Regular Meeting Agenda 04.23.25 Page 1 of 3
AGENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, April 23, 2025
Closed Session – 6:00 PM
Regular Session – 7:00 PM
The C
ity Council meeting will be held in person in the City Council Chambers. The Town will only accept public comments from the public attending in person and will not accept public comments via Zoom.
As
a courtesy and technology permitting, the meeting can also be viewed /heard via Zoom Video Conference, but no public comment will be allowed or accepted by the Town via Zoom. The Town cannot guarantee that the public’s access to Zoom will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue, even if the public is unable to view/hear or otherwise access the meeting via Zoom.
To attend the meeting in person:
Town
Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To view/h
ear the meeting via Zoom Video Conference:
Join Zo
om Meeting:
https://us02web.zoom.us/j/85610028212
Meeti
ng ID: 856 1002 8212
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To provide Public Comment:
Member
s of the public wishing to provide public comment are required to attend the meeting in person and are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less. If there appears to be a large number of speakers, time may be reduced to no less than one minute each, at the discretion of the Mayor.
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 650-997-8300 or email a request to [email protected].
Reaso
nable 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 Juan Rumayor, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.
Regular Meeting Agenda 04.23.25 Page 2 of 3
CLOSED SESSION – 6:00 PM
1. In Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiators.
Agency Negotiators: Dan Barros, City Manager
Austris Rungis, IEDA
Employee Organization: Colma Peace Officers Association
PLEDGE OF ALLEGIANCE AND ROLL CALL
REPORT OUT FROM CLOSED SESSION
ADOPTION OF AGENDA
PRESENTATIONS
• Proclamation Recognizing April 25, 2025 as National Arbor 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 Approve the Minutes from the April 9, 2025 Regular Meeting
2. Motion to Approve Report of Checks Paid for March 2025
3. Motion to Adopt a Resolution Adjusting Salary for Part-Time Staff to Meet the Minimum Wage Requirement Set Forth by the State of California and Amending the Salary Schedule Pursuant to CEQA Guideline 15378
4. Motion to Accept Informational Report on Recreation Department Program, Activities, Events, and Trips for the First Quarter of 2025
5. Motion Approving Bid Document Package and Authorizing Staff to Solicit Formal Bids for the 2024-2025 Slurry Seal Project and Authorizing the City Manager to Approve Changes to the Plan Documents as Needed or Required
Regular Meeting Agenda 04.23.25 Page 3 of 3
NEW BUSINESS
6. FY2024-25 Annual Investment Report
Consider: Motion to Adopt a Resolution (1) to Transfer of $5,000,000 from the General Checking Account and Invest the Additional Funds with Bank of NY Mellon/Pershing with Multi- Bank Securities Purchasing US Treasury Bonds Offerings and (2) Amending Colma Administrative Code Section 4.02.070, Relating to the Summary of Investment Parameters and Additional Limits Pursuant to CEQA Guideline 15378; and
Consider: Motion to Accept the Fiscal Year 2024-25 Annual Investment Report Through December 31, 2024 Pursuant to CEQA Guideline 15378
7. 2025 Adult Holiday Event
Consider: Motion to Direct the City Manager to Plan and Coordinate an Adult Holiday Event in December 2025 and Set the Participation Fees for the Adult Holiday Party at $15 for Adults and $10 for Seniors and Disabled as Authorized Under Colma Administrative Code Section 2.01.080 All Pursuant to CEQA Guidelines 15301 and 15323
8. New Fare Gates at Colma BART Station
Consider: Provide Direction to the City Manager on Whether to Engage in Negotiations for a Memorandum of Understanding (MOU) with the County of San Mateo to Reimburse the County for Any Costs Not Secured by Grant Funding for the Installation of 15 New Fare Gates at the Colma BART Station
REPORTS
Mayor/City Council
City Manager
ADJOURNMENT
Minutes – Regular Meeting 04.09.25 Page 1 of 3
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also viewable via Zoom.us
Wednesday, April 9, 2025
Closed Session – 6:00 PM
Regular Session – 7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Gonzalez called the meeting to order at 7:00 p.m.
Council Present – Mayor Ken Gonzalez, Vice Mayor Carrie Slaughter and Council Members Helen Fisicaro, Joanne F. del Rosario, and Thomas Walsh Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Chief of Police John Munsey, and City Clerk Michelle Estabillo
Council recited the Pledge of Allegiance.
REPORT OUT FROM CLOSED SESSION
Mayor Gonzalez stated that the Closed Session was canceled.
ADOPTION OF THE AGENDA
Action: A motion was made by Councilmember Thomas Walsh, seconded by Councilmember del Rosario, to adopt the agenda. The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Vice Mayor
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
5 0
PRES
ENTATIONS
Mayor Gonzalez proclaimed April as National Poetry Month and Daly City Public Library Associates Board of Directors President Clayton Koo accepted the proclamation.
PUBLIC COMMENTS
Rowena Poti Mafua provided public comment.
AGENDA ITEM #1
Minutes – Regular Meeting 04.09.25 Page 2 of 3
CONSENT CALENDAR
1. Motion to Approve the Minutes from the March 26, 2025 Regular Meeting There was no Public Comment.
Action: A motion was made by Vice Mayor Slaughter, seconded by Councilmember Walsh, to approve the Consent Calendar. The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
5 0
COUNCIL CALENDARING
Mayor Gonzalez announced that the next Regular Council Meeting will be held on April 23, 2025.
REPORTS
• Mayor/Council Reports
Councilmember Walsh reported that the San Mateo County Mosquito and Vector Control District is hosting an open house on June 21 from 12:00 p.m. to 4:00 p.m. • Committee Reports
There were no Committee reports.
• City Manager Report
City Manager Barros reported that the electric vehicle charging stations at the Colma Community Center are back in service. He also announced that the Easter Eggstravaganza is scheduled for Saturday, April 12 from 9 – 11:30 a.m. at Sterling Park and the Wine and Canvas is scheduled for April 18 from 6 – 8:30 p.m. at Colma Community Center. Lastly, City Manager Barros stated that early bird registration for this year’s summer camp begins on April 22.
Minutes – Regular Meeting 04.09.25 Page 3 of 3
ADJOURNMENT
Mayor Gonzalez adjourned the meeting at 7:16 p.m.
Respectfully submitted,
Michelle Estabillo, MMC
City Clerk
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Page: 1Check History ListingapCkHist
1 1:53AM Town of Colma04/01/2025
firstBank code:
Check # Date V
endor Status Clear/
Void Date
Amount PaidInvoice Inv. Date Check T
otal
03546 JUDIT
ABARCA RIVERA 2003026.00359987 50.0002/25/202503/07/2025 50.00 03746
ANDRES ABARCA 2/24-2/27/25 Reimb59988 132.5303/02/202503/07/2025 132.53 03267
ACC BUSINESS 250437377C59989 684.6402/27/202503/17/202503/07/2025 684.64 03170 ACTION TOWING AND ROAD SERVICE 150358C59990 300.0002/26/202503/12/202503/07/2025 300.00 00013
ANDY'S WHEELS & TIRES 68164C59991 02/05/202503/14/202503/07/2025 881.34 C 68223 02/27/202503/14/2025 789.44
C 68165 02/05/202503/14/2025 703.17
C 68191 2,473.6402/14/202503/14/2025 99.69
03810 CEFERINA
ALEXA ANICO 2/20/25 RefundC59992 42.0002/20/202503/1
1/202503/07/2025 42.00
00002 AT&T 02/18/2025C59993 41.6702/18/202503/17/202503/07/2025 41.67 01565 BAY CONTRACT MAINTENANCE, INC. 32903C59994 02/10/202503/1 1/202503/07/2025 3,021.41
C 32905 02/10/202503/11/2025 2,934.14
C 32904 02/10/202503/11/2025 2,934.14
C 32902 02/10/202503/11/2025 1,71
1.57 C 32907 02/10/202503/11/2025 698.59
C 32901 02/10/202503/11/2025 243.99
C 32906 11,757.0002/10/202503/11/2025 213.16
00051 CALIFORNIA WATER SERVICE CO. 6544607057-2/19/25C59995 02/19/202503/12/202503/07/2025 617.36 C 1727052702-2/13/25 759.9702/13/202503/12/2025 142.61 00057 CINTAS CORPORA
TION #2 4221268183C59996 906.1202/17/202503/17/202503/07/2025 906.12 00087 CITY
OF DALY CITY AR271760C59997 20,380.2802/19/202503/17/202503/07/2025 20,380.28 00087 CITY
OF DALY CITY 02/28/25-2 CouncilC59998 65.0003/04/202503/21/202503/07/2025 65.00 03539 CLARK PEST
CONTROL 36978064C59999 02/04/202503/13/202503/07/2025 144.00 C 37157589 272.0003/03/202503/13/2025 128.00
01919 COLLICUTT ENERGY SERVICES, INC 88455C60000 02/28/202503/17/202503/07/2025 994.43 C 88457 1,988.8602/28/202503/17/2025 994.43
Page: 1
AGENDA ITEM #2
Page: 2Check History ListingapCkHist
11:53AM T
own of Colma04/01/2025
firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 01037 COMCAST
CABLE 0097051 022025C60001 02/20/202503/24/202503/07/2025 371.14 C 0097028 022025 02/20/202503/24/2025 371.14
C 0188769 021225 811.3702/12/202503/24/2025 69.09
02583 CRIME SCENE CLEANERS, INC. 89871-1C60002 999.0010/11/202403/19/202503/07/2025 999.00 01995 DBA CELETTA INVESTIGATIVE SVCS 25-0227C60003 1,760.0002/27/202503/10/202503/07/2025 1,760.00 01472 MARIELA DELATORRE 2003027.00360004 300.0003/03/202503/07/2025 300.00 00112 DEPARTMENT OF JUSTICE 793107C60005 256.0002/05/202503/18/202503/07/2025 256.00 00112 DEPARTMENT OF JUSTICE 794648C60006 49.0002/05/202503/18/202503/07/2025 49.00 02793 DITO'S MOTORS 32261C60007 830.4802/25/202503/24/202503/07/2025 830.48 03449 ABIGAIL DOMETITA 2/17-2/21/25 ReimbC60008 557.6902/26/202503/10/202503/07/2025 557.69 03811 FLYERS ENERGY, LLC 25-304162C60009 1,295.5102/24/202503/11/202503/07/2025 1,295.51 03808 JOSUE HERNAN GARCIA LAINEZ 2003029.003C60010 50.0003/03/202503/28/202503/07/2025 50.00 02499 GE CAPITAL INFORMATION (RICOH) 5071046406C6001 1 03/01/202503/11/202503/07/2025 1,095.67 C 5071046190 1,457.9103/01/202503/11/2025 362.24
02499 GE CAPITAL INFORMATION (RICOH) 108982804C60012 02/14/202503/12/202503/07/2025 387.33 C 108982802 670.0702/14/202503/12/2025 282.74
03597 OMAR GUZMAN 2003028.003C60013 300.0003/03/202503/14/202503/07/2025 300.00 03724 DANIELLE KRANITZ 009C60014 5,600.0003/01/202503/17/202503/07/2025 5,600.00 00816 CARLOS LOPEZ 2003025.003C60015 50.0002/25/202503/12/202503/07/2025 50.00 03809 HEIDY LOPEZ 2003024.003C60016 200.0002/25/202503/10/202503/07/2025 200.00 03441 MARVIN GARDENS CATERING 1773860017 729.0902/19/202503/07/2025 729.09 00254 METRO MOBILE COMMUNICATIONS 49328C60018 602.0003/01/202503/12/202503/07/2025 602.00 01340 NAVIA BENEFIT SOLUTIONS 10938834C60019 400.0002/27/202503/11/202503/07/2025 400.00 03061 NICK BARBIERI TRUCKING LLC CL61853C60020 378.8502/15/202503/11/202503/07/2025 378.85 Page: 2
Page: 3Check History ListingapCkHist
11:53AM T
own of Colma04/01/2025
firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00280 ODP
BUSINESS SOLUTIONS 409435836001C60021 02/18/202503/13/202503/07/2025 151.78 C 413670621001 02/27/202503/13/2025 123.16
C 409448453001 02/19/202503/13/2025 100.28
C 409894743001 02/25/202503/13/2025 91.11
C 409448493001 02/18/202503/13/2025 88.35
C 409893201001 02/25/202503/13/2025 58.30
C 408324493001 651.3502/25/202503/13/2025 38.37
00307 P
ACIFIC GAS & ELECTRIC 0092128195-2 21Feb25C60022 02/21/202503/11/202503/07/2025 3,107.68 C 0678090639-9 18Feb25 02/18/202503/11/2025 91.00
C 9593452526-2 18Feb25 02/18/202503/11/2025 30.23
C 2039987372-6 21Feb25 3,238.0202/21/202503/11/2025 9.11 03775 RAMOS OIL
COMPANY CL152743C60023 94.8902/20/202503/11/202503/07/2025 94.89 03755 CAROLINA RAUDA 2003023.003C60024 275.0002/25/202503/12/202503/07/2025 275.00 02999 RECYCLE AWAY, LLC 00052173C60025 4,819.5702/25/202503/11/202503/07/2025 4,819.57 02795 JAY ROSSET DECEMBER 2024C60026 6,445.0003/04/202503/11/202503/07/2025 6,445.00 02795 JAY ROSSET JANUAR Y 2025C60027 6,445.0003/04/202503/11/202503/07/2025 6,445.00 02795 JAY ROSSET FEBRUAR Y 2025C60028 6,445.0003/04/202503/11/202503/07/2025 6,445.00 03005 JAVIER RUAN 2003022.003C60029 300.0002/25/202503/17/202503/07/2025 300.00 01101 TERRYBERRY COMPANY LLC S54258C60030 465.0102/21/202503/11/202503/07/2025 465.01 03710 VESTIS GROUP, INC. 5180438172C60031 26.4903/03/202503/12/202503/07/2025 26.49 01375 NATIONWIDE RETIREMENT SOLUTION 03/07/2025 BC60032 03/07/202503/11/202503/07/2025 3,233.06 C 03/07/2025 M 5,253.0603/07/202503/11/2025 2,020.00
01340 NA
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00925
APWA 000867048C60034 245.0002/01/202503/24/202503/14/2025 245.00 00020 ASSOCIATED SERVICES 125030024C60035 03/01/202503/20/202503/14/2025 40.00 C 125030023 49.0003/01/202503/20/2025 9.00
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11:53AM T
own of Colma04/01/2025
firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00004
AT&T 000023122030C60036 40.8303/01/202503/24/202503/14/2025 40.83 03758 AUTO SOUND PERFORMANCE 15295C60037 03/10/202503/17/202503/14/2025 924.79 C 15200 1,649.7912/18/202403/17/2025 725.00
03447 NIKOLE
AZZOPARDI 3/6-3/11/25 ReimbC60038 38.7803/12/202503/20/202503/14/2025 38.78 01355 BANK OF NEW YORK MELLON, THE 03/06/2025 COP P&IC60039 213,309.3803/06/202503/20/202503/14/2025 213,309.38 03815 BROADMOOR CLEANERS & ALTERATIO 71282C60040 350.0003/03/202503/18/202503/14/2025 350.00 00051 CALIFORNIA WATER SERVICE CO. 02/28/25 Bill DateC60041 6,062.4502/28/202503/20/202503/14/2025 6,062.45 03539 CLARK PEST CONTROL 36978069C60042 02/04/202503/20/202503/14/2025 155.00 C 36978066 02/03/202503/20/2025 144.00
C 36978067 442.0002/03/202503/20/2025 143.00
00507 COLMA FIRE PROTECTION DISTRICT 3/11/2560043 920.0003/11/202503/14/2025 920.00 01037 COMCAST CABLE 0002770 021725C60044 02/17/202503/18/202503/14/2025 10.86 C 0097069 022725 12.8602/27/202503/18/2025 2.00
03551 CULLIGAN QUENCH INV08682917C60045 275.3003/07/202503/20/202503/14/2025 275.30 00649 DAVEY TREE EXPERT COMPANY 919235051C60046 02/21/202503/20/202503/14/2025 4,995.00 C 919235050 9,990.0002/21/202503/20/2025 4,995.00
00110 DEPARTMENT OF TRANSPORTATION SL250276C60047 1,214.2102/24/202503/25/202503/14/2025 1,214.21 02793 DITO'S MOTORS 32318C60048 248.9503/05/202503/24/202503/14/2025 248.95 03817 DUNN-EDWARDS CORPORATION 2020A16743C60049 481.2703/06/202503/18/202503/14/2025 481.27 03616 FLEXIBLE BENEFIT ADMIN 207767C60050 45.0003/05/202503/19/202503/14/2025 45.00 01050 MARTHA L. GOMEZ 2003038.00360051 80.0003/10/202503/14/2025 80.00 03812 BLANCA GONZALEZ JUAREZ 2003035.003C60052 03/10/202503/20/202503/14/2025 905.00 C 2003036.003 1,755.0003/10/202503/20/2025 850.00
00433 GRAINGER INC 9430135237C60053 477.7003/06/202503/19/202503/14/2025 477.70 02965 HAPPYCAKE FACE PAINTING 687862C60054 362.2503/05/202503/27/202503/14/2025 362.25 Page: 4
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own of Colma04/01/2025
firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03601 HEALTH AND HUMAN RESOURCE CNTR E0340557C60055 64.8003/04/202503/17/202503/14/2025 64.80 00181 IEDA 24876C60056 1,744.0203/01/202503/21/202503/14/2025 1,744.02 00280 ODP BUSINESS SOLUTIONS 413896060001C60057 03/04/202503/21/202503/14/2025 124.48 C 415018434001 03/07/202503/21/2025 55.29
C 413897180001 03/05/202503/21/2025 37.90
C 413897181001 230.2903/04/202503/21/2025 12.62
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COMPANY CL153902C60061 02/28/202503/19/202503/14/2025 1,462.81 C CL156801 2,780.4803/10/202503/19/2025 1,317.67
03813 SAN FRANCISCO OPERA ASSOC. 5432824C60062 962.0003/05/202503/20/202503/14/2025 962.00 02816 TIFFANY SHARON SANCHEZ 2003037.003C60063 300.0003/10/202503/19/202503/14/2025 300.00 00349 SEGALE & CERINI INC. 1836960064 02/28/202503/14/2025 23,055.50 18336 02/28/2025 1,654.75
18371 25,101.2502/28/2025 391.00
00500 SMC CONTROLLERS OFFICE February 202560065 2,009.5003/06/202503/14/2025 2,009.50 00364 SMC FORENSIC LAB PS-INV104771C60066 270.0002/28/202503/20/202503/14/2025 270.00 00345 SMC SHERIFF'S OFFICE 5/19-5/23/2560067 50.0003/10/202503/14/2025 50.00 01865 THYSSENKRUPP ELEVATOR CORP 3008384785C60068 4,032.0003/01/202503/20/202503/14/2025 4,032.00 00411 TURBO DATA SYSTEMS 45165C60069 1,744.2402/28/202503/17/202503/14/2025 1,744.24 03710 VESTIS GROUP, INC. 5180440320C60070 26.4903/10/202503/20/202503/14/2025 26.49 03816 VORTEX INDUSTRIES, LLC 45-1775777C60071 925.3011/06/202403/17/202503/14/2025 925.30 02799 WAVE/ASTOUND 103745301-001 1365C60072 440.2203/01/202503/18/202503/14/2025 440.22 Page: 5
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03645 WHITLOCK & WEINBERGER TRANSPOR 32646C60073 715.0003/11/202503/31/202503/14/2025 715.00 00047 C.L.E.A. 03/21/2025 BC60074 544.0003/21/202503/25/202503/21/2025 544.00 01375 NATIONWIDE RETIREMENT SOLUTION 03/21/2025 BC60075 3,233.0603/21/202503/25/202503/21/2025 3,233.06 01340 NAVIA BENEFIT SOLUTIONS 03/21/2025 BC60076 2,223.3503/21/202503/24/202503/21/2025 2,223.35 02944 ASSOCIATION OF CALIFORNIA PEACE OFFICERS RESEARCH03/21/2025 BC60077 56.2503/21/202503/26/202503/21/2025 56.25 02945 PORAC LEGAL DEFENSE FUND 03/21/2025 BC60078 210.0003/21/202503/25/202503/21/2025 210.00 02224 STANDARD INSURANCE COMPANY Ben82325C60079 397.5003/21/202503/25/202503/21/2025 397.50 03334 LLC AT&T MOBILITY NATIONAL ACCOUNT 287296200335X030225C60080 2,577.4703/02/202503/25/202503/21/2025 2,577.47 01565 BAY CONTRACT MAINTENANCE, INC. 32970C60081 03/10/202503/25/202503/21/2025 3,021.41 C 32972 03/10/202503/25/2025 2,934.14
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C 32969 03/10/202503/25/2025 1,711.57
C 32974 03/10/202503/25/2025 698.59
C 32968 03/10/202503/25/2025 243.99
C 32973 11,757.0003/10/202503/25/2025 213.16
03801 BLACK & VEATCH CORPORATION 1455353C60082 02/06/202503/26/202503/21/2025 97,033.81 C 1457974 192,341.0203/06/202503/26/2025 95,307.21
00038 BROADMOOR LANDSCAPE SUPPLY 66892C60083 01/21/202503/27/202503/21/2025 375.40 C 66897 533.9301/21/202503/27/2025 158.53
00051 CALIFORNIA WATER SERVICE CO. 0944444444-03/03/25C60084 03/03/202503/26/202503/21/2025 70.26 C 3422893362-03/03/25 03/03/202503/26/2025 70.26
C 5793906861-03/03/25 187.3503/03/202503/26/2025 46.83 00057 CINT
AS CORPORATION #2 4216853077C60085 01/06/202503/28/202503/21/2025 903.90 C 4221268137 1,450.3702/17/202503/28/2025 546.47
03539 CLARK PEST
CONTROL 37157590C60086 03/03/202503/31/202503/21/2025 162.00 C 37157588 03/03/202503/31/2025 150.00
C 37157586 03/03/202503/31/2025 150.00
C 37157587 612.0003/04/202503/31/2025 150.00
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03411 CLEAN WORLD GREASE TRAP SVCS 0728760087 125.0003/10/202503/21/2025 125.00 00507 COLMA FIRE PROTECTION DISTRICT 12/2/2460088 225.0001/21/202503/21/2025 225.00 01037 COMCAST CABLE 0094769 022625C60089 10,936.1 102/26/202503/25/202503/21/2025 10,936.1 1 03702 CORODATA RECORDS MANAGEMENT RS3698220C60090 141.3302/28/202503/24/202503/21/2025 141.33 02827 CORODATA SHREDDING, INC. DN 1514976C60091 181.8202/28/202503/24/202503/21/2025 181.82 03792 CROSBY GROUP ENGINEERS ARCHITE 18256C60092 7,326.0003/07/202503/26/202503/21/2025 7,326.00 00071 CSG CONSULTANTS, INC. 2/1/25-2/28/25C60093 03/14/202503/25/202503/21/2025 125,299.92 C 2/1/25-2/28/25 CIP 148,377.4203/14/202503/25/2025 23,077.50 00099 D.C. LOCK & SECURITY SERVICE 8169560094 25.2703/17/202503/21/2025 25.27 00112 DEPARTMENT OF JUSTICE 800575C60095 706.0003/05/202503/26/202503/21/2025 706.00 00112 DEPARTMENT OF JUSTICE 8021 13C60096 49.0003/05/202503/26/202503/21/2025 49.00 02793 DITO'S MOTORS 32357C60097 03/11/202503/31/202503/21/2025 1,541.38 C 32384 03/14/202503/31/2025 1,380.43
C 32331 03/06/202503/31/2025 703.22
C 32374 03/13/202503/31/2025 135.28
C 32337 03/07/202503/31/2025 114.55
C 32230 3,976.1602/21/202503/31/2025 101.30
03820 MICHELLE EST
ABILLO 2025-0160098 15.0003/18/202503/21/2025 15.00
03616 FLEXIBLE BENEFIT ADMIN 208233C60099 132.0003/14/202503/27/202503/21/2025 132.00 02499 GE CAPITAL INFORMATION (RICOH) 109024576C60100 525.4403/05/202503/26/202503/21/2025 525.44 03712 HD SUPPLY, INC. F/K/A 851822593C60101 289.2002/24/202503/24/202503/21/2025 289.20 00174 HOME DEPOT CREDIT SERVICES 02/27/25 CLOSINGC60102 303.4402/27/202503/25/202503/21/2025 303.44 03819 DIANA ELIZABETH KEENAN 3/13/25 - Refund60103 32.0003/13/202503/21/2025 32.00 00226 CINDY LIM ROOT 3/2-3/6/25 ReimbC60104 2,064.8703/13/202503/25/202503/21/2025 2,064.87 03607 MARK THOMAS & COMPANY, INC. 54636C60105 03/07/202503/24/202503/21/2025 130,343.41 Page: 7
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total C 54699 148,570.0903/12/202503/24/2025 18,226.68
01 148 MARA MARTINEZ 2003043.003C60106 225.0003/17/202503/31/202503/21/2025 225.00 03441 MARVIN GARDENS CATERING 1785460107 821.6803/19/202503/21/2025 821.68 02878 DANIEL MENDOZA 3/3-3/5/25 ReimbC60108 137.5903/12/202503/27/202503/21/2025 137.59 02993 MIXTISO Feb 13-Mar 6, 2025C60109 400.0003/17/202503/28/202503/21/2025 400.00 03061 NICK BARBIERI TRUCKING LLC CL62771C601 10 313.4102/28/202503/25/202503/21/2025 313.41 00280 ODP BUSINESS SOLUTIONS 415806736001C601 11 03/13/202503/26/202503/21/2025 86.05 C 415821164001 103.0103/13/202503/26/2025 16.96
03818
ANDREA ORTEGA 2003042.003C60112 300.0003/17/202503/21/202503/21/2025 300.00 00307 PACIFIC GAS & ELECTRIC 3007220528-6 07Mar25C601 13 03/07/202503/26/202503/21/2025 4,972.24 C 0576889222-5 07Mar25 03/07/202503/26/2025 332.80
C 0035222590-8 07Mar25 5,344.0803/07/202503/26/2025 39.04 03609 P
AYMENTUS CORPORATION INV-15-160254C60114 237.3202/28/202503/28/202503/21/2025 237.32 00311 PITNEY BOWES INC. 31071 15325C60115 899.6402/27/202503/31/202503/21/2025 899.64 03775 RAMOS OIL COMPANY CL149554C601 16 1,671.8401/31/202503/25/202503/21/2025 1,671.84 03488 RUBBER STAMPS UNLIMITED 91034C601 17 88.3703/13/202503/26/202503/21/2025 88.37 00714 SMC ASSESSOR-COUNTY CLERK- 3/19/25 CEQA FEE601 18 50.0003/19/202503/21/2025 50.00 02224 STANDARD INSURANCE COMPANY Apr2025CoverageC601 19 237.8203/18/202503/25/202503/21/2025 237.82 00830 STAPLES BUSINESS CREDIT 6025019691C60120 02/25/202503/26/202503/21/2025 271.32 C 6025019688 02/25/202503/26/2025 187.41
C 6025019690 02/25/202503/26/2025 161.15
C 6025019692 02/25/202503/26/2025 137.12
C 6025019689 845.8002/25/202503/26/2025 88.80
01030 STEPFORD, INC. 2406553C60121 1,627.5003/13/202503/25/202503/21/2025 1,627.50 00412 TELECOMMUNICATIONS ENGINEERING 4926560122 03/10/202503/21/2025 1,652.50 49264 2,994.5003/10/2025 1,342.00
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Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03015 U.S. BANK CORPORATE PMT SYSTEMV60123 0.0003/19/202503/21/2025 0.00 03015 U.S. BANK CORPORATE PMT SYSTEM 2/24/25 AzzopardiC60124 02/24/202503/27/202503/21/2025 6,251.62 C 2/24/25 Abellana 02/24/202503/27/2025 6,129.40
C 2/24/25 Dometita 02/24/202503/27/2025 2,774.70
C 2/24/25 Gotelli 02/24/202503/27/2025 2,483.60
C 2/24/25 Eshun 02/24/202503/27/2025 2,061.91
C 2/24/25 Wollman 02/24/202503/27/2025 1,972.44
C 2/24/25 Navarro 02/24/202503/27/2025 1,654.69
C 2/24/25 Esquivias 02/24/202503/27/2025 1,165.97
C 2/24/25 Estabillo 02/24/202503/27/2025 815.51
C 2/24/25 Velasquez 02/24/202503/27/2025 608.51
C 2/24/25 Walsh 02/24/202503/27/2025 588.64
C 2/24/25 Rumayor 02/24/202503/27/2025 564.57
C 2/24/25 Barros 27,595.1802/24/202503/27/2025 523.62 02849 6746050100 U.S. BANK PARS ACCOUNT 2025-04 OPEBC60125 101,073.0003/14/202503/27/202503/21/2025 101,073.00 01687 UNITED SITE SERVICES OF INV -5189338C60126 168.1603/13/202503/28/202503/21/2025 168.16 03710 VESTIS GROUP, INC. 5180443320C60127 26.4903/17/202503/26/202503/21/2025 26.49 03798 VIRGO MOON SACRED SPACE, LLC 00003C60128 270.0002/26/202503/26/202503/21/2025 270.00 02637 Z.A.P. MANUFACTURING INC. 9572C60129 1,531.2503/18/202503/25/202503/21/2025 1,531.25 03615 ALL INDUSTRIAL ELECTRIC SUPPLY 532485760130 12,949.8403/20/202503/28/2025 12,949.84 03821 ALEJANDRA GONZALEZ ARENAS 3/3-3/7/25 ReimbC60131 1,936.8903/18/202503/31/202503/28/2025 1,936.89 00004 AT&T 00002317981760132 1,737.9703/13/202503/28/2025 1,737.97 01183 BEST BEST & KRIEGER LLP 102362060133 03/25/202503/28/2025 22,315.00 1023619 26,164.9003/25/2025 3,849.90
03059 BRIGHTL
Y SOFTWARE, INC. INV-26892060134 1,830.6502/18/202503/28/2025 1,830.65 00051 CALIFORNIA WATER SERVICE CO. 1727052702-3/14/2560135 142.6103/14/202503/28/2025 142.61 00087 CITY OF DALY CITY AR271927C60136 307.7603/19/202503/31/202503/28/2025 307.76 Page: 9
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 01239 CITY
OF PACIFICA 3/28/25 Dinner60137 65.0003/20/202503/28/2025 65.00 00093 CITY OF SOUTH SAN FRANCISCO 52090960138 750.0002/26/202503/28/2025 750.00 01037 COMCAST CABLE 0096715 03072560139 1 1.1303/07/202503/28/2025 1 1.13 00117 DELTA DENTAL OF CALIFORNIA BE006507478C60140 13,860.4204/01/202503/31/202503/28/2025 13,860.42 00110 DEPARTMENT OF TRANSPORTATION 2500374260141 01/22/202503/28/2025 36,224.91 24005658 03/20/2024 16,248.28
24006140 04/15/2024 5,521.38
24005657 03/20/2024 5,452.88
25004225 02/13/2025 5,261.46
25005560 03/24/2025 1,482.38
24006617 70,732.6105/15/2024 541.32
00709 LORENA
FLORES 2003046.00360142 275.0003/24/202503/28/2025 275.00 03712 HD SUPPLY, INC. F/K/A 85348530860143 489.8603/05/202503/28/2025 489.86 00464 HINDERLITER, DE LLAMAS SIN04847660144 1,012.1903/20/202503/28/2025 1,012.19 03388 INTRADO LIFE & SAFETY 110001460145 4,678.6803/19/202503/28/2025 4,678.68 03714 JUNIOR CHEF STARS 118760146 360.0003/25/202503/28/2025 360.00 01653 KAISER PERMANENTE MEDICAL 100093720660147 75.0003/12/202503/28/2025 75.00 00254 METRO MOBILE COMMUNICATIONS 4941260148 345.3903/20/202503/28/2025 345.39 03324 GABRIELA NAVARRO 2003047.00360149 300.0003/24/202503/28/2025 300.00 03061 NICK BARBIERI TRUCKING LLC CL63693C60150 454.1803/15/202503/31/202503/28/2025 454.18 03814 ON PURPOSE LEADERSHIP, LLC 5600- REISSUE60151 14,000.0003/05/202503/28/2025 14,000.00 00307 PACIFIC GAS & ELECTRIC 1918250367-2 17Mar25C60152 03/17/202503/31/202503/28/2025 16,000.33 C 0512181543-4 10Mar25 18,764.8903/10/202503/31/2025 2,764.56 03775 RAMOS OIL
COMPANY CL15831160153 1,658.2403/20/202503/28/2025 1,658.24 03502 CARMEN SANTOS 2003045.00360154 80.0003/24/202503/28/2025 80.00 Page: 10
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Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03686 SERRA
YELLOW CAB, INC 1078-01660155 1,056.6202/28/202503/28/2025 1,056.62 03647 SERRAMONTE FORD 36740960156 2,020.2602/24/202503/28/2025 2,020.26 00534 SMC INFORMATION SERVICES DEPT 1YCL1250260157 82.2502/28/202503/28/2025 82.25 00388 SONITROL 39030660158 1,177.3803/11/202503/28/2025 1,177.38 01030 STEPFORD, INC. 250174760159 10,152.9003/20/202503/28/2025 10,152.90 02848 UNITED COACH TOURS 23315WF60160 960.0001/16/202503/28/2025 960.00 02946 AMANDA VELASQUEZ 3/18-3/19/25 ReimbC60161 347.3903/20/202503/31/202503/28/2025 347.39 03710 VESTIS GROUP, INC. 518044565060162 26.4903/24/202503/28/2025 26.49 00432 VISION SERVICE PLAN 822510443C60163 1,157.8503/19/202503/31/202503/28/2025 1,157.85 03816 VORTEX INDUSTRIES, LLC 45-1779356C60164 600.0012/12/202403/31/202503/28/2025 600.00 1,283,260.05first T otal:
Total Checks:checks in this report 178 1,283,260.05
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Staff
Report – Minimum Wage Adjustment for Part-Time Staff Page 1 of 3
STAFF REPORT
TO: M
ayor and Members of the City Council
FROM: Juan Rumayor, Human Resources
VIA: Daniel Barros, City Manager
MEETING DATE: April 23, 2025
SUBJECT: Minimum Wage Adjustment for Part-Time Staff
RECOM
MENDATION
Staff recommends that the City Council adopt:
RESOLUTION ADJUSTING SALARY FOR PART-TIME STAFF TO MEET THE MINIMUM WAGE
REQUIREMENT SET FORTH BY THE STATE OF CALIFORNIA AND AMENDING THE SALARY SCHEDULE PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
Adoption of the resolution is the fair course of action because the City Council will be bringing the salaries in alignment with the minimum wage set forth by the State of California. Adoption of the resolution is also the responsible course of action because the Council is satisfying the requirement to meet the State minimum wage law.
BACK
GROUND
On April 4, 2016, California Governor Jerry Brown signed legislation (SB 3, Leno) raising California’s minimum wage to $15.00/hour by 2022. After January 1, 2023, future wage increases are tied to inflation, reflecting increases in the Consumer Price Index up to 3.5% per year. Under this state law, the Governor may temporarily suspend the minimum wage increase during an economic downturn. On August 1, 2024, California’s Director of Finance certified that the state’s minimum wage for all employers will incre ase to $16.50 per hour, effective on January 1, 202 5.
This determination was made after analyzing inflationary factors as required by SB 3.
The increased minimum wage levels are applied uniformly across the state. Local governments retain the ability to adopt local minimum wage ordinances that increase the minimum wage more rapidly than the statewide time frame or increase the minimum wage level. SB 3 gives California one of the highest minimum wages in the country along with jurisdictions like Washington, New York, Washington, D.C., and Massachusetts.
AGENDA ITEM #3
Staff Report – Minimum Wage Adjustment for Part-Time Staff Page 2 of 3 Positions that are affected by this update to the minimum wage are Recreation Leader, Student Aide, Senior Recreation Leader , Facility Attendant, and Intern. The current Step 1 hourly wage for Recreation Leader and Student Aide is $16.00/hour.
ANALYSIS
The current pay schedule (Resolution No. 2024 -35, Effective December 22, 2024) for part -time employees includes a 5% differential between steps and a 9% differential between classifications.
Current Pay Schedule Step 1 Step 2 Step 3 Step 4 Step 5 Recreation Leader
and Student Aide 16.00 16.82 17.64 18.56 --
Senior Recreation Leader
and Facility Attendant 20.21 21.24 22.27 23.40 --
Intern 25.52 26.81 28.15 29.59 31.08
The proposed salary schedule sets the minimum wage at $ 16.50/hour and maintains the incremental pay increases through favorable performance.
Effective
December 25, 2022 Step 1 Step 2 Step 3 Step 4 Step 5 Recreation Leader
and Student Aide
16.50 17.33
18.20 19.11 --
Senior Recreation Leader
and Facility Attendant 20.82 21.86
22.95 24.10 --
Intern 26.27
27.58 28.96
30.41 31.93
Future adjustments will be proposed annually. By updating the minimum wage annually, the Town’s salary schedule will align with the mandated minimum wage schedule.
FISCAL IMPACT
Though the hourly rate will increase for these specific positions, the Recreation Coordinators and Recreation Manager will be able to successfully manage the staffing needs while staying within the Recreation Department’s current budget. If a budget adjustment is needed, staff will bring it before the City Council as part of a later financial update.
ALTERNATIVES
The Council could choose not to adopt the proposed resolution or to request modifications to the proposed salary ranges. Doing so is not recommended, as the Town could be in violation of State
Staff Report – Minimum Wage Adjustment for Part-Time Staff Page 3 of 3 law because the salary ranges are based on meeting the minimum wage requirements set forth by the State of California.
The Council could increase the hourly rate for Step 1 Recreation Leader above $16.50 per hour.
CONCLUSION
Staff recommends the adoption of the resolution adjusting the salary for part-time staff to meet the minimum wage requirement set forth by the State of California, and amending the Town’s salary schedule.
ATTACHMENTS
A. Resolution (includes Salary Schedule)
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Reso 2025-XX Minimum Wage 2025 Page 1
RESOLUTION NO. 2025-XX
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION ADJUSTING SALARY FOR PART-TIME STAFF TO MEET THE MINIMUM
WAGE REQUIREMENT SET FORTH BY THE STATE OF CALIFORNIA AND AMENDING THE SALARY SCHEDULE PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1. Bac
kground.
(a) On April 4, 2016, Governor Brown signed Senate Bill 3, which increase s California’s minimum wage annually, reaching $15.00/ hour for employers with 26 or more employees by January 1, 2022.
(b) Each year, thereafter, the Department of Industrial Relations publishes the new minimum wage with CPI adjustment.
(c) On August 1, 2024, California’s Director of Finance certified that the state’s minimum wage for all employers will increase to $16.50 per hour, effective January 1, 2025. (c) In order to ensure compliance with state law, the City Manager is, as he has in previous years, recommending that the City Council adjust the salary schedule as provided for in this Resolution, and continually adjust the salary on an annual basis to ensure compliance with state required minimum wage laws.
2. Salary Scale for Part -Time Staff (including Student Aide/ Recreation Leader , Senior Recreation Leader/Facility Attendant, and Intern). The Town shall pay the part- time staff identified below at the respective hourly salaries shown below, with the City Manager determining the appropriate step in accordance with Subchapter 3.02 of the Colma Administrative Code relating to Employment (See Exhibit A for Full Salary Schedule):
Student Aide/Recreation Leader
STEP 1 2 3 4
16.50 17.33 18.20 19.11
Senior Recreation Leader/Facility Attendant
STEP 1 2 3 4
20.82 21.86 22.95 24.10
Intern
STEP 1 2 3 4 5
26.27 27.58 28.69 30.41 31.93
ATTACHMENT A
I I I
Reso 2025-XX Minimum Wage 2025 Page 2
3. Salary Schedule Adopted.
(a) The City Council hereby amends the pay or salary schedule, effective January 1, 2025, as detailed in Exhibit A, attached hereto and incorporated by reference, to memorialize the changes proposed by this Resolution, with the applicable pay or salary for each position listed, in compliance with Title 2 of the California Code of Regulations Section 570.5. (b) No changes in pay or salary are proposed for those positions on the pay or salary schedule, except for the part-time staff, as set by this Resolution.
4. No Contract. Nothing herein shall be construed as a contract with any employee, and the City Council shall have the discretion to modify the respective salaries in accordance with any applicable state or local provisions.
5. Effective Date. This resolution shall become effective immediately upon adoption and shall apply retroactively to January 1, 2025.
Certification of Adoption
I certify that the foregoing Resolution No. 2025-__ was duly adopted at a regular meeting of said City Council held on XXXX, 2025 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez Mayor
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Voting Tally
Dated ______________________ ___________________________________ Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
Town of Colma Pay Schedule (Effective January 1, 2025)
Proposed Resolution XX/XX/XXXX
1 2 3 4 5 6
Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Add'l Incentive Payroll Ref Elected Officials (Monthly Compensation)
Mayor & City Council 1,249.00
Regular/Casual/Temporary Employees (hourly rate, compensated on a biweekly basis) Accounting Manager 71.09 74.63 78.36 82.28 86.39 - (10)(11) 8acctm Accounting Technician 47.36 49.73 52.22 54.83 57.58 - (10)(11) 8acct Administrative Services Director 89.00 93.46 98.12 103.03 108.19 - (11) 8acm Administrative Technician I 44.20 46.41 48.74 51.17 53.72 - (10)(11) 8at1 Administrative Technician II 46.41 48.74 51.17 53.72 56.41 - (10)(11) 8at2 Administrative Technician III 46.41 48.74 51.17 53.72 56.41 59.23 (10)(11) 8at3 City Clerk 59.23 62.19 65.30 68.56 71.99 - (10)(11) 8clrk1 City Manager 115.39 - - - - - (9) mgr Community Service Officer 43.12 45.28 47.54 49.92 52.41 - (10)(11) 8cso Executive Assistant to Chief of Police 46.41 48.74 51.17 53.72 56.41 59.23 (10)(11) 8at3 Facility Attendant 20.82 21.86 22.95 24.10 - - (11) 8fa Human Resources Manager 64.89 68.13 71.54 75.12 78.87 - (10)(11) 8hrm Intern 26.27 27.58 28.96 30.41 31.93 - (11) intr Maintenance Technician I 43.22 45.38 47.65 50.03 52.54 - (7)(8)(10)(11) 8mt1 Maintenance Technician II 45.38 47.65 50.03 52.54 55.17 - (7)(8)(10)(11) 8mt2 Maintenance Technician III 45.38 47.65 50.03 52.54 55.17 57.93 (7)(8)(10)(11) 8mt3 Management Analyst I 49.22 51.68 54.27 56.98 59.83 - (11) 8ma1 Management Analyst II 53.23 55.89 58.70 61.63 64.71 - (11) 8ma2 Management Analyst III 57.57 60.45 63.47 66.64 69.98 - (11) 8ma3 Police Chief 96.53 101.35 106.42 110.68 114.86 - (1)(11) chief Police Commander 87.42 91.78 96.39 101.20 106.26 - (1)(11) 8pcmd Police Dispatcher / Clerk 53.95 55.45 56.95 58.45 59.93 - (6)(4)(11) clerical Police Dispatcher/Records Supervisor 65.02 66.82 68.64 70.45 72.26 - (2)(4)(11) supervisor Police Officer - Reserve 60.37 - - - - - pdres Police Officer 1 60.37 63.39 66.57 69.90 - - (1)(3)(5)(11) 8po1 Police Officer 2 62.78 65.93 69.23 72.69 - - (1)(3)(5)(11) 8po2 Police Officer 3 64.01 67.21 70.57 74.09 - - (1)(3)(5)(11) 8po3 Police Sergeant 1 76.53 78.11 79.73 84.13 - - (1)(3)(5)(11) 8sgt1 Police Sergeant 2 79.58 81.23 82.91 87.50 - - (1)(3)(5)(11) 8sgt2 Police Sergeant 3 81.11 82.78 84.49 89.19 - - (1)(3)(5)(11) 8sgt3 Public Works Maintenance Supervisor 55.19 57.95 60.84 63.90 67.08 - (7)(8)(10)(11) 8mts Recreation Coordinator 43.10 45.26 47.53 49.90 52.38 - (10)(11) 8recc Recreation Leader 16.50 17.33 18.20 19.11 - - (11) 8rl Recreation Manager 51.52 54.09 56.78 59.64 62.61 - (10)(11) recmgr Senior Recreation Leader 20.82 21.86 22.95 24.10 - - (11) 8rls Student Aide 16.50 17.33 18.20 19.11 - - (11) 8sta Additional Incentive
(1) These positions receive a $1,025 per year uniform allowance (2) This position receives a 5.0% incentive for CAD Administrator (3) These positions receive an additional 5% Holiday Pay (4) These positions receive a $774.73 per year uniform allowance (5) These positions may receive a 5% incentive for Acting Commander, Acting Sergeant, Officer in Charge, Training Officer, and/or Detective
(6) This position may receive a 2.5% incentive for Back-up CAD Administrator (7) These positions may receive $120 per week stand-by pay (8) These positions receive an in kind uniform allowance of $68.67 per pay period (9) This position receives a $300 monthly automobile allowance (10) These positions may received 5% out of class pay
(11) These positions may receive retention pay (2.5% @ 10 years; 5.0% @ 20 years)
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Staff Report - Recreation Quarterly Review, January- March 2025
STAFF REPORT
TO: May
or and Members of the City Council
FROM: Angelika Abellana, Recreation Manager
VIA: Dan Barros, City Manager
MEETING DATE: April 23, 2025
SUBJECT: Recreation Services Department Quarterly Review, January - March 2025
RECOMMENDATION
Staff recommends that the City Council adopt:
MOTION TO ACCEPT INFORMATION REPORT ON RECREATION DEPARTMENT PROGRAM, ACTIVITIES, EVENTS AND TRIPS FOR THE FIRST QUARTER OF 2025
BACKGROUND
Participation
The Recreation Services Department offered programs, activities, events, and trips for all age groups during the past quarter. Below is a summary of participation levels by demographic:
● Adults and Seniors – Enrichment Programs
o A total of 178 adults and seniors participated in enrichment programs, reflecting a decrease of 29 participants compared to the first quarter of 2024. Staff attribute this decline in participation to the delayed start of the restorative yoga and evening Zumba classes, which began in mid-February rather than in January. As a result, attendance has shown a slower progression. ● Adults and Seniors – Trips and Events
o A total of 105 adults and seniors participated in trips and events, reflecting a decrease of 11 participants compared to the first quarter of 2024. Staff attribute this decline to the shift from a hybrid luncheon format to an in-person-only Senior Luncheon. While some seniors chose to attend in person, others opted out due to the change in format. Despite the decrease in overall participation, monthly adult and senior trips have continued to be successful. ● Youth and Teens – Enrichment Programs
o A total of 204 youth and teens participated in enrichment programs during the reporting period, marking an increase of 70 participants compared to the first quarter of 2024. This growth is primarily attributed to the participation in the Kids Club and Presidents Day Camp. Additionally, staff noted a rise in engagement in the Teen Hang Out program and will continue to expand outreach efforts to further engage the teen community and support ongoing program growth.
AGENDA ITEM #4
Staff Report - Recreation Quarterly Review, January- March 2025
● Youth and Teens – Events and Trips
o A total of 67 youth and teens participated in events and trips during the first quarter of 2025, reflecting a decrease of 72 participants compared to the same period in 2024. Staff attribute this decline to lower participation in the Dessert and Art program this quarter, as well as the scheduling of the Eggstravaganza event in the second quarter of 2025 rather than the first. Additionally, due to staff changes, the Tiny Tots Reading Across America event was canceled.
Despite the overall decline, the Parents' Night Out program continues to generate high interest and remains a successful offering.
● Community Programs (All Ages)
o A total of 303 youth, adults, and seniors participated in community programs, reflecting an increase of 4 participants compared to the first quarter of 2024.
Staff attribute this rise in participation to the addition of new programs, including the Ghost Run and Family Bingo Night, which contributed to increased engagement across all age groups.
The attachment contains a detailed breakdown of participation by program.
Rental Activity
The Colma Community Center was rented for 42 different events:
● Resident Rental (18 social events, 1 Funeral)
● Colma Non-Profit (1 Meeting, 1 Fundraiser)
● Non-Resident Rental (3 social events, 2 funeral)
● Non-Resident Nonprofit (2 Fundraiser)
● Non-Resident Nonprofit, kitchen only (5 reservations) ● In House Reservations (8 PD Trainings, 1 Flag Raising)
The Sterling Park Recreation Center was rented for 15 different events:
• Sterling Park Resident Rental Reservations – including Picnic Site (4 social events) • Sterling Park Resident Rental Reservations (11 social events)
ANAL
YSIS
In the first quarter of 2025, a total of 857 participants attended 43 programs, representing a decrease of 38 participants compared to the same period in 2024. This decline is primarily attributed to the delayed start dates of the Zumba Evening and Restorative Yoga programs.
Additionally, the decrease is partly due to the Eggstravaganza event, which was scheduled in the second quarter of 2025 instead of the first quarter, as in 2024.
Staff also made the strategic decision to postpone select programs, including Wine and Canvas and the Lagunitas Brewing and Golden Gate Taproom trip, to allow additional time for targeted marketing efforts. These postponements aim to increase community awareness and boost participation in future offerings.
During this quarter, staff hosted the town's first 5K—Ghost Run, a family-friendly event for all abilities and ages, in partnership with Cypress Memorial Lawn and the Colma Police
Staff Report - Recreation Quarterly Review, January- March 2025
Department. This event was well-received and contributed to increased community engagement.
Staff estimate that 31% of the population held a current Colma I.D.
Facility rental activity totaled 57 reservations, representing a slight decrease of one rental compared to the first quarter of 2024.
Staff continue to refine and enhance marketing strategies to support increased participation in recreation programs and community events.
Sustainability Impact
Staff coordinates and implements programs and activities that align with the Town’s Climate Action Plan and Sustainability Policy. For example, at events including the Senior Luncheon, cups, plates, forks, knives, and spoons are made from recyclable and/or compostable materials.
CONCLUSION
Staff recommends that City Council adopt the motion to accept informational report on Recreation Department program, activities, events and trips for the first quarter of 2025.
ATTACHMENTS
A. 2025 Recreation Service Department Quarterly Review – Participation Detail
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Recreation Services Department Quarterly Review
January - March 2025
Participation Detail
Adult/Senior Enrichment Programs
Program Registered Sessions New or Existing
Program
Adult Cooking Class 16 2 Existing
Arm Chair Travel 12 1 Existing
Boot Camp Fitness 5 1 Existing
Breakfast and Bingo 39 1 Existing
Friday Films 11 1 Existing
Ladies Social 30 1 Existing
Mixtiso Happy Chair Yoga 5 1 Existing
Restorative Yoga 11 1 Existing
The Art of Memory – Journaling &
Scrapbooking Club
15 2 NEW
Zumba - Evening 8 1 Existing
Zumba Gold 13 1 Existing
Zumba Toning 13 2 Existing
Adult & Se
nior Trips & Events
Program Registered Sessions New or Existing
Program
Cemetery Tour 14 1 NEW
Ferry Building & Farmers Market 18 1 NEW
Meet Up at the Movies 12 1 NEW
Senior Luncheon 61 3 Existing
Youth & Teen Enrichment Programs
Program Registered Sessions New or Existing
Program
Duo Dance – Combo Any Level 0 2 Existing
Duo Dance – Intro to Latin 0 2 Existing
Duo Dance – Lyrical 0 2 Existing
Duo Dance – Pop Tots 0 2 Existing
Duo Dance – Pop Tweens 0 2 Existing
Duo Dance – Ballet 1 2 Existing
Kid’s Club After School Program 55 6 Existing
Kumon Math Tutoring 12 3 Existing
Kumon Reading Tutoring 15 3 Existing
Legacy Martial Arts 0 3 NEW
Presidents Week Camp - Afternoon
Care
32 1 Existing
Presidents Week Camp – Early
Morning Care
35 1 Existing
Presidents Week Camp 14 1 Existing
Winter Camp – Session 2 22 1 Existing
Youth Cooking Class 18 2 Existing
ATTACHMENT A
2 Youth and
Teen Events & Trips
Program Registered Sessions New or Existing
Program
Dessert and Arts & Crafts 2 1 Existing
Ice Skating (Teen Trip) Cancelled 1 Existing
Open Teen Center 9 2 Existing
Parents Night Out 38 3 Existing
Teen Hang Out - Trips 7 3 NEW
Teen Hang Out Workshops 11 2 NEW
Tiny Tot Read Across America Cancelled 4 NEW
Comm
unity Programs
Program Registered Sessions New or Existing
Program
Colma Cab Connect 3 1 Existing
Family Bingo Night 18 1 NEW
Food Pantry Delivery Program 113 2 Existing
Ghost Run 160 1 NEW
Pickle Ball 9 2 Existing
Staff Report – 2024-2025 Slurry Seal Project – Bid Package Approval Page 1 of 3
STAFF REPORT
TO: Mayo
r and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning Abdulkader Hashem, Principal Project Manager
VIA: Dan Barros, City Manager
MEETING DATE: April 23, 2025
SUBJECT: 2024-2025 Slurry Seal Project – Bid Package Approval
RECOMMENDATION
Staf
f recommends that the City Council adopt the following:
MOTION APPROVING BID DOCUMENT PACKAGE AND AUTHORIZING STAFF TO SOLICIT FORMAL BIDS FOR THE 2024-2025 SLURRY SEAL PROJECT AND AUTHORIZING THE CITY
MANAGER TO APPROVE CHANGES TO THE PLAN DOCUMENTS AS NEEDED OR REQUIRED
COUNCIL ADOPTED VALUES
The adoption of the resolution is consistent with the City Council’s value of being responsible , staying committed to their strategic plan and goals, ultimately providing safe and high-quality roadways for residents and the public.
BACKG
ROUND
The Town owns approximately 9.9 centerline miles of local streets and roadways and is responsible for safety and functional condition of the roadway system.
The Public Works Department undertakes preventive maintenance of the roadway system through street pavement rehabilitation programs. These programs are designed to address minor pavement deterioration, retard progressive failures, and improve the functional condition of the system by providing a more uniform pavement surface. These programs will lower the long-term maintenance costs by extending the pavement’s service life and minimizing the necessity for expensive reconstruction.
Based on the Pavement Management Technical Assistance Program, Round 25 (P -TAP 25), conducted in September 2024 , the Town’s pavement network is in “Good” condition with an average pavement condition index (PCI) of 84. More than 92.8 percent of the streets are rated “Good” (PCI 70-100), with the remaining 8.2 percent in “Fair” condition (PCI 50-69).
AGENDA ITEM #5
Staff Report – 2024-2025 Slurry Seal Project – Bid Package Approval Page 2 of 3
ANALYSIS
The 2024 -2025 Slurry Seal Project will rehabilitate damaged pavement sections and provide preventative maintenance on Colma Boulevard (from El Camino Real to Junipero Serra Boulevard), and Serramonte Boulevard East (from El Camino Real to Hillside Boulevard). This will include applying Type II slurry seal, performing necessary base repairs (dig -outs), and crack sealing along both roadways to prevent water intrusion into the roadway, replacing signal loop detectors, and installing thermoplastic traffic striping, street legends, and pavement markers on both roadways. Additionally, the project will include base repairs (dig -outs) for some areas of the Junipero Serra Boulevard and Hillside Boulevard that need full reconstruction down to sub - grade and base mater ial. Selection of these project sites was based on the low Pavement Condition Index (PCI) and maintenance history of the roadway.
Alternate Bid “A” has been considered in this project for the potential of install ing a Vantage Vector Hybrid Camera Detection system at Colma Boulevard -Junipero Serra Boulevard intersection, in lieu of replacing the signal loop detectors.
Detailed Description of the Project/Bid
Staff prepared the bid package and estimates in- house. The project will be publicly bid and advertised in accordance with the Public Contract Code. It will be also published on the Town's website.
The proposed tentative project schedule is as follows:
April 24, 2025: Approve the bid package and authorize its release April 28, 2025:
May 20, 2025
Advertise Project
Bid Submission Date
May 28, 2025: Award Construction Contract
Mid-June 2025:
Mid-July 2025:
Start of Construction
End of Construction
FISCAL IMPACT
Approval of the Bid Package carries no current fiscal impact. The estimated project cost is $243,000 according to the Engineer's Estimate, plus 10% contingency ($24,300) for a total of $267,300. At the time of the contract award, staff will request from the City Council a CIP budget amendment incorporating all project costs including construction contingencies and construction management.
ENVIRONMENTAL
The City Council’s action in adopting the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 Class 1 Staff Report – 2024-2025 Slurry Seal Project – Bid Package Approval Page 3 of 3 ( c ), Existing Facilities - highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road work for the purpose of public safety, and other similar alterations that do not create additional automobile lanes).
ALTERNATIVES
The City Council could choose to postpone the project to a later date. Doing so is not recommended as further pavement deterioration could take place, which could significantly limit the Town’s capacity to improve existing pavement conditions (PCI) and deliver safe, well- maintained roadways for residents and the public.
ATTACHMENTS
A. Bid Package
I
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25977.00130\42985248.1
TOWN OF COLMA
COLMA, CALIFORNIA
CONTRACT
SPECIFICATIONS AND SPECIAL PROVISIONS
FY 2024-2025 SLURRY SEAL PROJECT
Bid Release Date: Monday, April 28, 2025
Bid Due Date: Tuesday, May 20, 2025, 2:00 P.M.
ATTACHMENT A
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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. California air resources board complaince ................................ .................. 11 ARTICLE 13. IRAN CONTRACTING ACT OF 2010 ................................ ......................... 11 ARTICLE 14. NONCOLLUSION DECLARATION ................................ ............................. 11 ARTICLE 15. PUBLIC WORKS CONTRACTOR REGISTRATION
CERTIFICATION ................................ ................................ ................................ ..... 11 ARTICLE 16. BIDDER INFORMATION AND EXPERIENCE FORM ................................ . 11 ARTICLE 17. WORKERS' COMPENSATION CERTIFICATION ................................ ....... 12 ARTICLE 18. SIGNING OF BIDS ................................ ................................ ..................... 12 ARTICLE 19. SUBMISSION OF SEALED BIDS ................................ ............................... 12 ARTICLE 20. OPENING OF BIDS ................................ ................................ .................... 13 ARTICLE 21. WITHDRAWAL OF BID ................................ ................................ ............... 13 ARTICLE 22. BIDDERS INTERESTED IN MORE THAN ONE BID ................................ .. 13 ARTICLE 23. SUBSTITUTION OF SECURITY ................................ ................................ . 13 ARTICLE 24. PREVAILING WAGES ................................ ................................ ................ 14 ARTICLE 25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 14 ARTICLE 26. INSURANCE REQUIREMENTS ................................ ................................ . 14 ARTICLE 27. PERFORMANCE BOND AND PAYMENT BOND
REQUIREMENTS ................................ ................................ ................................ .... 14 ARTICLE 28. SALES AND OTHER APPLICABLE TAXES, PERMITS,
LICENSES AND FEES ................................ ................................ ............................ 14 ARTICLE 29. PERMIT AND INSPECTION FEE ALLOWANCE ................................ ........ 14 ARTICLE 30. FILING OF BID PROTESTS ................................ ................................ ....... 15 ---
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ARTICLE 31. BASIS OF AWARD; BALANCED BID ................................ ......................... 15 ARTICLE 32. AWARD PROCESS ................................ ................................ .................... 15 ARTICLE 33. EXECUTION OF CONTRACT ................................ ................................ .... 16 ARTICLE 34. QUESTIONS ................................ ................................ ............................... 16 00 41 43 – BID FORMS ................................ ................................ ................................ ............ 17 ARTICLE 1. INFORMATION ABOUT BIDDER ................................ ................................ . 29 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) ................................ .............. 32 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ....................... 33 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS
QUESTIONNAIRE ................................ ................................ ................................ ... 34 ARTICLE 5. VERIFICATION AND EXECUTION ................................ ............................... 35 00 52 13 – CONTRACT ................................ ................................ ................................ ............ 41 00 61 13 – BOND FORMS ................................ ................................ ................................ ........ 45 00 72 13 – GENERAL CONDITIONS ................................ ................................ ........................ 54 ARTICLE 1. DEFINED TERMS ................................ ................................ ........................ 54 ARTICLE 2. CONTRACT DOCUMENTS ................................ ................................ .......... 58 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION
COMMUNICATION ................................ ................................ ................................ .. 58 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................ 59 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ................................ ................................ ................................ ............... 59 ARTICLE 6. MOBILIZATION ................................ ................................ ............................ 59 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ................................ ........ 60 ARTICLE 8. SOILS INVESTIGATIONS ................................ ................................ ............ 61 ARTICLE 9. CONTRACTOR’S SUPERVISION ................................ ................................ 62 ARTICLE 10. WORKERS ................................ ................................ ................................ . 62 ARTICLE 11. INDEPENDENT CONTRACTORS ................................ .............................. 62 ARTICLE 12. SUBCONTRACTS ................................ ................................ ...................... 62 ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ................................ ...... 63 ARTICLE 14. REQUESTS FOR SUBSTITUTION ................................ ............................. 63 ARTICLE 15. SHOP DRAWINGS ................................ ................................ ..................... 64 ARTICLE 16. SUBMITTALS ................................ ................................ ............................. 65 ARTICLE 17. MATERIALS ................................ ................................ ............................... 65 ARTICLE 18. PERMITS AND LICENSES ................................ ................................ ......... 66 ARTICLE 19. TRENCHES ................................ ................................ ................................ 66 ---
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ARTICLE 20. TRAFFIC CONTROL ................................ ................................ .................. 67 ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ............................... 68 ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS ................................ ................ 68 ARTICLE 23. SANITARY FACILITIES ................................ ................................ .............. 68 ARTICLE 24. AIR POLLUTION CONTROL ................................ ................................ ...... 68 ARTICLE 25. LAYOUT AND FIELD ENGINEERING ................................ ........................ 69 ARTICLE 26. TESTS AND INSPECTIONS ................................ ................................ ....... 69 ARTICLE 27. PROTECTION OF WORK AND PROPERTY ................................ .............. 70 ARTICLE 28. CONTRACTOR’S MEANS AND METHODS ................................ ............... 70 ARTICLE 29. AUTHORIZED REPRESENTATIVES ................................ ......................... 70 ARTICLE 30. HOURS OF WORK ................................ ................................ ..................... 70 ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE ................................ .......... 71 ARTICLE 32. PREVAILING RATES OF WAGES ................................ ............................. 73 ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ................................ ... 73 ARTICLE 34. EMPLOYMENT OF APPRENTICES ................................ ........................... 74 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 74 ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 75 ARTICLE 37. LABOR/EMPLOYMENT SAFETY ................................ ............................... 75 ARTICLE 38. INSURANCE ................................ ................................ ............................... 75 ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 79 ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ......................... 80 ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES ................................ .. 81 ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT ................................ ................ 81 ARTICLE 43. SECURITIES FOR MONEY WITHHELD................................ ..................... 83 ARTICLE 44. CHANGES AND EXTRA WORK. ................................ ................................ 83 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 ---
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ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ................................ ........................ 109 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 EXHIBIT “A” CHANGE ORDER FORM
EXHIBIT "B" RELEASE FORMS
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00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the Town of Colma (“Town”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Tuesday, May 20, 2025 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 the FY 2024-2025 SLURRY SEAL PROJECT (the “Project”). At said time, Bids will be publicly opened and read aloud at Colma Town Hall, located at 1198 El Camino Real, Colma, CA 94014. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.
The Project involves Slurry Seal approximately 25,000 square yards of roadway surface on Colma Boulevard between El Camino Real and Junipero Serra Boulevard, and Serramonte Boulevard East between El Camino Real and Hillside Boulevard in the Town of Colma (refer to Site Exhibits in Appendix A). The scope of work consists of furnishing all equipment, labor, and materials necessary to perform 6 -inch digouts, crack sealing, slurry seal, replacement of pavement markings and striping, utility adjustments, installation of signal loop detectors or Vantage Vector Hybrid Camera Detection and all associated work.
The project is expected to begin in June 2025 and be completed within 20 Working Days.
If Alternate “A” Bid is accepted by the Town, an additional 5 Working Days will be allowed.
Bids must be submitted on the Town’s Bid Forms. Bidders may obtain a copy of the Contract Documents from the Town of Colma’s Webpage at: https://www.colma.ca.gov/rfp-and- bids/, 1198 El Camino Real, Colma, CA 94014, Phone (650)757-8888. 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 https://www.colma.ca.gov/rfp-and-bids/. It is the responsibility of each prospective bidder to check https://www.colma.ca.gov/rfp-and-bids/ 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 The Town of Colma’s Web site https://www.colma.ca.gov/rfp-and-bids/ may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by: https://www.colma.ca.gov/rfp-and-bids/ 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 five (5) working days after the Town provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bond s and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with Town.
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A NON-MANDATORY Pre-Bid Conference is scheduled for Thursday, May 8, 2025 at 2:00 p .m. to review the Project's existing conditions at Colma Town Hall, located at 1198 El Camino Real, Colma, CA 94014. 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.
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 sec ured 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 performance 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 Industrial 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 Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following 25977.00130\42985248.1
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classification(s) throughout the time it submits its Bid and for the duration of the contract: Class A License.
The California Air Resources Board (“CARB”) implemented amendments to the In -Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which went into effect on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requ irements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.
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.
The use of term “Revocable” used in bid items, implies the bid item may be increased or decreased from work at the option of the Town. The Town reserves the right to make such alterations, deviations, additions to, or omissions from the plans and specifica tions, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated, without adjustment in the unit price as bid.
Town shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the Town from the BASE BID ALONE. Town reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact Abdulkader Hashem, Principal Project Manager, Public Works Department, at [email protected] or (650)757-8888, no later than May 12, 2025.
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 the Town of Colma’s Website at: https://www.colma.ca.gov/rfp-and-bids/ as specified 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 on https://www.colma.ca.gov/rfp-and-bids/. 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 Bidder may fully understand the work, includ ing but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder 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 in 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 Bidder 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 Bidder from any obligat ion with respect to its Bid o r 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 prospective 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 Bidder 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 omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the Town.
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ARTICLE 4. PRE-BID CONFERENCE
A non-mandatory Pre-Bid Conference is scheduled for Thursday, May 8, 2025 at 2:00 p .m. to review the Project's existing conditions at 1198 El Camino Real, Colma, CA 94014 .
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.
ARTICLE 5. ADDENDA
The Town reserves the right to revise the Contract Documents prior to the Bid opening date.
Revisions, if any, shall be made by written Addenda. All Addenda issued by the Town shall be included in the Bid 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 Bids, the Town will extend the deadline for submission of Bids. The Town may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder 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 items. The Town may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. 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 BLACK 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 materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate t he portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.
ARTICLE 10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the Town shall consider any bid submitted by a contractor not currently licensed in accordance with state law and 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, if 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.
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ARTICLE 12. CALIFORNIA AIR RESOURCES BOARD COMPLAINCE
The Town is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submi t, with their Bids, valid CRCs for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failur e to complete the Fleet Compliance Certification, may render the Bid non-responsive.
ARTICLE 13. 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 Sec tion 2203 as a person engaging in investment activities in I ran 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 14. 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 15. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid w ill 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, attes ting 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 16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The Town reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract. 25977.00130\42985248.1
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ARTICLE 17. 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 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 18. SIGNING OF BIDS
All Bids submitted shall be executed by the 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 19. 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 Engi neering 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 FY 2024-2025 Slurry Seal Project
Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. Town may reject any bid not strictly complying with Town’s designated methods for delivery. 25977.00130\42985248.1
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ARTICLE 20. 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.
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 informality or irregularity in any Bid.
ARTICLE 21. 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. Wit hdrawn 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 22. 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 23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Town will retain a percentage of each progress payment as provided by the Contract Documents . At the request and expense of the successful Bidder, the Town will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
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ARTICLE 24. 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 a vailable 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).
ARTICLE 25. 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 26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.
ARTICLE 27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets al l State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of Town, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Town within ten (10) working days from the date the Town provides the successful bidder with the Notice of Award.
ARTICLE 28. 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 29. 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 e liminate 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 25977.00130\42985248.1
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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.
ARTICLE 30. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the Town’s FY 2024-2025 Slurry Seal Project. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific Town staff determination or recommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, the Town may reject the protest without further review.
If the protest is timely and complies with the above requirements, the Town’s FY 2024-2025 Slurry Seal Project, or other designated Town staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The FY 2 024-2025 Slurry Seal Project 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 31. 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 Total Bid Price.
The Town may reject any Bid which, in its opinion when compared to other Bids received or to the Town’s internal estimates, does not accurately reflect the cost to perform the Work. The Town may reject as non -responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.
ARTICLE 32. 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 Bidder 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 25977.00130\42985248.1
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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 33. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Town may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.
ARTICLE 34. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to Abdulkader Hashem, Principal Project Manager, Public Works Department, email at [email protected] or (650) 757-8888, no later than May 12, 2025. No other members of the Town’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the Town.
The Town may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.
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00 41 43 – BID FORMS
1.1 Bid.
Bids will be received at the Town of Colma, 1198 El Camino Real, Colma, CA 94014 , until 2:00 p.m. on Tuesday, May 20, 2025.
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:
FY 2024-2025 SLURRY SEAL 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 Drawin gs, and these Specifications for TOTAL BID PRICE indicated herein.
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
Addenda No. ________________________________________________
1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
2. Attached is the completed Designation of Subcontractors form.
3. Attached is the fully executed Non-collusion Declaration form.
4. Attached is the completed Fleet Compliance Certification.
5. Attached is the completed Iran Contracting Act Certification form.
6. Attached is the completed Public Works Contractor Registration Certification form.
7. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.
8. Attached is the completed Bidder Information and Experience form.
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A. BID SCHEDULE
BASE BID SCHEDULE
ITEM
NO. ITEM DESCRIPTION UNIT OF
MEASURE
ESTIMATED
QUANTITY
UNIT
PRICE ITEM COST
1 Mobilization LS 1 $ $
2 Traffic Control and Notification LS 1 $ $
3 Water Pollution Control LS 1 $ $
4 6-inch Digout Repairs (Remove
and replace 6” AC) SF 8,300 $ $
5 Crack Sealing SY 25,000 $ $
6 Type II Slurry Seal with Black
Aggregates SY 25,000 $ $
7 Install 6” Double Yellow
Centerline per CALTRANS Detail
22 (Extruded Thermoplastic)
LF 5,015 $ $
8 Install White Lane Line per
CALTRANS Detail 9 (Extruded
Thermoplastic)
LF 9,000 $ $
9 Install 8” White Channelizing
Line per CALTRANS Detail 38A
(Extruded Thermoplastic)
LF 1,537 $ $
10 Install Type VI (L) Arrow
(Extruded Thermoplastic EA 16 $ $
11 Install Type VI (R) Arrow
(Extruded Thermoplastic EA 17 $ $
12 Install Type I Arrow Straight
(Extruded Thermoplastic) EA 5 $ $
13 Install Type VII (L) Arrow (27SF) EA 5 $ $
14 Install 12” STOP BAR LF 40 $ $
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15 Install 12” Crosswalk (Basic and
Ladder) SF 1,270 $ $
16 Install “STOP” Legend EA 4 $ $
17 Install “AHEAD” Legend EA 2 $ $
18 Install “25” Legend EA 6 $ $
19 Two-Way Reflective Blue
Pavement Markers EA 15 $ $
20 Surface Utility Adjustments
Manhole (Revocable) EA 2 $ $
21 Surface Utility Adjustments
Water Valve or Monument
Casing (Revocable)
EA 5 $ $
22 Install Signal Loop Detectors
(Revocable) EA 20 $ $
23 Install Detector Handholes EA 1 $ $
TOTAL OF BASE BID ITEMS (1-23): $
TOTAL OF BASE BID AMOUNT IN WORDS:
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 estimated quantity for the item and the price 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. 25977.00130\42985248.1
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The estimated quantities for Unit Price 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.
B. TOTAL BID PRICE:
TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR FY 2024-2025 SLURRY SEAL 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.
ALTERNATE BID SCHEDULE
ADD ALTERNATE “A” BID SCHEDULE
ITEM
NO. ITEM DESCRIPTION UNIT OF
MEASURE
ESTIMATED
QUANTITY
UNIT
PRICE ITEM COST
1A Install Vantage Vector
Hybrid Camera Detection EA 3 $ $
TOTAL OF ALTERNATE “A” BID ITEMS (1A): $
TOTAL OF ALTERNATE “A” BID AMOUNT IN WORDS:
If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to the Total Bid Price entered above, 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 Base Bid Price for the Work. The Town can award/select Alternate Bid items at any time(s). 25977.00130\42985248.1
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ALTERNATE
BIDS
BID PRICE
(IN WRITTEN FORM)
BID PRICE
(IN NUMBERS)
ADD ALTERNATE #1
The undersigned agrees that this Bid Form constitutes a firm offer to the Town which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the Town and a third party, whichever is earlier.
The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the Town provides the successful bidder with the Notice of Award.
Upon receipt of the signed contract and other required documents, the contract will be executed by the Town, after which the Town will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.
The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.
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 Work 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 _______________________________. 25977.00130\42985248.1
APRIL 2025
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Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) 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 Strength Rating of not less than “A -” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Gu ide. 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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-23- 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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APRIL 2025
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1.2 Bid Bond
[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the Town of Colma, hereinafter called the Town, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to Town for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for FY 2024-2025 Slurry Seal 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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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
appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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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25977.00130\42985248.1
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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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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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1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the Calif ornia contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labo r or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one -half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the w ork 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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APRIL 2025
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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
25977.00130\42985248.1
APRIL 2025
-29- 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 under 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: ________________________________ 25977.00130\42985248.1
APRIL 2025
-30- 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:
___________________________________________________________ ___________________________________________________________ 25977.00130\42985248.1
APRIL 2025
-31- 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]
25977.00130\42985248.1
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-32- 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
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APRIL 2025
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ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.
Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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APRIL 2025
-34- 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 Occurring 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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-35- 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
25977.00130\42985248.1
APRIL 2025
-36- 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 Bid is genuine and not collusive or sham.
The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder 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 Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organi zation, 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 ___________________ [Town], ___________________ [state].
Name of Bidder
Signature
Name
Title
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-37- 00 41 43 – BID FORMS
1.6 Fleet Compliance Certification
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18).
Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
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April 2025
FY 2024-25 Surry Seal Project
-38- 00 41 43 – BID FORMS
1.7 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 Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
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April 2025
FY 2024-25 Surry Seal Project
-39- 00 41 43 – BID FORMS
1.8 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.” 25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-40- 00 41 43 – BID FORMS
1.9 Contractor’s Certificate Regarding Workers’ Compensation.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated ______________________________
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-41- 00 52 13 – CONTRACT
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between Town of Colma, sometimes hereinafter called “ Town,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
FY 2024-2025 SLURRY SEAL 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 20 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 ____________________________________________________________________ Do llars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Town may deduct that amount from any money due or that may become due the Contractor under the Contra ct. 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
Information Required of Bidders
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-42- 00 52 13 – CONTRACT
Non-Collusion Declaration Form
Fleet Compliance Certification
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 regu lations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Town’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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April 2025
FY 2024-25 Surry Seal Project
-43- 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
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-44- 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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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
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25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-45- 00 61 13 – BOND FORMS
00 61 13 – BOND FORMS
1.1 Performance Bond.
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Town of Colma, (hereinafter referred to as “ Town”) has awarded to _________________________, (hereinafter referred to as the “C ontractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, __ ____________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Town in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, 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 loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Town’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
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April 2025
FY 2024-25 Surry Seal Project
-46- 00 61 13 – BOND FORMS
Whenever Contractor shall be, and is declared by the Town to be, in default under the C ontract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the Town’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the 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 p rice” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously 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 S urety 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]
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-47- 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)
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-48- 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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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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April 2025
FY 2024-25 Surry Seal Project
-49- 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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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
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25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-50- 00 61 13 – BOND FORMS
1.2 Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Town of Colma (hereinafter designated as the “ Town”), by action taken or a resolution passed ___________________ , 20_ ____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Town in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which 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, i ncluding reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent 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 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 re cover on the bond and that 25977.00130\42985248.1
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-51- 00 61 13 – BOND FORMS
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
25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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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25977.00130\42985248.1
April 2025
FY 2024-25 Surry Seal Project
-53- 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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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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FY 2024-25 Surry Seal Project
-54- 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 include references to identified articles and paragraphs, and the titles of other documents or forms.
A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.
B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.
C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Town’s Representative determines that it is not covered by the Contract.
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the Town.
G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.
H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor -claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).
I. Town -- The Town of Colma.
J. Town’s Representative -- The individual or entity as identified in the Special Conditions to act as the Town’s Representative.
K. Claim -- A demand or assertion by the Town or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
L. Contract -- The entire integrated written agreement between the Town and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the 25977.00130\42985248.1
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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 unsatisfactory, 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 character 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 City Engineer 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 concerning the acceptance of materials, machinery, the classifications of material, the execution 25977.00130\42985248.1
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-56- 00 72 13 – GENERAL CONDITIONS
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 Specification s for Public Works Construction.
AA. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
BB. Holiday – The Holidays occur on:
New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.
CC. Notice of Award -- The written notice by the Town to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the Town will sign and deliver the Contract.
DD. Notice of Completion -- The form which may be executed by the Town and recorded by the county where the Project is located constituting final acceptance of the Project.
EE. Notice to Proceed -- A written notice given by the Town to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.
FF. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
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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 electri Town, 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 use 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 Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce 25977.00130\42985248.1
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such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.
B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders
2. Addenda
3. Special Conditions
4. Technical Specifications
5. Plans (Contract Drawings)
6. Contract
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor’s Bid Forms
11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded)
12. Applicable Local Agency Standards and Specifications
13. Standard Drawings
14. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.
D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.
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 for 25977.00130\42985248.1
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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, recei ve information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.
ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, 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, inconsistency, 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 attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid ite m is 25977.00130\42985248.1
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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 facilities as specified per Cal- OSHA and these Contract Documents.
8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
9. Arranging for and erection of Contractor’s work and storage yard.
10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA.
11. Full-time presence of Contractor’s superintendent at the job site as required herein.
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. 25977.00130\42985248.1
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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 excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the Town, and obtain an inquiry identification number from that 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 interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” 25977.00130\42985248.1
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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 Document s shall create any contractual relationship between any subcontractor and the Town. 25977.00130\42985248.1
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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 o f substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the Town, the Contractor shall provide the material, method or service specified herein. The Town shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole 25977.00130\42985248.1
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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 subm ittals 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 shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be 25977.00130\42985248.1
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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 shop 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 Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 17. MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
C. Materials shall be furnished in ample quan tities and at such times as to e nsure 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 Work and agrees upon completion of all work to deliver the Project, to the Town free from any claims, liens, or charges.
E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the Town or any independent contractor. 25977.00130\42985248.1
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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, elevati ons and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.
ARTICLE 18. PERMITS AND LICENSES
A. Town will apply and pay for the review of necessary encroachment permits for Work within the public rights-of-way. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety.
Before acceptance of the Project, the Contractor shall submit all licenses, permit s, 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 pla n shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and prov ide daily trenching/excavation inspection reports to the Engineer.
Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall 25977.00130\42985248.1
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promptly, and before the excavation is further disturbed, notify the Town in writing of any of the following conditions:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract
The Town shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the Town and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the 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 Work 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 control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of 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.
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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 written proof of diversion with its monthly progress payment requests.
Contractor shall complete and execute any certification forms required by Town or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the Town in writing. The Town shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the Town and Contractor.
ARTICLE 23. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the Contractor.
ARTICLE 24. AIR POLLUTION CONTROL
Contractor shall comply with all 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.
Contractor shall additionally comply, and shall ensure all subcontractors comply, with all 25977.00130\42985248.1
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applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certi ficates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Town.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contrac tor shall defend, indemnify and hold harmless 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 alleged failure to comply with the Regulation.
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 Work is done or covered up without the required testing or approval , the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor ’s cost in compliance with the Contract Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the Town, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the Town so that the Town may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 25977.00130\42985248.1
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E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the Town, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by the Town. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the Town shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the Town. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, wit hout 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 failure 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 25977.00130\42985248.1
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Work or upon any part 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 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 Contr act. The record shall be kept open at all reasonable hours to the inspection of the Town and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.
C. The Contractor shall pay to the Town a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be 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 Town/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. 25977.00130\42985248.1
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Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
B. In 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 Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the Town, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or 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 Con tractor 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. Shou ld noncompliance still be evident after such 10 -day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the Town for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the 25977.00130\42985248.1
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Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.
H. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 32. PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the Town’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or int erest 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 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 sect ions 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration 25977.00130\42985248.1
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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.
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, menta l 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 e mployment 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 employe e 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 t he Contract.
Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the Town or its representatives for inspection and copy at any time during normal business hours. The Town shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.
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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 omission concerning compliance with such req uirements; 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 perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the Town. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
ARTICLE 37. LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in 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.
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.
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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 insur ance 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 employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such e mployees 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 prot ecting workers. Company or companies providing insurance coverage shall be acceptable to the Town, if in the form and coverage as set forth in the Contract Documents.
C. Employer’s Liability Insurance . Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide Town with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waive r 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 25977.00130\42985248.1
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39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
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 insu red endorsement described in the Contract Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance . 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 right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
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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.
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 pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.
H. Contractor shall require all tiers of sub -contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by Town. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify 25977.00130\42985248.1
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and hold the Town harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the Town as a result thereof.
ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless 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 “f ollow form” endorsement satisfactory to the Town indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Town, its officials, officers, agents, employees, and volunteers.
C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the Town prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the Town may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the Town receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the Town has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all 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 the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the Town’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
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F. Contractor shall report to the Town, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.
ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the Town’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The Town is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the Town’s receipt or acceptance of the Contractor’s proposed earlier completion date.
Furthermore, Contrac tor 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 the Work is not completed as stated in the Contract Documents, it is understood that the Town will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the Town as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers).
Contractor shall within five (5) Days of identifying any such delay notify the Town in writing of causes of delay. The Town shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract compl etion date.
D. No Damages for Reasonable Delay. The Town’s liability to Contractor for delays for which the Town is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the Town be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable Town delay, including delays caused by items that are the responsibility of the Town pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
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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 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.
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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 subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the Town shall be deemed the agent of Contractor and any payment so made by the Town shall be considered as a payment made under contract by the Town to Contractor and the Town shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The Town will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.
D. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The Town shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132 and in the form attached as Exhibit “B” to the Contract Documents. The number of days available to the Town to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.
E. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the Town.
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ARTICLE 43. SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the Town to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the Town to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Town or with a state or federally chartered bank as the escrow agent who shall return such 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, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Con tract 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 parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time.
All claims for additional compensation to the Contractor shall be presented in writing. No claim will be c onsidered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.
3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.
4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits 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
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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 documentation 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 Work 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 completion o f the added/deleted work, the Contractor presents written proof that the Town’s estimate was in error.
2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item varies from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. b. No Mark up for Overhead and Profit . Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders. c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
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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 which may result in an adjustment to the Contract Unit Prices. Such an a djustment 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 within seven (7) Days will result in Town’s issuance of a unit quantity adj ustment 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. Contractor shall incorporate the provisions of this Section into all agreements with Subcontractors. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be according to the following:
a. Overview. The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the Additional Work and/or the work to be deleted.
This proposal will be itemized for the various components of the Additional Work and segregated by labor, material, and equipment in a detailed format satisfactory to the Town. The Town will require itemized change orders on all change order proposals from the Contractor, subcontractors, and sub - subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take -offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable).
b. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining 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.
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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 annua l 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 of cost are not furnished within fifteen (15) Days of delivery, then the Town shall determine the materials cost, at its sole discretion. Estimated material change order costs shall reflect 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 mat erial credits, and/or volume rebates. “Cash” discounts (i.e., prompt payment discounts of 2% or less ) available on material purchased for change order work shall be credited to the Town if the Contractor is provided the Town funds in time for Contractor to take advantage of any such “cash” discounts. The portion of any “cash” discounts greater than 2% will not be considered “non-cash” discount for purposes of this provision. Price quotations from material suppliers must be itemized with unit prices for each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail.
e. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Allowable change order estimated costs may include appropriate amount s 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 25977.00130\42985248.1
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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 r ate 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 Allowable on Self -Performed Work . With respect to pricing change orders, the maximum markup percentage to be paid to any Contractor or subcontractor (regardless of tier) on self -performed work shall be a single markup percentage not-to-exceed fifteen percent (15%) of the net direct cost of (1) direct labor and allowable labor burden costs applicable to the change in the Work; (2) the net cost of material and installed equipment incorporated into the change in the Work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field o verhead costs related to processing, supervising and performing, the change order work, and the remaining 1/3 to cover home office overhead costs and profit
g. Maximum Markup Percentages Allowable on Work Performed by Lower Tier Subcontractors. With respect to pricing the portion of change order proposals involving Work performed by lower tier contractors, the maximum markup percentage allowable to the Contractor or subcontractor supervising the lower tier subcontractor's work shall not exceed five percent (5%) of the net of all approved change order work performed by all subcontractors combined for any particular change order 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, project management, superintendents, general foremen, estimating, engineering, coordinating, exped iting, purchasing, detailing, legal, accounting, data processing or other administrative expenses, shop drawings, permits, auto insurance and umbrella insurance, pick-up truck costs, and warranty expense costs. The cost for the use of small tools is also 25977.00130\42985248.1
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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 p remium costs associated with change orders to Contractor's base Contract Price.
4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in 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 servic es. Each T&M Daily Summary 25977.00130\42985248.1
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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 of Town approved Additional Work.
Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for h ealth 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 lab or surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project s ite in the quantities involved, plus the cost of sales tax, freight, delivery, and storage.
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i. Trade discounts available to the purchaser shall be credited to the Town notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Town’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the Town’s Representative, the cost of materials is excessive, or Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The Town reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by Contractor for costs of such materials or Indirect Costs or profit on Town furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project site 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.
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ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the Town for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the Town’s Representative.
Contractor may furnish cost data which might assist the Town’s Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of 173 hours per month.
(b) For Contractor-owned equipment, the rental time to be paid for equipment on the Site shall be the time the equipment is in productive operation, unless, in the instance of standby time, the equipment could be actively used by Contractor on another project, then Town shall pay for the entirety of the time the equipment is on Site. It shall be Contractor’s burden to demonstrate to the Town that the equipment could be actively used on another project. iv. All equipment shall, in the opinion of the Town’s Representative, be in good working condition and suitable for the purpose for which the equipment is to be used.
v. Before construction equipment is used on the Additional Work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Town’s Representative, in duplicate, a description of the equipment and its identifying number and the scheduled Additional Work activities planned.
vi. Unless otherwise specified, manufacturer’s rating and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry.
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i. Invoices for Special Services . When the Town’s Representative and Contractor determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the Town’s Representative.
ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the Town determines, in its sole discretion, that competitive bidding is necessary for certain special services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs . The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost . Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work; ii. Office Expenses. Expenses of Contractor’s principal and branch offices; iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
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vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
viii. Anticipated Lost Profits . Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
ix. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of 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 Contractor and subcontractors at cost only, without mark -up. Contractor shall provide Town with documentation of the costs, including, but not limited to, payroll records, invoices , and such other information as Town may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by Town exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
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for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home 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 record of the cost to the Contractor, signed by such vendor or supplier.
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 herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multipliTown of changes and/or clarifications. The Contractor may not change or modify the Town’s change order form in an attempt to reserve additional rights.
10. If the Town disagrees with the proposal submitted by Contractor, it will notify the Contractor and the Town will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the Town, a Change Order will be issued by the Town. If no agreement can be reached, the Town shall have the right to issue a unilateral Change 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 Change 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. 25977.00130\42985248.1
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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. 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.
5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the Town or the Contractor. b. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and Town will not compensate Contractor, for delays which impact early completion.
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. 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, abnormal weather conditions (as determined 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 delay s. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
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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 utilities. Requests for extensions of time arising out of utility relocat ion 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 or 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 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 ma y 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 impact 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 established 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) 25977.00130\42985248.1
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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 for 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 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 percentage 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 return 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, final or otherwise, shall operat e 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 25977.00130\42985248.1
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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 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 with the terms of the subcontract.
ARTICLE 46. OCCUPANCY
The Town reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities 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, including 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;
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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 faithfully 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.
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 representatives. 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 Article 44, 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 oth er 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 process 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 process 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. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. 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 procedur es 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 govern ed by this Article must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim . The Claim shall be submitted in writing to the 25977.00130\42985248.1
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Town and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing 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:
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.
8. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
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.
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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 subdivision, upon mutual agreement of Town and the Contractor. The Town’s written response to the 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 25977.00130\42985248.1
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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 (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 the 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 third 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 m ore 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 25977.00130\42985248.1
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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 condi tions have been followed 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 file d 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.
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 Contract 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. This 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 termina te upon the expiration of ten (10) calendar days unless such violations have ceased and ar rangements 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 have 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 s aid 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 25977.00130\42985248.1
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reasonably necessary for such completion (A special lien 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.
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 or 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 Termination, 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 they 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 the 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 25977.00130\42985248.1
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the Contract documents to incur, shall: (1) be submitted 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 iden tified 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 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 Work on the Project until such safety or liability issues are addressed to the satisfaction of the Town or the Contract is terminated.
ARTICLE 50. WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work 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 25977.00130\42985248.1
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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 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 warranties 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 and 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 shall 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, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attribut able to Town’s evaluation of and 25977.00130\42985248.1
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determination to accept such Defective Work and for the diminished value of the Work.
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, costs, 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. 25977.00130\42985248.1
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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.
C. In addition to the State Auditor rights above, the Town shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modifi cation in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the Town, for a period of four (4) years after final payment.
ARTICLE 52. SEPARATE CONTRACTS
A. The Town reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.
C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the Town in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.
The Town shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. 25977.00130\42985248.1
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ARTICLE 53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms . Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to Town shall be addressed to the Town as designated in the Notice Inviting Bids unless Town designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the Town shall provide the Contractor with timely notification of the receipt of any third -party claims relating to the Contract. The Town is entitled to recover reasonable costs incurred in providing such notification.
ARTICLE 55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of th e date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regist rar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
ARTICLE 56. INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the Town and Contractor.
ARTICLE 57. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the Town. Any assignment or change of Contractor’s name of legal entity without the written consent of the Town shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents i n favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the Town in order that proper steps may be taken to have the 25977.00130\42985248.1
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change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect Town’s rights under the Contract, including but not limited to the bonds.
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the Town all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professio ns Code ), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the Town tenders final payment to the Contractor, without further acknowledgment by the parties.
ARTICLE 60. PROHIBITED INTERESTS
No Town official or representative who is authorized in such capacity and on behalf of the Town to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
ARTICLE 61. CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.
ARTICLE 62. JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Mateo County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.
ARTICLE 63. LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.
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ARTICLE 64. PATENTS
Contractor shall hold and save the Town, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract.
ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the Town are Town property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the Town on request at completion of the Work.
ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
ARTICLE 67. SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, an d acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.
END OF GENERAL CONDITIONS
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00 73 13 – SPECIAL CONDITIONS
1.1 Engineer of Record.
A. For purposes of this Project, the Engineer of Record or Engineer shall be: Cyrus Kianpour.
1.2 Location of the Project.
A. The Project is located at Colma Blvd, Serramonte Blvd (from El Camino Real to Hillside Blvd), Junipero Serra Blvd, and Hillside Blvd in the Town of Colma, CA.
B. The general location of the Project is shown on Site Exhibits (Appendix A)
1.3 [Not Used.]
1.4 Status of the Project Area and Rights-of-Way.
A. Town, at its expense, will provide all rights -of-way or permits, or both, covering the crossing of private property and public and private rights -of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Union Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.
B. Town has acquired or is negotiating to acquire any rights -of-way, or both, necessary for the permanent Work.
C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.
D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide Town’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work.
The damage releases will be on a form provided by Town.
E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide Town’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by Town.
1.5 Site Data.
A. The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.
B. Subsurface Exploration Data. The following data are included in the Project Manual:
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1. No subsurface exploration investigation performed and no data available.
C. Other Site Data. The following data are available for inspection at Town’s office:
1. [NOT USED]
1.6 Pre-Purchased or Pre-Negotiated Material.
[NOT USED.]
1.7 Designation of Town’s Representative.
A. Unless otherwise modified by Town, Town’s Representative shall be Abdulkader Hashem.
1.8 Modification of Hours of Work.
[NOT USED.]
1.9 Project Retention
In accordance with Public Contract Code § 7201, Town will withhold 5% of each progress payment as retention on the Project.
1.10 Reverse Liquidated Damages Due to Unreasonable Town Delay.
A. In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the Town, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and Town agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of Five Hundred Dollars ( $500) per Day of delay in excess of the time specified for the Completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.
1.11 Liquidated Damages Due to Contractor Delay.
A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, Town will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, Town shall therefore be entitled to One Thousand Dollars ($1,000) per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified. 25977.00130\42985248.1
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B. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent Town, in case of Contractor's default, from terminating the Contractor.
1.12 Utility Outages – Notices to Residents.
A. Should Contractor’s operations require interruption of any utility service, Contractor shall notify Town at least ten (10) Days prior to the scheduled outage. Contractor will notify all impacted residents on a form provided by Town at least seven (7) Days prior to the scheduled outage.
B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.
1.13 Schedule Constraints.
[NOT USED.]
1.14 Noise Restrictions
[NOT USED.]
1.15 Safety Programs.
[NOT USED.]
1.16 Coordination with Other Contractors.
[NOT USED.]
END OF SPECIAL CONDITIONS
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01 00 00 – GENERAL REQUIREMENTS
PART 1 -- GENERAL
1.1 DESCRIPTION
The Project involves Slurry Seal of approximately 25,000 square yard of roadway surface on Colma Boulevard between El Camino Real and Junipero Serra Boulevard, and Serramonte Boulevard East between El Camino Real and Hillside Boulevard in the Town of Colma (refer to the Appendix A attached). The scope of work consists of furnishing all equipment, labor, and materials necessary to perform 6 -inch digouts, crack sealing, slurry seal, replacement of pavement markings and striping, utility adjustments, installation of signal loop detectors or Vantage Vector Hybrid Camera Detection and all associated work.
1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE
PART 2 -- PRODUCTS [NOT USED.]
PART 3 -- EXECUTION
3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.
Town and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.
Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the Town Representative of any discrepancies.
Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the Town Representative to determine final quantities of Work in place. The Town Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the Town Representative, the Contractor shall provide an electronic copy of data used for quantity computations.
All surveys performed for measurement of final quantities of Work and material shall be subject to approval of Town’s Representative. Unless waived by Town’s A.
B.
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Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of Town’s Representative.
Surveying
1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot. (b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically. (d) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals.
Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.
Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys.
No additional compensation shall be made to the Contractor for this Work.
3.2 SCHEDULE
Estimated Schedule. Within 14 Days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the Town shall not in any way relieve the Contractor of its obligations under the Contract Documents.
The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non -critical activities. The c.
D.
E.
A.
B.
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schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion.
The overall Project Schedule duration shall be within the Contract time.
Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the Town. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.
3.3 TEMPORARY FIELD OFFICE
[NOT USED.]
3.4 PROTECTION OF WORK AND PROPERTY
All traffic detector loops, fences, walls, culverts, property line monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition. If Contractor provides the Town with reasonable notice of the need for such repair or replacement, it shall be performed by the Town. If the Contractor fails to provide the Town with reasonable notice, the repair or replacement shall be performed by and at the expense of the Contractor to the satisfaction of the Town, whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the Town at no expense to the Contractor, provided the Town is notified at least 48 hours before the property line monuments are damaged.
Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be preserved.
3. Deliver materials to the Project site over a route designated by the Engineer. c.
A.
B.
c.
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4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the Town shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the Town, at no cost to the Town.
7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the Town.
8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Project site in a clean, safe condition.
10. Comply with any stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the Town.
These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.
Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The Town shall be entitled to inspect and copy any such docum entation, video, or photographs.
3.5 SITE CONDITIONS SURVEYS
Work Included.
Contractor shall conduct thorough pre -construction and post -construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area.
The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.
D.
E.
A.
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Submittals.
1. Written documentation of site condition survey at pre -construction and post - construction.
2. Photographs as described herein of pre -construction and post -construction conditions.
3. Video recordings as described herein of pre -construction and post -construction conditions.
4. Submittals shall be made within three days of the surveys. All post -construction data shall be submitted prior to the final project inspection.
Site Condition Written Documentation.
Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.
Photographs.
1. General – Contractor shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre -construction photographs shall be taken prior to any construction or mobilization of equipment, b ut not more that one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work.
2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within pu blic right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is a djacent to the public right -of-way shall be documented to the extent visible from the public right-of-way.
3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.
4. One set of color prints shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega - pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.
Video Recording.
B.
C.
D.
E.
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1. Video recordings shall document the conditions of the entire area affected b y construction, as well as near by structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date.
2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.
3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.
4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.
5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.
6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.
Timing.
Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor sh all provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.
Site Surveyor.
The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.
Field Quality Control.
Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.
Soils Compaction Testing.
F.
G.
H.
I.
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1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the Town. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.
2. For pipeline construction, soil compaction testing will be done at 100-foot intervals at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill; at the top of t he trench backfill, which should be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.
3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to Town in accordance with Contract Documents.
Technical Manuals.
1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by Town’s operation and maintenance staff.
2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." "Categories" shall conform to the following (as applicable):
(a) Category 1 - Equipment Summary:
(1) Summary: A summary table shall indicate the equipment name, equipment number, and process area in which the equipment is installed. (b) Category 2 - Operational Procedures:
(1) Procedures: Manufacturer-recommended procedures on the following shall be included in Part 2:
a. Installation
b. Adjustment
c. Startup
d. Location of controls, special tools, equipment required, or related instrumentation needed for operation
e. Operation procedures
f. Load changes
g. Calibration
h. Shutdown
A.
B.
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i. Troubleshooting
j. Disassembly
k. Reassembly
l. Realignment
m. Testing to determine performance efficiency
n. Tabulation of proper settings for all pressure relief valves, low and high pressure switches, and other protection devices
o. List of all electrical relay settings including alarm and contact settings
(c) Category 3 - Preventive Maintenance Procedures:
(1) Procedures: Preventive maintenance proc edures shall include all manufacturer-recommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment in place.
(2) Schedules: Recommended frequency of preventive maintenance procedures shall be included. Lubrication schedules, including lubricant SAE grade, type, and temperature ranges, shall be covered. (d) Category 4 - Parts List:
(1) Parts List: A complete parts list shall be furnished, including a generic description and manufacturer's identific ation number for each part.
Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included.
(2) Drawings: Cross-sectional or exploded view drawings shall accompany the parts list.
(e) Category 5 - Wiring Diagrams:
(1) Diagrams: Part 5 shall include complete internal and connection wiring diagrams for electrical equipment items.
(f) Category 6 - Shop Drawings:
(1) Drawings: This part shall include approved shop or fabrication drawings, complete with dimensions.
(g) Category 7 - Safety:
(1) Procedures: This part describes the safety precautions to be taken when operating and maintaining the equipment or working near it. (h) Category 8 - Documentation:
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(1) All equipment warranties, affidavits, and certifications required by the Technical Specifications shall be placed in this part.
3. The Contractor shall furnish to Town six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.
Spare Parts List - The Contractor shall furnish to Town six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by Town in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist Town in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.
Record Drawings
1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction a nd utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.
2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.
3. Record drawings shall be accessible to Town’s Representative at all times during the construction period. Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.
4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to Town’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to Town, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.
Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall c.
D.
E.
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be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.
3.7 MATERIALS
Materials to be Furnished by the Contractor
1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by Town’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to Town’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.
2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform Town’s Representative, in writing, the date the material is to be manufactured.
3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to Town’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.
4. Cost. Unless otherwise called for by the Con tract Documents, the cost of all material, equipment, and labor required to accommodate Town’s testing efforts, including any travel required by Contractor’s force s, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.
3.8 LOCAL CONDITIONS AND REQUIREMENTS
Access to Work and Haul Routes
1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor.
2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site. Claims for changes in Contract Price or Contract Times arising out of the unavailability of transportation facilities or limitations thereon shall not be considered by Town.
3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon A.
A.
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completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to Town’s Representative.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.
Construction Water.
1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.
2. All connections to the Town's water system used for the purposes of obtaining construction water shall utilize a temporary construction meter and backflow prevention device supplied by the Town. The Town-furnished backflow prevention device shall be tested immediately after installation and the construction meter and backflow prevention device shall not be placed into service until the backflow prevention device passes such tests. Backflow prevention device testing shall be performed in accordance with applicable standards , and test results shall be provided to the Engineer. If the temporary construction meter and backflow prevention device are moved to alternate location(s) during construction, the backflow prevention device shall again be tested as described above immediately after re-installation.
3. For each temporary construction meter requested by the Contractor for the performance of work under this contract, an amount equivalent to the deposit requirement for temporary construction meters listed in the current approved version of the Town’s Policies and Procedures Manual shall be withheld from the final contract payment until the temporary construction meters are returned.
Operation of Existing Water Facilities
1. The Contractor shall not operate any of the existing water systems, including pumps, motors, and hydrants, but shall contact the Town two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the Town.
2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The Town will perform all notification to existing customers regarding temporary loss of service.
B.
c.
D.
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3. Contractor shall submit a request on Town’s standard form for any shut -down of existing water facilities.
Construction at Existing Utilities
1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.
2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the Town Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify Town as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the neglige nt, accidental, or intentional breaching of utilities.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Traffic Control
1. General. Contractor shall abide by traffic control plans approved by the appropriate jurisdiction.
2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Cleaning Up
E.
F.
G.
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1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsi te for the duration of the project, and/or use of temporary hoses and pipelines to convey water.
2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the Town may do so and the cost of such clean up shall be charged back to the Contractor.
3.9 ENVIRONMENTAL QUALITY PROTECTION
Environmental Conditions
[NOT USED.]
Landscape and Vegetation Preservation
1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.
2. Damage and Restoration. Movement of crews and equipment within the rights-of- way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.
3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Protected Species
1. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the Town Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to Town within 2 Days.
A.
B.
c.
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2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.
If directed by the Town Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any Town directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.
3. False Siting. Any costs or delays incurred by Town or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.
4. Cost. Unless otherwise called for by the Con tract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Preservation of Historical and Archeological Resources
1. General. If, in the performance of the Work, Contractor should unearth cultural resources ( for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the Town Representative immediately, giving the location and nature of the findings.
Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or Town within 2 Days.
2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.
If directed by the Town Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the Town Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any Town directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.
3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a D.
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result of unauthorized activities that damage cultural resources and shall indemnify Town pursuant to the Contract Documents.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Dust and Pollution Control
1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site.
2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
Fugitive Dust
[NOT USED.]
Management of Storm, Surface and Other Waters
1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the Town and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor ackn owledges that it has investigated the risk arising from such waters in conjunction with the Project, and assumes any and all risks and liabilities arising therefrom.
2. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.
3. Contractor violations. If noncompliance should occur, the Contractor shall report this to the Town Representative imm ediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in Town stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or E.
F.
G.
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additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.
4. Compliance with Construction General Storm water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, Nat ional Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated wi th Constructi on Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
(a) Contractor shall prepare and implement a Storm Water Pollu tion Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with Town’s Legally Responsible P erson and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall submit the SWPPP to the Town Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. Town will file the Notice of Intent and pay the filing fee.
(b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, st ructural con trol, silt fences, straw dikes, sediment controls or operator controls as appropriate.
Storm water management measures shall be instituted as required, including veloTown dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. (2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements lis ted in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. (4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall 25977.00130\42985248.1
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contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit.
(5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices. (6) Pollution c ontrol measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution. (7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. (8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event. (9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(c) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by Town. (d) Town retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document, or fails to proceed in a manner that is satisfactory to Town. Town reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. W hether Contractor has adequately maintained complia nce with the Permit shall be Town’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by Town in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. (e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify Town as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of Town. Town may seek damages from 25977.00130\42985248.1
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Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.
5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.
6. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collec tively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source.
(b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers loca ted within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. (c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil. (d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112
7. Underground tank prohibition. The Contractor shall not use underground storage tanks.
8. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”
9. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions.
The Contractor shall obtain all other necessary licenses and permits. (b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.
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10. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.
END OF GENERAL REQUIREMENTS
EXHIBIT “A”
CHANGE ORDER FORM
Town of Colma
Contract Change Order #
Project: Change Order No.:
Orig. Contract Amt.:
$
Days
Contract No.:
Contractor: Prev. Appvd. Changes: $ Days
Owner: Town of Colma This Change: $ Days
Revised Contract Amt.: $ Days
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upo n between the Contractor and Town of Colma, otherwise referred to as Owner.
Item
No.
Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 2
Totals
$
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the Town of Colma.
Contract Change Order # Page 1 of 2
1198 El Camino Real
Colma, CA 94014
The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any uncha nged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overh ead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.
Accepted:
(Signature) Contractor’s Authorized Representative Date
Recommended:
(Signature) [**INSERT NAME, TITLE**] Date
Approved:
(Signature) [**INSERT NAME, TITLE**] Date
Item
No.
Justification for Change(s)
1 2
THIS PAGE INTENTIONALLY LEFT BLANK
TECHNICAL PROVISIONS
SECTION 100 – SUBMITTALS
PART 1 – GENERAL
Attention is directed to the provisions in Section 5-1.23 of the Standard Specifications and these special provisions related to the Contractor’s responsibility for submittals.
1.01 DESCRIPTION
A. Work Included:
1. General: Submit samples, drawings, Certificates of Compliance and data for the Engineer's approval which will demonstrate fully that the construction, the materials and equipment to be furnished will comply with the provisions and intent of these specifications.
2. Specific items to be covered by the submittal shall include, as a minimum, the following:
a. Brochures, manuals, and test data on equipment proposed to be furnished.
b. Manufacturers Certificates of Compliance.
c. Samples.
d. Substitutions.
B. Number of Copies Required:
Unless specified otherwise, the Contractor shall submit the original and an electronic copy of each submittal to be retained by the Engineer, plus the number of copies to be returned to the Contractor.
1.02 MANUFACTURERS' INSTALLATION INSTRUCTIONS
Where the specifications indicate that the Contractor must follow manufacturers' instructions for installation of materials or equipment, those instructions shall be submitted to the Town prior to the start of work whether or not instructions are listed sp ecifically as a submittal. When referenced, the manufacturers printed installation instructions shall have the same effect as if printed in the contract documents.
PART 2 - PRODUCTS
2.01 SHOP DRAWINGS
A. Scale Required:
Unless otherwise specifically directed by the Engineer, make all shop drawings accurately to a scale sufficiently large to show all pertinent features of the item and its method of connection to the work.
B. Type of Prints Required:
Unless otherwise specifically directed by the Engineer, make all shop drawing prints in blue or black line on white background. Reproductions of Town drawings are not acceptable.
2.02 SAMPLES
A. Number of Samples Required:
Submit all samples, unless specified otherwise, in the quantity you wish returned, plus two, which will be retained by the Engineer. Label each sample, naming the project, the source of the material, and the proposed location of use on the project.
2.03 OPERATING AND MAINTENANCE INSTRUCTIONS
The Contractor shall furnish and deliver to the Town three (3) copies of operating and maintenance instructions and parts lists for all mechanical and electrical equipment furnished on the project. These instructions shall be suitably bound in labeled and indexed ring binders. No progress payment in excess of eighty percent (80%) of the Contract amount shall be made until all such instructions have been received from the Contractor.
2.04 SUBSTITUTIONS
Engineer's Approval Required:
1. The contract is based on the materials, equipment, and methods described in the contract documents. Any proposed substitutions by the Contractor are subject to the Engineer's approval.
2. The Engineer will consider bids for substitution of materials, equipment, and methods only when such bids are accompanied by full and complete technical data, and all other information required by the Engineer to evaluate the proposed substitution.
3. Requests for substitutions shall be accompanied by a cover letter stating the reason for the substitution and any cost difference between the specified and proposed material.
4. Any deviations from the Bid Documents shall be clearly identified on the submittal.
2.05 CERTIFICATES OF COMPLIANCE
Per Section 11.07, “Certificates of Compliance,” of the Town Standard Specifications.
PART 3 - EXECUTION
3.01 IDENTIFICATION OF SUBMITTALS
A. Completely identify each submittal and resubmittal by using the sample form
attached at the end of this Section.
B. All submittals shall be certified by the Contractor for completeness and for compliance with the contract documents.
3.02 COORDINATION OF SUBMITTALS
A. General:
1. Prior to submittal for Engineer's review, use all means necessary to fully coordinate all materials, including the following procedures:
a. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data.
b. Coordinate as required with all trades and with all public agencies involved.
c. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured.
B. Grouping of Submittals:
Unless otherwise specifically permitted by the Engineer, make all submittals in groups containing all associated items for complete systems. The Engineer may reject partial submittals as not complying with the provisions of the contract documents.
3.03 TIMING OF SUBMITTALS
A. General:
1. Make all submittals far enough in advance of scheduled dates of installation to provide required time for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery.
2. In scheduling, allow at least seven (7) calendar days for the Engineer's review, plus the transit time to and from the Town office.
3. Conform to the requirements of individual sections.
3.04 REVIEWS BY THE TOWN
A. One copy of each submittal will be returned to the Contractor marked "Reviewed, no exceptions noted," "Reviewed, exceptions noted," Or "Rejected."
B. Submittals marked "Reviewed, exceptions noted" need not be resubmitted, but the notes shall be followed.
C. If a submittal is rejected, it will be marked to indicate what is unsatisfactory.
D. Resubmit revised drawings or data as indicated, in number of copies specified
above.
E. Review of each submittal by the Engineer will be general only and shall not be construed as:
1. Permitting any departure from the contract requirements.
2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist.
3. Approving departures from additional details or instructions previously furnished by the Engineer.
4. Relieving the Contractor from verifying all field conditions and dimensions.
3.05 COSTS FOR REJECTED SUBMITTALS
Any submittals which are "returned for correction" due to incompleteness or noncompliance more than once will cause additional review time and expense for the Town. The Contractor shall reimburse the Town for all costs associated with the third and subsequent review of any submittals. The Town reserves the right to deduct resubmitted review costs from amounts due the Contractor.
3.06 LIST OF SUBMITTALS
A. Public Notice
B. Traffic Control Plan
C. Project Schedule
D. Crack Seal
E. Type II Slurry Seal
F. Asphalt Concrete
G. Tack Coat
H. Pavement Markings and Strips
I. Utility cover adjustment
J. Signal Loop Detectors
K. Vantage Vector Hybrid Camera Detection
END OF SECTION 100
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SAMPLE FORM
- SUBMITTAL -
(Contractor's Letterhead)
___________________(Date)
Town of Colma
Public Works Department
1198 El Camino Real
Colma, CA 94014
Attention: Project Engineer
Project:
Submittal No. ( )
(Allow space for Town stamp)
The following item is submitted for review:
Item: Specification Section Ref:
Drawing Sheet, No(s) Ref:
I hereby certify that all material submitted has been checked for completeness, for correctness, and for compliance with the drawings and specifications, that field dimensions and conditions have been verified, and that exceptions, if any, are clearly noted.
(Authorized Signature)
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SECTION 101 - MOBILIZATION
PART 1 – GENERAL
Attention is directed to the provisions in Section 9 -1.16, "Mobilization," of the Standard Specifications and these technical provisions related to mobilization.
1.01 WORK INCLUDED
A. Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; and for all other work and operations which must be performed, or costs incurred prior to beginning work on the various Contract items.
B. Contractor is advised that there may be insufficient area within the construction zone to provide parking, staging for material and storage of equipment.
PART 2 – [RESERVED]
PART 3 – [RESERVED]
PART 4 - MEASUREMENT AND PAYMENT
Bid Item 1
Compensation for Mobilization, as specified herein and in the Standard Specifications, and as directed by the Engineer shall be paid by lump sum. The Contract lump sum price for Mobilization should not exceed five percent (5%) of the total base bid contract price.
Any amount bid on the bid schedule in excess of five percent (5%) shall be withheld from payment until the completion of project, to be paid as part of the final payment.
END OF SECTION 101
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SECTION 102 - TRAFFIC CONTROL
PART 1 – GENERAL
Attention is directed to the provisions in Section 7 and 12 of the Standard Specifications and these technical provisions related to Public Safety, Public Convenience, and Temporary Traffic Control.
1.01 WORK INCLUDED
A. At all times, provide safe and adequate passage for vehicular and pedestrian traffic through, around and adjacent to all construction operations by use of detours, bridging, backfilling, paving, traffic barriers or other favorably reviewed means.
B. Establish and maintain detours and conduct construction operations in such a manner as to minimize hazard, inconvenience, and disruption to the public.
C. Equally direct traffic control to the regulation and protection of pedestrian traffic including pedestrians, bicyclists, joggers, skaters, skateboarders, etc.
D. Contractor shall always provide protection for pedestrians and separation of pedestrians from construction operations.
E. Direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans as specified herein or in accordance with Traffic Control Plans approved by the Engineer. The Contractor may revise the Traffic Control Plan as necessary only with the Engineer’s approval.
F. Attention is directed to Sections 7-1.08, "Public Convenience", 7-1.09, "Public Safety", and 12-
2.02. "Flagging Costs", of the Standard Specifications and these technical provisions. The first paragraph of Section 12 -2.02, "Flagging Costs", shall not apply. In connection with said sections, it is understood that all lights, signs barricades, flagmen or other necessary devices shall be furnished and maintained by the Contractor at his own expense.
G. Public notification
1. Contractor shall post notice along the streets where work will be done and notifying residents by hand -delivered mail. All shall be done 3 working days prior to commencement of work.
2. Contractor shall notify Colma Public Works, Police, and Fire Department, and Utility Companies that have underground facilities within the limits of work at least 2 working days prior to commencement of work.
1.02 REFERENCES, CODES, AND STANDARDS
A. Standard Plans and Specifications, California Department of Transportation, 2010 edition, unless noted otherwise.
B. California Manual on Uniform Traffic Controls (CA MUTCD), California Department of Transportation, latest edition, unless noted otherwise.
1.03 SUBMITTALS
A. Traffic Control and Construction Staging Plans:
1. Submit at least 15 working days prior to start of work a traffic control plan and a construction staging plan for review by the Engineer which conforms to all requirements of these Specifications. Include circulation, traffic control signs, pedestrian and bicycle access, striping, safety devices, lane closures, detours, parking prohibitions, etc.
2. No work affected by lane closures, detours and/or parking prohibitions shall begin until written permission is received from the Engineer.
3. Traffic control plans shall conform to the State Standard Specification and CA MUTCD for "Temporary Traffic Control”.
1.04 JOB CONDITIONS
A. The following general job conditions apply to the project:
1. Provide access to all residences and businesses whenever possible throughout the project. Notify property owners 72 hours in advance, and again 24 hrs. in advance, of work that will interrupt use of driveways or other frontage improvements.
2. Street closures will not be permitted without written approval of the Engineer.
3. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.
4. Street parking may be restricted as necessary to facilitate construction activity. Notify property owners of parking restrictions 72 hours in advance.
5. Whenever the Contractor’s operations create a condition hazardous to traffic, or to the public, the Contractor shall take the necessary precautions and provide adequate means to protect those who must pass through or over the work. If the Contractor shall appear to be neglectful or negligent in providing such warning or protective measures, the Engineer may direct attention to the existence of a hazard, and require that necessary barricades, warning signs, lights or flagmen be installed by the Contractor. Any action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety.
PART 2 - PRODUCTS
2.01 TRAFFIC CONTROL DEVICES
A. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of Section 12, "Construction Area Traffic Control Devices," and Section 7, "Legal Relations and Resp onsibility," of the Standard Specifications.
B. Flashers shall be provided on each barricade, Section 360, California Vehicle Code, defines highway to include streets.
C. The Contractor shall install temporary pavement markings (floppies) in areas where existing pavement markings are damaged or removed during construction.
PART 3 - EXECUTION
3.01 GENERAL
A. Traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.
B. When traffic cones or delineators are used to define a temporary edge of traffic lane, the edges of the cones or delineators adjacent to traffic shall be considered to be the edge of the traffic lane and a minimum lane width of eleven (11) feet shall be maintained unless otherw ise approved by the Engineer.
C. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.
D. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
E. If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair or replace said component to its original condition and reinstall the component in its original location.
F. During construction the Contractor shall furnish and place sufficient barricades and detour signs at all cross streets to protect new pavement surfaces and markings and to safely direct traffic around the work area.
G. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall take the necessary precautions and provide additional traffic control measures to protect those who must pass through the work. If the Cont ractor shall appear to be neglectful or negligent in providing warning or protective measures, the Engineer may direct attention to the existence of a hazard, and require that additional barricades, flashers, warning and detour signs or lights be installed by the Contractor, or additional flaggers provided at no additional cost to the Town. Any action or lack of action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety.
H. Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders of roadways open to the public.
I. The Contractor shall submit to the Engineer for approval a detailed plan for maintaining bicycle and pedestrian access through and past all work locations at all times. The designated pedestrian and/or bicycle paths shall be continuous and street crossing s, where required and approved, shall be clearly marked and delineated.
3.02 LANE CLOSURES AND DETOURS
A. During the hours of 7:00 a.m. and 5:00 p.m., no more than one -half (½) of the roadway shall be closed to traffic at any time, and one traffic lane shall be maintained in each direction unless prior written approval is obtained from the Town.
B. Outside the hours of 7:00 a.m. and 5:00 p.m. and when no work is being performed, all lanes of traffic shall be opened for use.
C. When ordered by the Engineer, the Contractor shall furnish flagmen for the purpose of expediting the safe passage of public traffic through the work under one -way controls.
At locations where traffic is being routed through construction under one -way controls and when ordered by the Engineer, the movement of the Contractor’s equipment from one portion of the work to another shall be governed in accordance with such one -way controls.
D. During paving operations, the Contractor shall furnish and place sufficient barricades at all cross streets to protect new surfaces from traffic until sufficiently cooled as well as placing "Detour" signs as necessary to clearly delineate detour routes for all impassable intersections. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners and the motoring public.
Convenient access to any driveways, houses and buildings along the line of work shall be maintained at all times.
E. Upon completion of work on a lane, and during any time the Contractor’s operations are shut down by breakdown, or other causes, and during any period when work is not permitted in traffic lanes, the Contractor’s equipment shall be immediately and entirely withdrawn from the traveled way, and public traffic shall be allowed the use of a minimum of two traffic lanes.
F. Open excavations and trenches shall be adequately covered when no work is being performed.
G. Changes to these requirements shall only be allowed when approved in writing by the Engineer.
3.03 TRUCK ROUTES
A. All vehicles exceeding 12,000 pounds gross weight hauling materials to the job site shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineer.
3.04 NO PARKING SIGNS
A. “No Parking” signs shall be posted a minimum of 72 hours in advance of the parking restriction.
B. The date and time of parking restrictions shall be clearly posted on “No Parking” signs. “No Parking” signs shall be provided by the Contractor. Contractor shall monitor and keep current all sign placements and sign removals to coincide with actual construction operations. Should the construction work not occur on the specified day, new “No Parking – Tow Away” signs shall be posted by the Contractor indicating a revised date.
PART 4 - MEASUREMENT AND PAYMENT
Bid Item 2
Compensation for Traffic Control, as specified herein and in the Standard Specifications, and as directed by the Engineer shall include all necessary public notification, submittals, implementation, and maintenance of the approved traffic control plans, fo r all work in
construction zones throughout the duration of the project.
Payment for complying with the provisions of this Section shall be by lump sum and paid on a percentage of completion of other items of work.
END OF SECTION 102
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SECTION 103 – WATER POLUTTION CONTROL
PART 1 – GENERAL
1.01 Work Included
Prohibit illicit discharge (non-rainwater) into the storm drain system.
Construct, inspect and maintain any and all necessary systems to eliminate contaminants from entering the storm water system.
Clean up and control of work site materials, spoils and debris. Removal of contaminants produced by the project.
After job completion, removal of systems installed by the Contractor to control contaminants from entering the storm water system.
Preparation of water pollution control plans (WPCPs).
The work shall include the provision of all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified.
1.02 References, Codes and Standards
Comply with Section 13, “Water Pollution Control”, of the State Standard Specifications.
National Pollution Discharge Elimination System (NPDES), Municipal Regional Permit (MRP) No.
CAS612008.
Best Management Practices Construction Handbook, California Stormwater Quality Association, latest version.
1.03 Quality Assurance
All work performed under this contract and all contractors and their associates and/or employees are required to comply with all applicable storm water regulations and to implement Best Management Practices (BMPs) at all times.
Water Pollution Control Plan
A plan shall be submitted for the proposed control of contaminants entering the storm water system. The plan must be approved by the Engineer prior to commencing work.
Training
All employees and subcontractors shall be trained on the storm water pollution prevention requirements contained in these Specifications. A supply of spill clean-up materials such as rags or absorbents shall be kept readily accessible on-site.
PART 2 – MATERIALS
(None)
PART 3 – CONSTRUCTION
3.01 Recycling
At the end of each working day, all scrap, debris and waste material shall be collected and materials disposed of properly.
Dry, empty paint cans/buckets, old brushes, rollers, rags and drop cloths shall be disposed of in approved waste collection.
Dumpsters shall be inspected for leaks. As leaks are detected, the trash hauling contractor shall be contacted to replace or repair dumpsters that leak.
Water from cleaning dumpsters shall not be discharged on-site.
Regular waste collection shall be arranged for before dumpsters overflow.
3.02 Hazardous Material / Waste Management / Materials Management
Designated areas of the project site shall be proposed by the contractor for approval by the Engineer suitable for material delivery, storage and waste collection as far from catch basins, gutters, drainage courses and creeks as possible.
All hazardous materials such as pesticides, paints, thinners, solvents and fuels; and all hazardous wastes such as waste oil and antifreeze shall be labeled and stored in accordance with State and Federal regulations.
All hazardous materials and all hazardous wastes shall be stored in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered as needed, to avoid potential management of collected rain water as a hazardous waste.
The contractor shall dispose of all excess thinners, solvents, chemicals, oil -based and water - based paint as hazardous waste.
Regular hazardous waste collection shall be arranged for to comply with time limits on the storage of hazardous wastes.
Granular materials shall be stored a minimum of ten feet from the closest catch basin and curb return. The contractor shall not allow these granular materials to enter the storm drain or creek
Warning signs shall be posted in areas containing or treated with chemicals.
An accurate up -to-date inventory, including Material Safety Data Sheets (MSDS) of hazardous wastes stored on site shall be kept and available to assist emergency response personnel in the event of a hazardous materials incident.
Maintenance and fueling of vehicles and equipment shall be performed in a designated, bermed area, or over a drip pan that will not allow run -off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly. Secondary conta inment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.
3.03 Chemical Usage
When rain is forecast within 48 hours, or during wet weather, the Engineer may prevent the contractor from applying chemicals in outside areas.
Pesticides or fertilizers shall not be over-applied and material manufacturer’s instructions shall be followed regarding uses, protective equipment, ventilation, flammability and mixing of chemicals.
Over-application of a pesticide constitutes a “label violation” subject to an enforcement action by the San Mateo County Agriculture Commissioner.
3.04 Dust Control
Reclaimed water shall be used to control dust on a daily basis as directed by the Engineer.
At the end of each working day, or as directed by the engineer, the roadways and on -site paved areas shall be cleaned and swept of all materials attributed to or involved in the work. Streets shall not be washed down into a storm drain or creek in lieu of street sweeping. Water wash may be picked up by a vacuum unit in lieu of sweeping.
3.05 Saw cutting
The contractor shall cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags and fine earthen dams to keep slurry out of the storm drain system. The contractor shall ensure that the entire opening is sealed.
Saw cutting debris and spoils be removed by shovel, absorption, vacuum or pick up of waste prior to moving to the next location or at the end of each working day, whichever is sooner.
If slurry enters a catch basin, the slurry shall be removed from the storm drain and the Engineer shall be notified immediately.
3.06 Dewatering Operations
Water shall be routed through a control measure as determined and approved by the Engineer such as a sediment trap, sediment basin or Baker tank to remove settled solids prior to discharge to the storm drain system. Filtration of the water following the co ntrol measure may be required on a case- by-case basis.
The filtered water shall be reused for other purposes such as dust control or irrigation to the extent possible.
If the project is within an area of known groundwater contamination, the water from dewatering operations shall be tested prior to discharge. If the water meets the Regional Water Quality Control Board standards, it may be discharged into the storm drain, if not, the water shall be discharged to the sewer system (with proper approvals from the Town) or disposed of off -site, depending on test results and levels on contaminants.
3.07 Concrete Grout And Mortar Waste Management
Concrete, grout and mortar shall be stored away from the drainage areas and ensure that these materials do not enter the storm drain system.
Concrete trucks shall not be washed out into streets, gutters, storm drains, drainage channels or creeks. The wash water must be disposed to a proper concrete washout area or self -contained by the ready-mix concrete truck, both methods shall remove and handle the wash water from the Town limits.
3.08 Paving Operations
Catch basins and manholes shall be covered when paving or applying tack coat, chip seal, or Microsurfacing.
The Engineer may direct the contractor to protect drainage courses by using control measures such as earth dike, straw bale and sand bag to divert run-off or trap filter sediment.
Excess sand (placed as part of a sand seal or to absorb excess oil) shall not be swept or washed down into gutters, storm drains or creeks. The sand shall be collected and returned to the stockpile or disposed of in a trash container or hauled to an approv ed dump site. Water shall not be used to wash down fresh asphalt concrete.
3.09 Painting
The cleaning of painting equipment and tools shall be performed in a designated area that will not enter the gutters, storm drains or creeks.
Wash water from aqueous cleaning of water-based paint tools and equipment shall be disposed of in a sanitary sewer or onto a designated dirt area.
Paint thinners and solvents from oil -based paints shall be filtered and re -used when possible.
Waste sludge, thinner and solvent from cleaning tools and equipment shall be disposed of as a hazardous waste.
3.10 Site Cleanup
The cleaning of equipment of materials shall not be performed on-site or in the street using soaps, solvents, degreasers, steam cleaning or equivalent methods.
All cleanups must be performed in a designated area that will not allow the cleaning rinse to flow off- site or into streets, gutters, storm drains, or creeks.
PART 4 – MEASUREMENT AND PAYMENT
The contract lump sum price paid for Stormwater Pollution Control shall include full compensation for furnishing all labor, materials (including dust palliative binder), tools, equipment, and incidentals and for doing all the work involved in Stormwater Pollution Control, complete in place, including inlet protection, installing fiber roll and silt fence along the perimeter of the limits of work, installing stabilized construction entrance and exits, removal of nonhazardous material and waste management, ha zardous material/ waste management, spill prevention, vehicle / equipment inspection and cleaning, concrete truck / equipment wash out, paint cleanup, street sweeping, recycling, controlling dust resulting from the Contractor’s operations, public traffic, wind, or other conditions at all times including Saturdays, Sundays, holidays, and when directed by the Town, as specified in Laws and Regulations and the technical specifications, and no additional payment shall be made therefore, as specified in the Stan dard Specifications, the special provisions, and the technical specifications, and as directed by the Engineer. In addition, storm drainage inlets directly affected by construction shall be protected per Association of Bay Area Governments (ABAG) requireme nts and this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals in accordance with such requirements. Payment for this item shall be based on the pro rata share of the work completed.
END OF SECTION 103
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SECTION 104 – ASPHALT CONCRETE DIGOUT REPIAR
PART 1 – GENERAL
Attention is directed to the provisions in Section 39 of the Standard Specifications and these technical provisions for performing asphalt concrete work.
1.01 WORK INCLUDED
A. This section includes specifications for producing and placing hot mix asphalt (HMA) after pavement section has been removed for digouts.
B. The depth of HMA placement for digouts shall be 6 inches or as indicated on the plans.
1.02 REFERENCES
Standard Specifications, California Department of Transportation, 2018 edition, unless noted otherwise.
1.03 SUBMITTALS
A. Asphalt Concrete
B. Tack Coat
PART 2 – PRODUCTS
2.01 ASPHALT CONCRETE
A. Asphalt concrete shall be Type A with 1/2" maximum aggregate size and conforming to the requirements of Section 39 of the Standard Specifications.
B. The asphalt concrete used shall be AR 4000. The Engineer may specify AR-8000 Paving Grade Asphalt if air temperature becomes hot enough to warrant its use.
C. The amount of asphalt to be mixed with the aggregate shall be approximately six (6) percent by weight of the dry aggregate.
2.02 ASPHALT BINDER
The grade of asphalt binder must be PG 64-10, comply with Section 92, “Asphalt Binders” of the Standard Specifications.
2.03 TACK COAT
Tack coat shall be SS-1h or CSS-1h, comply with Section 94, “Asphaltic Emulsions” of the Standard Specifications.
-
PART 3 – EXECUTION
3.01 ASPHALT CONCRETE PAVEMENT PREPARATION AND RESURFACING
A. All existing pavements shall be trimmed as required to provide a smooth face to the new pavement. The grinded areas shall be smooth and have a dry and properly prepared surface prior to the start of paving operations. It shall be free from all loose screening and other loose or foreign material.
B. Protective coverings shall be provided to protect the exposed portions of culverts, curbs, gutters, posts, guard fences, road signs, and any other structures from splashing oil and asphalt from the paving operations. Remove any oil, asphalt, dirt, or other undesirable matter that may come upon these structures due to the paving operations.
C. The pavement surface to receive the digouts shall be cleaned by sweeping. The Contractor shall apply the specified tack coat asphalt binder to all pavement and vertical concrete surfaces.
D. All paving work shall be completed before 5:00 p.m., on each working day or Contractor shall be responsible for payment of inspection overtime at the current inspector labor rates.
E. All streets where keycut and or cold plaining work has been completed in preparation for overlay shall be paved within three (3) calendar days from the date of completion of the AC removal.
F. All paving work shall be water tested for uniformity, and drainage before final acceptance.
G. The Contractor shall be responsible for any damage to existing pavement caused by his/her forces. Such damage shall be promptly repaired as directed by the Engineer, and at no cost to the Town.
3.02 PAVEMENT SECTION REPAIRS AND AC INSTALLATION
A. Pavement section repairs shall be completed before Slurry Seal operation.
B. The repairs shall be at specific locations on streets where the pavement section has failed or as directed by the Engineer.
C. This work shall consist of removing failed pavement sections up to the base but not more than six-inch depth and installing full depth Type A HMA with 1/2" maximum to existing grade. It shall include reworking the base and compacting the base to 95 percent relative compaction before plugging with at least 6” of new asphalt concrete.
D. Asphalt concrete for plugging the excavated areas shall be placed in layers of two (3") inches for areas with lengths in excess of five feet. Each layer shall be compacted to a minimum 95% relative compaction before the next layer is placed.
3.03 DISTRIBUTION AND SPREADING
A. Direct Transfer Method for AC Overlay
1. Asphalt Concrete shall be placed only upon specific approval of the Engineer.
When, in the opinion of the Engineer, the surface grinding is too wet, no asphalt
concrete shall be placed.
2. The Engineer will make the final decision whether conditions are satisfactory for paving. NO ASPHALT CONCRETE SURFACE COURSE SHALL BE PLACED WHEN THE ATMOSPHERIC TEMPERATURE IS LOWER THAN 50 DEGREES FAHRENHEIT.
3. The asphalt concrete shall be deposited directly into the mechanically self - propelled paving machine and equipped with:
a. A screed or strike-off assembly that can distribute HMA the full width of a traffic lane
b. A full-width compacting device
c. Automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope
B. Asphalt concrete shall be placed in such a manner that the first pass shall start at the roadway gutter lip (or low edge of the roadway). The second pass shall then be placed next to the first pass while the first pass of asphalt concrete is still hot (unl ess the paving operations have been discontinued for the day). The above procedure shall be followed for all additional adjacent passes until the entire roadway has been resurfaced. The maximum pass shall be 1,000 feet.
C. Trucks, loaded or empty, shall not be allowed on the new roadway surface until the asphalt concrete reaches ambient temperature.
D. No Windrow/Pick-Up Method is allowed
3.03 SPREADING AND COMPACTING
A. Rolling and compaction of asphalt concrete shall be done according to Section 39 -6, "Spreading and Compacting" of the Standard Specifications and these technical provisions.
B. Use of a rubber-tired roller shall not be required.
C. Do not open new HMA pavement to traffic until its mid depth temperature is below 160 degrees F.
D. Upon completion of pavement, density and smoothness of pavement shall conform to the Standard Specifications and these technical provisions.
PART 4 - MEASUREMENT AND PAYMENT
Bid Item 4
The bid item for 6-inch dig outs shall be measured on a per square foot basis based on the actual areas of pavement section repairs.
It shall include full compensation for furnishing all labor, materials, tools, equipment and
incidentals for doing all the work associated with pavement section repairs, including, but not limited to surface preparation, protecting existing surface facilities, sub-grade preparation and compaction, applying tack coat, placing, spreading and compacting the hot mix asphalt in single or multiple lifts, and complete-in-place, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefore.
END OF SECTION 104
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SECTION 105 – CRACK SEAL
PART 1 - GENERAL
Attention is directed to the provisions in Section 37, “Bituminous Seals,” of the Standard Specifications and these technical provisions for treating cracks in asphalt concrete pavement.
1.01 WORK INCLUDED
Work covered by this section includes the cleaning and sealing of cracks within all areas of the project scope. Cracks ¼-inch to 1-inch in width shall be sealed with asphalt rubber crack seal material. Cracks or “pop-outs” of existing asphalt that are greater than 1-inch in width shall be sealed with Type A, 3/8-inch maximum asphalt concrete cement.
1.02 REFERENCES
A. Standard Plans and Specifications, California Department of Transportation, 2010 edition, unless noted otherwise.
B. American Association of State Highway and Transportation Officials, Standard Specifications, latest edition.
1.03 SUBMITTALS
Contractor shall submit certificates from suppliers stating compliance of materials with the requirements of this section.
PART 2 - PRODUCTS
2.01 HOT APPLIED SEALANT (For cracks less than 1”)
A. Crack seal material shall consist of a single component, hot-applied, elastically modified asphalt composition specifically produced for effective pavement maintenance joint sealing. The asphalt to be used shall have a maximum penetration of 150 when tested in accordance with procedure outlined by the American Association of State Highway Officials.
B. The granulated crumb rubber (100 percent vulcanized) shall meet the following requirements:
Passing Sieve Percent
No. 8 100
No. 10 98-100
No. 40 0-100
The sieves shall comply with the requirements of AASHTO 92.
C. The specific gravity of the granulated crumb rubber shall be 1.15 + 0.02 and shall be free of fabric, wire or other contaminating materials, except that up to four percent of calcium carbonate may be included to prevent particles from sticking together.
D. The proportions of the two materials by weight shall be 75 percent +2 percent asphalt and 25 percent +2 percent rubber.
E. The materials shall be packed in approximately 60-pound boxes with a polyethylene liner. The boxes shall be placed on pallets and covered with a weather resistant covering.
2.02 ASPHALT CONCRETE MIX (For cracks larger than 1” and not in dig-out area)
A. The asphalt to be used shall have a maximum penetration of 150 when tested in accordance with procedure outlined by the American Association of State Highway Officials.
B. Mineral aggregate material for asphalt concrete for sealing cracks larger than 1 -inch shall be Type A, 3/8 -inch maximum, medium graded aggregate, conforming to Section 39, “Hot Mix Asphalt”, of the 2010 State Standard Specifications.
PART 3 - EXECUTION
3.01 GENERAL
A. Prior to crack seal operations, Contractor shall remove all debris and organic materials within the limits to be crack sealed with a high -pressure air nozzle and/or a mechanical cleaning process to a depth of 1/2" minimum.
B. Cracks to be filled shall be completely clean and dry at the time of filling, and in no case shall crack sealing be performed within 24 hours of any precipitation. Sealant shall be applied when the pavement surface temperature exceeds 50°F. Application at lower temperatures may result in reduced adhesion due to possible presence of excess moisture.
C. Contractor shall not overfill cracks, as excess filler will cause bumps in the overlay and may migrate through the paving surface course during compaction.
D. Traffic shall not be allowed on the material until it has cured or until it has been sanded to prevent tracking.
E. All crack sealing shall be completed at least one-working day prior to overlay.
3.02 CRACKS LESS THAN OR EQUAL TO 1”
A. The asphalt-rubber shall be heated to a minimum temperature of 300°F but not greater than 350°F. The material shall be held in the mixing tank at application temperature until very little separation of the rubber and asphalt occurs when a bead of sealant material is placed on the pavement. Sealant material may be added to the mix as long as the minimum temperature of 300°F is maintained.
B. Asphalt-vulcanized rubber crack sealant material shall be applied to all cracks ¼-inch or greater so as to be flush with the adjacent pavement surface. Cracks shall be sealed from the bottom up. Excess sealant shall be leveled to less than a 1/8-inch thickness with a squeegee or sealing shoe to produce a band which is 2 to 4 inches wide, centered over the crack.
3.03 CRACKS LARGER THAN 1”
A. Cracks shall be filled with Type A, 3/8 -inch maximum, medium graded aggregate asphalt concrete mix.
PART 4 - MEASUREMENT AND PAYMENT
Bid Item 5
The bid item for Crack Seal shall be paid per Lane Mile.
It shall include full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work associated with this Section, including but not limited to cleaning, protecting all street hardware and appurtenances, and protecting the Crack Sealing until it has set, including the furnishing, placement, and removal of signs, barricades and providing other methods of protection as may be required, as specified in the City Standard Specifications, the Special Provisions, as shown on the project Plans, and as directed by the Engineer.
END OF SECTION 105
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SECTION 106 - SLURRY SEAL
PART 1 - GENERAL
Attention is directed to the provisions in Section 37-3, “Slurry Seal and Micro -Surfacing,” of the Standard Specifications and these technical provisions for slurry seal.
1.01 WORK INCLUDED
Work covered by this section includes furnishing and placing Slurry Seal over pavement surface on Colma Blvd from Junipero Serra Blvd to El Camino Real and on Serramonte Blvd from El Camino Real to Hillside Blvd as shown on the project plans. It shall include providing Type II Slurry Seal as stated in the Contract Documents and directed by the Engineer.
1.01 REFERENCES
A. Standard Plans and Specifications, California Department of Transportation, 2018 edition, unless noted otherwise.
B. California Manual on Uniform Traffic Controls (CA MUTCD), California Department of Transportation, latest edition, unless noted otherwise.
1.02 SUBMITTALS
A. Certificate of Compliance for Asphalt Binders, Emulsion, and Screenings and other materials used under this Section in conformance with the requirements of the Contract Documents.
B. Certificate of Compliance for Slurry Seal Asphalt Emulsion and Aggregate and other materials used under this Section in conformance with the requirements of the Contract Documents.
C. Certified weight tickets furnished at the time of delivery to the inspector in the field.
D. Submittals shall conform to the provisions of Section 37-3.01A(3) “Submittals,” of the Standard Specifications.
PART 2 - PRODUCTS
2.01 AGGREGATE
The Aggregate for slurry seals shall be Type II as specified in Aggregate Section of the State Standard Specifications.
Aggregates shall be black in color. The use of gray or light -colored aggregate will not be allowed.
2.02 ASPHALT BINDERS
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D. Asphalt Binder shall conform to the provisions of Section 92, “Asphalt Binders”, of the Standard Specifications and shall be paving asphalt Performance Grade PG 64-10 in conformance to Section 92-1.02(B) of the State Standard Specifications, unless otherwise directed by the Engineer.
E. Asphalt Binder shall be Polymer Modified Asphalt Emulsion Seal coat conforming to Section 37-3.02B(3) of the Standard Specifications unless otherwise directed by the Engineer. The spread rate shall be between 0.55-0.65 gal/SY.
PART 3 - EXECUTION
3.01 SURFACE PREPARATION
A. Pavement markers, stripes, and markings shall be removed by grinding or other means acceptable to the Engineer prior to beginning work.
B. Weed removal and eradication shall be completed prior to the start of Slurry Seal Operations.
C. Contractor shall provide access to the Town facilities at all times during working hours.
Contractor must stage accordingly and may not initiate larger areas than can be constructed and reopened in a given day.
3.02 APPLICATION
A. Slurry seal shall be placed in accordance with "Placement", of the State Standard Specifications.
B. Existing pavement surfaces shall be clean and dry prior to application of the slurry seal.
The mixture shall fill all minor cracks, depressions or low areas and leave a uniform surface free from ruts, humps, depressions, or irregularities. Any ridges, indentations, or other objectionable marks left in the surface shall be eliminated by rolling or other means.
C. Place slurry seal only if both the pavement and the air temperature are at least 60 degrees F and rising. The expected high temperature must be at least 65 degrees F within 24 hours after placement. Do not place the slurry seal if rain is imminent or the air temperature is expected to be below 36 degrees F within 24 hours after placement.
D. The mixture shall be of the desired consistency upon leaving the mixer. A sufficient amount of mixture shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregate shall be perm itted. No streaks such as caused by oversize aggregate shall be left in the finished pavement.
E. Longitudinal and transverse joints shall comply with Section 37 -3.01C(5)(c) of the Standard Specifications. All excess materials shall be removed from surfaces upon completion of each run.
F. Squeegees shall be used to spread the mixture in areas not accessible to the mixer/spreader. Care shall be taken to leave no unsightly appearance from handwork.
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G. Slurry seal shall be spread uniformly at rate of fifteen to twenty (13 to 17) pounds of dry aggregate per square yard, in accordance with the recommendations of the laboratory preparing the mix design. The exact spread rate may be adjusted by the Engineer depending on field conditions. The completed spread shall be within ten (10) percent of the specified rate. The spreader box shall be pulled at a rate NOT GREATER THAN 270 FEET PER MINUTE. The mixture must be uniform and homogeneous after spreading, and there must not be separation of the emulsion and aggregate after setting. The finished surface must be smooth.
H. Spread slurry seal in full lane widths. Do not overlap slurry seal between adjacent lanes more than 3 inches.
I. At limits of work, start or finish, a straight -line cut-off shall be obtained by laying down a strip of building paper or other approved material. Such paper and any excess mixture shall be removed and disposed of by the Contractor after application of the slurry seal.
J. Existing utility covers shall be protected and covered by building paper or other approved material. Such paper and any excess mixture shall be removed and disposed of by the Contractor after application of the slurry seal.
K. Edge limits of the work on both sides of the street shall be maintained in a neat, straight, and uniform line. Slurry seal application shall extend to the gutter lip. In the event that the work extends onto the gutter more than one (1) to two (2) inches or is not in a neat, straight, uniform line, it will be the Contractor’s responsibility to remove all excess mixture from the gutters using an appropriate method. Any runs or drips that spill onto any concrete surface shall be removed the same day that the spill occurs. All work associated with the removal of mixture from the concrete surfaces shall be conducted at the Contractor’s expense.
L. Following application of the slurry seal, the Contractor shall protect the work from any traffic that may cause damage to the finished surface or result in tracking of the material until such time as the material has sufficiently cured. Within 1 hour after placement, the slurry seal must be set enough to allow traffic. Slurry seal must not exhibit distress from traffic such as bleeding, raveling, separation, or other distress.
M. Once the slurry seal has cured and is open to traffic, any excessive raveling of the aggregate from the mixture shall be swept up and the surface maintained until such time as the raveling ceases. This requirement for sweeping shall apply to both roadway surfaces and adjacent sidewalks/pedestrian facilities.
N. A sand blotter shall not be used.
O. The completed surface shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irregularities. Any ridges, indentations or other objectionable marks left in the surface by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentatio ns, or other objectionable marks in the surface shall be discontinued, and acceptable equipment shall be furnished by the Contractor.
3.03 ROLLING
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A. Slurry seal shall be rolled by a self-propelled, 10-ton pneumatic roller with a tire pressure of 50 PSI, equipped with a water spray system. All tires shall be smooth surfaced and inflated to the same pressure.
B. The surfaced areas shall be subjected to a minimum of two (2) full coverage passes by the roller or until the material is compacted to a uniform surface.
C. Rolling shall not commence until the slurry seal has cured enough so that it will not pick up on the tires of the roller, but no more than twenty-four (24) hours after placement.
3.04 MAINTENANCE SWEEPING
A. The Contractor shall provide all necessary equipment, skill, and manpower to sweep all completed slurry sealed pavement surface to the satisfaction of the Engineer, and in accordance with these Technical Specifications. Sweeping shall not begin until a sufficient bond has developed between the emulsion and the aggregate. Sweeping shall not dislodge aggregate or patches of applied surface.
B. The Contractor shall use a commercial sweeper to sweep each site after slurry seal.
C. During the sweeping, the sweeper shall use only the rear broom. The front brooms shall not be used during this sweeping operation. Brooms shall be vertically adjustable so as to avoid excess pressure during sweeping.
D. The initial sweeping shall be performed no sooner than three (3) calendar days after the slurry seal has been applied to the street. The Contractor shall conduct additional sweeping at seven (7) calendar days after the slurry seal has been applied. A final sweeping shall be performed no sooner than twenty -eight (14) days and no later than forty-two (28) days following the slurry seal application. The Contractor shall submit a schedule of the dates for sweeping. The sweeping schedule shall be approved in advance by the Engineer.
3.05 TEMPORARY PAVEMENT DELINEATION
A. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section 12 -3.01, “General”, of the Standard Specifications and these Technical Provisions. Nothing in these Technical Provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department of Transportation.
B. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt or loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation.
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no longer required for the direction of public traffic, as determined by the Engineer.
3.06 MIXING AND SPREADING
A. The slurry seal shall be mixed, spread, and placed in accordance with the provisions of Section 37 of the Standard Specifications with the following exceptions and additions:
1. The slurry seal mixture shall not be applied prior to 8:00 A.M. and after 1:00 P.M., except if approved by the City Inspector. Approval of application after 1:00 P.M. will only be for the purpose of completing the section of work then underway.
2. Beginning a new section of work after 1:00 P.M. will not be permitted.
3. Slurry seal shall not be applied when the atmospheric temperature is less than 60 degrees Fahrenheit, or more than 95 degrees Fahrenheit, which prolongs the curing beyond a reasonable time.
PART 4 - MEASUREMENT AND PAYMENT
Bid Item 6
The bid item shall be measured on a square yard basis based on the actual pavement area slurry sealed.
It shall include full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work associated with this Section, including, but not limited to surface preparation, removal of pavement markers, markings and striping, protecting all utilities and appurtenances, slurry seal application, protecting the slurry seal until it has set, sweeping, and complete-in-place, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefore.
END OF SECTION 106
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SECTION 107 - PAVEMENT STRIPING AND MARKINGS PART
1 – GENERAL
Attention is directed to the provisions in Section 84 -2, “Traffic Stripes and Pavement Markings,” of the Standard Specifications and these technical provisions for markings.
1.01 WORK INCLUDED
A. It shall consist of placing pavement striping, markings, and raised pavement markers, placing temporary markers and painting curbs at the locations shown on the project plans and in accordance with the Contract Documents to the dimensions and details shown in the Caltrans Standard Plans, 2018 edition. Nothing in this Section shall relieve the Contractor from his responsibilities as provided in Section 7 -1.04, "Public Safety", of the State Standard Specifications.
B. It shall also consist of grinding existing thermoplastic striping and legends as shown on the project plan and as directed by the Engineer.
1.01 REFERENCES
A. Standard Plans and Specifications, California Department of Transportation, 2010 edition, unless noted otherwise.
B. California Manual on Uniform Traffic Controls (CA MUTCD), California Department of Transportation, latest edition, unless noted otherwise.
1.03. SUBMITTALS
A. For each lot or batch of thermoplastic, paint, and glass beads, submit:
1. Certificate of compliance, including the product name, lot or batch number, and manufacture date
2. METS notification letter stating that the material is authorized for use, except for thermoplastic
3. SDS
4. Material data sheet for thermoplastic primer
B. For each lot or batch of thermoplastics, submit a manufacturer's certificate of compliance with test results for the tests specified in section 84 -2.01D. The date of the test must be within 1 year of use.
C. For glass beads used in drop-on applications and in thermoplastic formulations, submit a certificate of compliance and test results for each lot of beads specifying the EPA test methods used and tracing the lot to the specific test sample. The testing for lead and arsenic content must be performed by an independent testing laboratory.
FY 2024-25 SLURRY SEAL PROJECT 119
PART 2 - PRODUCTS
2.01 TEMPORARY PAVEMENT MARKERS (FLOPPIES)
Short term, temporary pavement markers shall be day/night retro reflective raised pavement markers conforming to the requirements of Section 84 of the State Standard Specifications and the CA MUTCD.
2.02 THERMOPLASTIC STRIPES AND MARKING
A. The thermoplastic material shall conform to State Specification PTH -02SPRAY, PTH- 02HYDRO or PTH-02ALKYD with a minimum skid friction value of BPN = 35.
B. Glass beads to be applied to the surface of the molten thermoplastic material shall conform to the requirements of State Specification 8010 -22L-22 (Type II), or AASHTO Designation:
M 247 (Type 1).
C. Stencils for pavement markings shall be US customary units (English), in accordance with the State Standard Plans.
2.04 ADHESIVES
Adhesive for pavement markers shall be either rapid set epoxy or hot melt bituminous adhesive conforming to the requirements of Section 85 of the State Standard Specifications.
2.05 RAISED PAVEMENT MARKERS
Pavement markers shall be of the type called for in the Contract Documents and shall conform to the requirements of Section 84 -2 “Traffic Stripes and Pavement Markings” of the State Standard Specifications and the CA MUTCD. All pavement markers shall be pl astic. Ceramic markers will not be allowed.
2.06 REFLECTORIZED MARKERS
Retro reflective markers shall be of the size and type designated on the plans and shall conform to the requirements of Section 8 of the State Standard Specifications. Mounting hardware shall conform to the requirements of Section 81-3.02C “Retroreflective Pavement Markers” of the State Standard Specifications.
2.07 CURB PAINTING
Curb paint shall be of a latex base consisting of color in accordance with Town Standards.
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PART 3 – EXECUTION
Permanent striping and markings shall be completed within fourteen (14) calendar days of each road’s paving or paving treatments. Completed traffic stripes and pavement markings shall have clean and well -defined edges without running or deformation shall be uniform, straight on a tangent alignment, and on a true arc on a curved alignment. The width of completed traffic stripes and pavement markings shall not deviate in dimensions as specified in Section 81 -3.02C of the State Standard Specifications.
3.01 REMOVAL OF EXISTING MARKING AND MARKERS
A. Before obliterating any pavement delineation or markings that are to be replaced in the same direction, the Contractor shall document and reference the existing pavement delineation and markings with sufficient control points to reestablish their alignment.
B. Existing pavement markings, markers, buttons, and striping shall be removed and disposed of as required by the Contract Documents and as directed by the Engineer. Removal
shall be performed in such a manner so as to leave the existing pavement undamaged. Should the removal process leave a divot of more than 1/4 inch deep, each divot shall be repaired with an approved bituminous adhesive.
C. Waste from removal of yellow painted traffic stripe may contain lead chromate. Residue produced when yellow paint is removed may contain heavy metals in concentrations that exceed thresholds established by the California Health and Safety Code and may prod uce toxic fumes when heated. As such, when grinding or other methods approved by the Engineer are used to remove yellow painted traffic stripes, the removed residue, including dust, shall be collected and contained immediately. The Contractor shall submit a written work plan for the removal, storage, and disposal of yellow painted traffic stripe to the Engineer for approval not less than 15 days prior to the start of the removal operations. Removal operations shall not be started until the Engineer has approved the work plan.
3.02 TEMPORARY PAVEMENT MARKERS (FLOPPIES)
A. If permanent pavement markers cannot be installed immediately after resurfacing, short-term temporary retro reflective pavement markers shall be installed prior to opening the street to traffic. Temporary markers shall be monitored, maintained and replaced by the contractor as necessary until such time that permanent striping can be applied.
B. Temporary pavement markers shall be placed not more than 12-feet apart on curves nor more than 24-feet apart on straight segments, in the quantity and appropriate colors to delineate centerlines (two yellow markers spaced 3-inches apart) and travel lanes (single white marker). Edge lines, median lines and bike lanes need not be marked.
3.03 LAYOUT AND CAT-TRACKING
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A. No permanent striping or application of pavement markers shall occur until after the Contractor has field marked and established a satisfactory alignment and layout for the proposed striping (cat -tracking) and this alignment has been approved by the Engineer.
B. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope.
C. The Town shall have the right to make changes in the location and alignment of line stripes. Striping and traffic markings shall not be applied until approval is granted by the Public Works Director. The Contractor shall allow a minimum of three working days for review of the layout by the Town.
3.04 THERMOPLASTIC STRIPES AND MARKING
A. Thermoplastic stripes and markings shall be hot applied in conformance with the manufacturer's recommended instructions and the applicable requirements of Section 84 - 2.03C(2) of the Standard Specifications.
B. Thermoplastic material shall be applied only to dry pavement surfaces and only when the pavement surface temperature is above fifty degrees (50°) Fahrenheit. The thermoplastic material shall be applied to the pavement at a temperature between 400 degrees ( 400°) Fahrenheit and 425 degrees (425°) Fahrenheit.
C. A primer, of the type recommended by the manufacturer shall be applied to all pavement surfaces over 6-months old. The thermoplastic material may be applied by either spray or extrusion method in a single uniform layer.
D. Thermoplastic material for both pavement markings and traffic stripes shall be applied at a thickness of 0.100 to 0.150 inch. Glass beads shall be applied immediately to the surface of the molten thermoplastic material at a rate not less than eight pounds per hundred square feet (8 lbs/100 sf).
E. The contractor shall not place pavement markings and markers on any manhole, valve, anode, detector handhole, or monument rim and cover.
For lane striping, placement of markings or markers shall discontinue on the rim and cover and shall continue along the same alignment, as shown in the drawings. Any cover marked during the construction of the project shall be restored to its original condition or replaced, in kind, at the contractor’s expense.
3.06 ADHESIVES
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or delineators, shall be free of dirt, oil, moisture, or any other material that would adversely affect the bonding of the adhesive.
B. Adhesive shall be placed in sufficient quantity to completely cover the bottom of the marker or delineator with no voids and with slight excess after the marker has been pressed into place. The marker or delineator shall be protected against impact until the adhesive has hardened.
3.05 RAISED PAVEMENT MARKERS
A. Pavement markers shall be installed in conformance with the requirements of Section 84, “Markers” of the State Standard Specifications.
B. The pavement markers shall be stored indoors and shall be protected from any source of moisture both during shipment and at the job site.
C. Pavement markers shall not be applied to new asphalt concrete surfacing or seal coats until the Street surface has been opened to traffic for a period of not less than 7 days when hot melt bituminous adhesive is used, and not less than 14 days when epoxy adhesive is used.
D. Markers shall be installed accurately to the dimensions established in the Contract Documents and in an alignment approved in the form of Cat - Tracking by the Engineer.
3.06 REFLECTORIZED MARKERS AND DELINEATORS
A. Reflectorized markers and delineators shall be installed in conformance with the requirements of Section 81 “Miscellaneous Traffic Control Devices” of the Standard Specifications.
B. Reflectorized markers and delineators shall be installed accurately at the locations called for in the Contract Documents or as required by the CA MUTCD.
C. The Contractor shall furnish and install a blue reflective marker for every fire hydrant.
3.07 CURB PAINTING
The temperature during application shall not be less than 50 degrees Fahrenheit. Curb shall be dry at least two days prior to application. Unless otherwise directed by the Public Works Director, existing curb and median island painting shall be repainted w ithin the project limits, and all curb painting eliminated as a result of new curb and gutter improvements shall be restored.
3.10 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
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The Contractor shall protect the newly installed pavement markers and thermoplastic stripes from damage until the material has cured or sufficiently hardened. Contractor shall replace any broken, misaligned or otherwise disturbed markings, prior to opening the roadway to traffic.
Existing signs or other markings removed or damaged due to the installation of roadway striping shall be replaced in kind. Existing landscaping or planting removed damaged or disturbed shall be replaced in kind.
3.11 CLEAN-UP
Upon completion of the installation of striping, the Contractor shall thoroughly clean the work site of all waste, rubbish, construction debris, drips, over - spray, improper markings and/or layout paint markings and tracked thermoplastic material; all of wh ich shall be removed immediately from the pavement surface by methods approved by the Engineer.
PART 4 - MEASUREMENT AND PAYMENT
Bid Items 7, 8, 9, and 14
These bid items shall be measured on a per linear foot basis based on the actual length of installed pavement thermoplastic stripes.
Bid Item 15
This bid item shall be measured on a per square foot basis based on the actual length of installed pavement thermoplastic stripes.
Bid Items 10, 11, 12, 13, 16, 17, 18, and 19
These bid items shall be measured based on the actual quantities of each thermoplastic pavement and marking installed.
Bid Items 7 -19 shall include full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work associated with this Section, including, but not limited removal of the existing pavement stripes and markings, paint pavement stripes and markings, and complete-in-place, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed, therefore.
END OF SECTION 107
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SECTION 108 - UTILITY STRUCTURE ADJUSTMENTS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. This work shall consist of adjusting to grade Town and Public owned facilities, such as valves, manholes, cleanouts, inlets, grates, monument covers, pull boxes, vaults and other surface facilities. The work includes adjusting frames, covers, grates and manholes to finish grade after paving.
Town-owned facilities consist of:
1. Storm Drain Manholes, Catch Basins, Junction Boxes
2. Sanitary Sewer Manholes and Cleanouts
3. Survey Monuments
Public-owned facilities consist of:
1. Water Valves & Meters (Cal-Water)
2. Gas Valves (PG&E)
3. Electric Pull Boxes and Vaults (PG&E)
4. Telephone Manholes and Vaults (AT&T)
5. Survey Monuments
B. Public owned facility agencies reserve the right to perform the work using their own forces after the contract is awarded. These bid items could be revoked if they elect to perform their own work.
C. Work shall include locating all existing surface facilities and setting sufficient reference points prior to grinding and paving to enable their subsequent retrieval by the Contractor.
1.02 REFERENCES
A. Comply with Section 15, “Existing Facilities”, of the State Standard Specifications, unless otherwise specified herein.
B. Comply with Section 71 -5, “Adjust Drainage Structures”, of the State Standard Specifications, unless otherwise specified herein.
C. Comply with Section 78-2, “Survey Monuments”, of the State Standard Specifications, unless otherwise specified herein.
1.03 SUBMITTALS
A. Contractor shall submit certificates from suppliers stating compliance of materials with the requirement of this section.
PART 2 - MATERIALS
A. Portland cement concrete used for adjusting covers and smooth grouting of internal manhole wall shall comply with Section 51-7, “Minor Structures”, of the State Standard FY 2024-25 SLURRY SEAL PROJECT
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Specifications, unless otherwise specified herein.
B. Comply with Section 52, “Reinforcement”, of the State Standard Specifications, unless otherwise specified herein.
PART 3 - EXECUTION
3.01 EXISTING UNDERGROUND FACILITIES
A. At least two (2) working days in advance of any saw cutting, cold planing, or any excavation work, the Contractor shall notify Underground Service Alert (USA).
B. The Contractor’s attention is directed to the existing storm drain, water, gas, electric, sanitary sewer, cable TV, fiber optic, and telephone lines within the limits of work. Prior to excavating near these existing facilities, the Contractor shall pothole the existing facilities and inform the Public Works Director of the actual depth of each line. The Contractor shall use caution while potholing these facilities and shall adjust the limits and/or depths of the various paving work shown on the Plans, as directed by the Public Works Director.
3.02 REFERENCING AND MARKING EXISTING FACILITIES
A. The Contractor shall reference and set points for all affected utilities. The Contractor shall submit a plan to the Public Works Director at least forty -eight (48) hours in advance of cold planing or excavation operations, showing all reference points and offset distance set for each affected facility.
B. All reference points made by the Contractor shall be protected and remain undisturbed until project completion. The Contractor shall cooperate with all utility companies and shall coordinate the paving schedule with the affected utility agencies.
C. Contractor shall be responsible for noting and field referencing (as needed) all existing monuments. These consist of Town, County and BART monuments in monument wells, but may also include unprotected iron pipes and railroad spikes. Contractor shall walk each street thoroughly, and catalog each existing monument of record, of whatever character and submit his records to the Public Works Director.
3.03 ADJUST TOWN-OWNED SURFACE FACILITIES
A. This work shall consist of adjusting manholes, cleanouts and survey monument covers to finished grade following placement of the top layer of asphalt concrete pavement.
B. Manholes, cleanouts and monument covers adjustment shall include removal of the existing concrete collar, re-using the existing frame and cover, removal of riser ring as required.
C. Prior to any monument adjustment, Contractor shall verify the depth of cover to the monument disk at each location. The Contractor shall preserve the survey point of all monuments in its undisturbed location and condition.
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facility shall be within 1/8 inch of the adjacent finished grade. Adjustment to final grade shall not be made until the top layer of paving has been completed immediately surrounding it.
E. This work shall also include placement of temporary asphalt around the manhole, valve and survey monument if the permanent asphalt concrete patching cannot be placed the same day the facility is adjusted to finished grade.
3.04 ADJUSTING PUBLIC-OWNED SURFACE FACILITIES
A. The Contractor shall cooperate with and coordinate all adjustments with the public - owned surface facilities, including utility covers and monuments.
B. The Town reserves the right to delete portions or all of the aforementioned bid items after the contract is awarded to the Contractor, depending on the utility agencies’ acceptance and/or rejection of the unit prices provided by the Contractor. Therefore, no price negotiation shall be made for the deletion of a portion of, or the entirety of, each bid item.
C. Contractor shall provide written notice to the appropriate utility agencies and BART at least two (2) weeks in advance of start of work. Notification shall include all relevant project information including locations, size, scope and schedule of affected facilities.
Contractor shall provide written notice at least two (2) working days in advance of changes in schedules.
D. If Contractor fails to provide notice to the appropriate utility agencies and BART pursuant to these procedures prior to conducting work, the Contractor buries, lowers, fills-in, paves over, or otherwise damages will bill Contractor for the cost of repairi ng its facilities.
E. The Contractor shall adjust the existing public -owned facilities to grade. This work shall consist of adjusting facilities to finished grade following the top layer of asphalt concrete pavement. The Contractor shall cooperate and coordinate adjustments with the various utility owners.
F. Adjustment to finished grade of frames and covers shall consist of resetting the frame to grade by adjusting and/or reconstructing the existing concrete riser rings within the project limit. The top 12", minimum, of the existing concrete collar shall be reconstructed and existing concrete riser rings shall be replaced, if damaged. The reconstructed sections shall be at least equal in quality to the existing structure. The adjusted frames and covers shall conform to utility agencies’ specifications.
G. The top surface of the adjusted facility shall be within 1/8 inch of the adjusted finished grade. Adjustment to final grade shall not be made until the final paving or surfacing has been completed immediately surrounding it. If permanent asphalt concrete is not placed the same day the facility is adjusted to finished grade, the Contractor shall place temporary asphalt concrete prior to opening the lane to public traffic.
H. Upon completion of utility adjustments done by the Contractor, the Contractor shall provide written documentation from utility agencies regarding each utility’s acceptance of the facility work.
FY 2024-25 SLURRY SEAL PROJECT
128
3.05 Unknown Utility Box
A. Any unknown utility box shown or not shown on the Project Plans for adjustment shall be adjusted to final grade. The Contractor shall coordinate with the Public Works Director and determine if the unknown facility is abandoned or active. Contractor shall assume “active”, adjust as necessary, install a new concrete collar, and provide a new frame and cover.
PART 4 – MEASUREMENTS AND PAYMENTS
Bid Item 20 (Revocable)
This bid item shall be measured based on the actual quantities of each Surface Utility Adjustment Manhole.
Bid Item 21 (Revocable)
This bid item shall be measured based on the actual quantities of each Surface Utility Adjustment Water Valve or Monument Casing.
Bid Items 20-21 shall include full compensation for furnishing all transportation, labor, materials, tools, equipment, and incidentals necessary to perform all work involved in this section, including but not limited to: excavating and backfilling, removal and disposal, protecting existing utilities, adjust manhole frame and cover, adjust water valve box or monument casing, complete in place, and complying with the requirements as specified in this section, as described in the Contract Documents, as shown on the plans, as specified herein, and as directed by the Town Engineer, and no additional compensation will be allowed, therefore.
END OF SECTION 108
FY 2024-25 SLURRY SEAL PROJECT
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THIS PAGES INTENTIONALLY LEFT BLANK
FY 2024-25 SLURRY SEAL PROJECT
130
SECTION 109 - SIGNAL LOOP DETECTOR
PART 1 - GENERAL
This work includes replacing traffic signal loop detectors and adjusting, replacing, or installing new handholes.
Comply with Section 86 and 87, “Electrical Systems”, of the Caltrans Standard Specifications.
PART 2 - MATERIALS
Signal loop detector shall be Type E loop configuration per Caltrans Standard Plan ES- 5B, unless otherwise noted or approved by the Town Engineer.
PART 3 - CONSTRUCTION
When working at signalized intersections where the traffic signal detector loops may be affected by the work, the Contractor must notify the Town Engineer at least 72 hours prior to working in that area.
Schedule pavement replacement or grinding and paving operations at existing traffic signal loop detector locations so that no more than two (2) weeks (14 calendar days) elapse between abandonment of existing loops and installation of new loops. By way of ascertaining and fixing the amount of damages, and not by way of penalty, the Town will deduct from moneys due or that may become due to the Contractor under the contract the sum of One Thousand Dollars ($1,000) per day for each signalized intersection that remains without working signal loop detectors beyond 14 calendar days from the date the loops were first abandoned.
The Contractor shall test each detector loop as specified in standard specifications. Refer to the Electrical System Standard Plans for Loop Detectors provided in Appendix B.
PART 4 – MEASUREMENT AND PAYMENT
Bid Item 22 (Revocable)
This bid item shall be measured based on the actual quantities of each signal loop detector installed.
Bid Item 22 shall include full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work associated with this Section, including, but not limited removal of the existing pavement stripes and markings, paint pavemen t stripes and markings, and complete -in-place, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed, therefore.
END OF SECTION 109
FY 2024-25 SLURRY SEAL PROJECT
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THIS PAGES INTENTIONALLY LEFT BLANK
FY 2024-25 SLURRY SEAL PROJECT
132
SECTION 110 - TRAFFIC DETECTION CAMERA
PART 1 - GENERAL
This work includes installing traffic video cameras at Colma Boulevard-Junipero Serra Boulevard intersection.
Comply with Section 86 and 87, “Electrical Systems”, of the Caltrans Standard Specifications.
PART 2 - MATERIALS
Traffic Camera Detection shall be Iteris Vantage Vector Hybrid Camera Detection. More Information about this detection system is available at this link:
https://www.iteris.com/oursolutions/traffic-detection/vantage-vector
PART 3 - CONSTRUCTION
The Vantage Vector Hybrid System shall be installed in the controller cabinet for video detections. The contractor shall install Iteris Vantage Vector Hybrid Video Detection on the traffic signal mast arm per each approach . The installation shall be the vendor’s recommendations.
Engineer, Electrical Maintenance Supervisor and Engineering staff will check for the proper location of the cameras with the camera manufacturer. Contractor must provide a bucket truck and personnel to adjust cameras as required by the Engineer, Electrical Maintenance Supervisor and Engineering staff
The Installation of traffic video camera detection system must be completed and tested prior to the installation of the detector handhole box and slurry seal. The work the Contractor must notify the Town Engineer at least 72 hours prior to working in that area.
Contractor shall coordinate all activities with the Town of Colma, Public Works Department, and obtain all necessary permits and approvals prior to commencing any work.
PART 4 – MEASUREMENT AND PAYMENT
Alternate Bid Item “A1”
This alternate bid item shall be measured based on the actual quantities of each signal loop detector installed.
Alternate Bid Item A1 shall include full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work associated with installation of the traffic video camera detection system, including, but not limited to installation and alignment of camera units according to manufacturer specifications and approved shop drawings, and testing and commissioning of the complete system , as specified in these specifications, and as directed by the Engineer, and no additional compensatio n will be allowed, therefore.
END OF SECTION 110
FY 2024-25 SLURRY SEAL PROJECT
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FY 2024-25 SLURRY SEAL PROJECT
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APPENDIX A
SITE EXHIBITS
Imagery ©2025 Airbus, Maxar Technologies, Map data ©2025 100 ft Colma Blvd
2025 Slurry Seal Project - Digout Repairs
2/25/25, 5:39 PM Colma Blvd - Google Maps
https://www.google.com/maps/place/Colma+Blvd,+Colma,+CA+94014/@37.6782737,-122.4656488,373m/data=!3m1!1e3!4m6!3m5!1s0x808f7bf4445e778f:0xcfb75e0f3c01d5b8!8m2!3d37.6773753!4d-… 1/1 Google Maps
Imagery ©2025 Airbus, Maxar Technologies, Map data ©2025 200 ft Serramonte Blvd
2025 Slurry Seal Project - Digout Repairs
2/25/25, 5:43 PM Serramonte Blvd - Google Maps
https://www.google.com/maps/place/Serramonte+Blvd,+California/@37.6785697,-122.4559723,747m/data=!3m1!1e3!4m6!3m5!1s0x808f7bf3082618e1:0x725c36e7f4236d8a!8m2!3d37.672843!4d-122.… 1/3 Google Maps
Imagery ©2025 Airbus, Maxar Technologies, Map data ©2025 Google 200 ft Junipero Serra Blvd & Serra Ctr
2025 Slurry Seal Project - Digout Repairs
2/27/25, 4:57 PM Junipero Serra Blvd & Serra Ctr - Google Maps https://www.google.com/maps/place/Junipero+Serra+Blvd+%26+Serra+Ctr/@37.6731913,-122.4686178,747m/data=!3m1!1e3!4m6!3m5!1s0x808f7bf258c59731:0x4e0d3c4ec222ee92!8m2!3d37.67336… 1/1 Google Maps
Imagery ©2025 Airbus, Maxar Technologies, Map data ©2025 200 ft Junipero Serra Blvd Blvd
2025 Slurry Seal Project - Digout Repairs
2/27/25, 5:19 PM Junipero Serra Blvd Blvd - Google Maps https://www.google.com/maps/search/Junipero+Serra+Blvd+Blvd/@37.6800577,-122.470477,747m/data=!3m1!1e3?authuser=0&entry=ttu&g_ep=EgoyMDI1MDIyNS4wIKXMDSoASAFQAw%3D%3D 1/3 Google Maps
Imagery ©2025 Airbus, Maxar Technologies, Map data ©2025 200 ft Hillside Blvd
2025 Slurry Seal Project - Digout Repairs
2/25/25, 5:46 PM Hillside Blvd - Google Maps
https://www.google.com/maps/place/Hillside+Blvd,+California/@37.6733312,-122.4422003,747m/data=!3m1!1e3!4m6!3m5!1s0x808f794fd16f79dd:0xb69957755ccd9622!8m2!3d37.6750749!4d-122.442… 1/3 Google Maps
FY 2024-25 SLURRY SEAL PROJECT
134
APPENDIX B
ELECTRICAL SYSTEM STANDRAD PLANS
(LOOP DETECTORS)
Ul
0 .b
£P
PULL 801 PU~l BOX FVl.l BOX
SAW CUT DETAILS
l)'s:Mt A loop ottk-t1);r- c.ont'IOUr"01fom l!lut1rot.O
WINDING DETAILS
TYPICAL LOOP CONNECTIONS
Do•Md lln.t• ~ • ._.,,, 'TM pull OOV
SECTION A· A
LOOP S(AI.ANT
i~~f.J.rf UNL£SS
OIHWISE SPECIFIED)
~
• Ml" TO Yf ..,, FOIi TYPE I LOOP CONOIJC~OA ¾" .... ro Y," Min FOft TYPC 2 LOOP COIC>UCTOA ~ r 1 ~
LOOP SEALAl'tl fl.
~ •:~,'• \,' LOOP SEALAJ<f
, •• , .. , • ., .. , _ , OOP COtlOVCTOIIS •• •• ,. zna LOOP (TWISTED) (IWISlCOJ • ' In LOOP (TWIS1ED)
SECJION B-B SECIJON c-c
SLOT DETAILS - TYPE 1 AND TYPE 2 LOOP CONDUCTOR
ABBREVIATIONS:
S • SfARl
r • FINISH
STATE Of" CAL1FOR.:NIA
O(PARNENT Of TRANSPORTATION
ELECTRICAL SYSTEMS
(LOOP DETECTORS)
NO SCALE
ES·5A
N
0 ..
QI
(h
... > z
Cl
> :u
Cl
'V ,...
> z
m
(h
I
CII
>
(JI
0 (JI
WINDING DETAIL SAW CUT DETAIL
TYPE A LOOP DETECTOR CONFIGURATION
"ii.. "ii,. OIIAtNTION PCR PLA>I I
l'-0" \>
_....,_________________." ~
WINDING DETAIL SAW CUT DETAIL
TYPE C LOOP DETECTOR CONFIGURATION
~
¼" WIDlH CUT
WINDING DETAIL SAW CUT DETAIL
TYPE E LOOP DETECTOR CONFIGURATION
tmE.Si
1. ROl.ltld oor~rt Of' aeut♦ ong) ♦ tow outt to pr,..,.o t <klffiO!)t to c:QflOUC-tort. 2- l~PJ~~~lltf,::o~:'f~t:ri?,l~! ,';:. ~~ to~ I• 10· ro,. Tyi,. ••
3. Ott Type O 1o,,oe ror llmft llnt dtrtoetlon ~ t.ilcyc1t 10off,
WINDING DETAIL SAW CUT DETAIL
TYPE 8 LOOP DETECTOR CONFJGURATJON
~
WINDING DETAIL s SAW CUT DETAIL
TYPED LOOP DETECTOR CONFIGURATION
~
WINDING DETAIL SAW CU1 DETAIL
TYPE Q LOOP DETECTOR CONFIGURATION
~·
Ol~•L SL~T~
PLAN VIEW OF
DIAGONAL 5LOT
AT CORNERS
STATE or CALlrORNIA
OtPARtlAtNT ~ ]ffA.NSPOI\TAflON
ELECTRICAL SYSTEMS
<DETECTORS)
NO SCALE
ES-58
fl)
g
00 u,
~
►
z
0 ►
:z,
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OI
11D
Signal Loop Detection Locations – Colma Boulevard
I
- - - -
• JI.• 4 II
Staff Report re FY2024-25 Annual Investment Report Page 1 of 6
STAFF REPORT
TO: M
ayor and Members of the City Council
FROM: Stuart Schillinger, Consultant
VIA: Dan Barros, City Manager
MEETING DATE: April 23, 2025
SUBJECT: FY2024-25 Annual Investment Report
RECOMMENDATION
Staff recommends the City Council adopt/make the following:
RESOLUTION (1) TO TRANSFER $5,000,000 FROM THE GENERAL CHECKING ACCOUNT
AND INVEST THE ADDITIONAL FUNDS WITH BANK OF NY MELLON/PERSHING WITH MULTI-BANK SECURITIES PURCHASING US TREASURY BONDS OFFERINGS AND (2) AMENDING COLMA ADMINISTRATIVE CODE SECTION 4.02.070, RELATING TO THE
SUMMARY OF INVESTMENT PARAMETERS AND ADDITIONAL LIMITS PURSUANT TO CEQA GUIDELINE 15378; AND
MOTION TO ACCEPT THE FISCAL YEAR 2024-25 ANNUAL INVESTMENT REPORT THROUGH DECEMBER 31, 2024 PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
A periodic review of the Town’s investment performance aligns with the City Council adopted responsibility value. It exemplifies financial accountabilities and ensures the safekeeping of public funds.
BACKGROUND
Periodically, the City Council reviews and approves the Town’s investment policy for compliance with State statute (California Government Code Section §53600, et seq.) and sets investment guidelines for the safekeeping of public funds. For day-to-day operations, the City Council designated the City Manager, or his designee, to maintain cash balances to meet daily operational needs and to keep the Town’s purchasing power through safe and secure investments. Most of the Town investments are placed in the State and the San Mateo County investment pools, which invest funds for more than one public agency. Both pools comply with the State statute and allocate most of their funds in agency and treasury bonds.
AGENDA ITEM #6
Staff Report re FY2024-25 Annual Investment Report Page 2 of 6 The City Manager, or his designee, is required to review the Town’s investment policy annually and to provide semi-annual investment updates. The Investment Policy has been reviewed and the only update is to amend the Colma Administrative Code section 4.02.070, “Summary of Investment Parameters and Additional Limits,” to change the LAIF program limits max deposit to $75 Million from $65 million. The limit increase was put into effect by the Local Agency Investment Fund (LAIF) on January 1, 2020.
This report summarizes the investment activities for the first half of the Fiscal Year 2024-25. It includes the beginning and ending balances by quarter; net Deposits and Withdrawals by quarter; total interest earned by quarter; the effective annual interest rates earned by quarter; and the cumulative weighted average. This report provides the required information, including additional narrative explanations.
The City Council approved the purchase of
brokered CDs and implemented a 5-year rolling
CD, or step ladder, strategy. This strategy
allows the Town to stabilize its investment
earnings.
ANALYSIS
On December 31, 2024, the Town has a
balance of $55.04 million in various cash and
investment accounts. Unrestricted cash and
investment has an aggregate balance of $41.69
million and restricted investments total $13.35
million. The restricted funds consist of $8.53
million in PARS OPEB Trust to fund future
retiree medical and dental costs, $4.82 million in PARS Pension trust to fund future pension costs, and $373 in Bank of New York Mellon to offset debt payments.
The unrestricted funds of $41.69 million include $17.57 million in Cash-in-Bank, $19.20 million in the State (LAIF) and county (SMCIF) pools, and $4.91 million in brokered CDs. The pooled accounts focus on liquidity and safekeeping of the assets. The investment strategy for both pools invest 50% or more in agency and treasury bonds and the rest in high-quality low-risk investments. The brokered CDs are limited to $250,000 per issuer and are fully insured by FDIC or NCUSIF.
CASH, INVESTMENT, AND RESTRICTED FUNDS
PARS•Pension
$4.82 M, 9%
SMCIF
$16.90M , 31¾
Staff Report re FY2024-25 Annual Investment Report Page 3 of 6 Transaction Activity
Overall, the Town’s unrestricted cash & investments increased by $7,424,764 between 2023 and 2024.
• The increase of $6,526,642 in Cash-in-Bank results from the Town operations costing less then the revenues we received during the same period. • The increase of $98,661.09 in LAIF represents interest earnings distributed from January 2024 to October 2024.
• The increase in SMCIF from December 31, 2023, to December 31, 2024, includes interest earnings of $619,650.29.
• The increase of $179,810.50 in brokered CDs compromises $98,234.04 in interest earnings and $119,123.73 in Net Change in Portfolio. Net Change in Portfolio represents the difference between market price and the beginning balance. The Net Change in Portfolio will be transferred to the Town’s Cash-in-Bank when the CDs mature or when called. The purchase price of the CDs totals $4,960,000.
Town of Colma Cash & Investment
Cash In Bank
Public Agency Investment Pools
Local Agency Investm ent Fund {LAIF)
San Mat eo County Investm ent Fund (SM CIF)
Oth er Investm ent
Brnkered CDs
Total Cash & Investm ent
$
$
$
$
$
Balance
12/31 /2023
11 ,044,6 14
2,212,182
16,275,779,
4,734, 247
34,266,822
$
$
$
$
$
Balance
12/31 /2024
17,571,256
2, 310,843
16,895,429,
4, 914,057
41,691,585
Increase/
(Decrease)
$ 6,526, 642
$ 98, 661
$ 619, 650
$ 179,810
$ 7,424,763
Staff Report re FY2024-25 Annual Investment Report Page 4 of 6
FY 2024-25 Investment Summary by Quarter
FY 2024-25 Portfolio Earnings by Quarter
Earnings / Distribution of Portfolio
The Town’s investment portfolio performed as expected, with a weighted average of 2.162% in 2025Q1 and 2.122% in 2025Q2. The reduction in weighted average is typical of the bond market during economic uncertainties. When the market behaves unpredictably, debt/bond investments become more attractive, allowing companies to refinance the debt/bond at a lower interest rate. The full list of brokered CDs is available in Attachment A.
NOTEs on Brokered CD:
[1] Withdrawals represent
the amount of interest/
dividend transferred back
to the Town’s general
bank account. This is a
monthly transfer, and the
sole purpose is to keep
the brokered CD
purchase value at $5.0
million or less.
[2] Net Change in Portfolio
represents the difference
in closing market value of
the investment and the
beginning value.
Local Agency Investment Fund
Beginning Balance $
Purchases / Deposits
Withdrawals
Dividend/Interest Posted
Ending Balance $
Quarter 1
9/30/2024
LAIF
2,258,280.31
25,480.11
2,283,760.42
an Mateo County Investment Fund (SMCIF)
$
$
Quarter 2
12/31/2024
2,283,760.42
27,082.98
2,310,843.40
$
$
Total
Sep '24 - Dec '24
2,258,280.31
52,563.09
2,310,843.40
Beginning Balance
Purchases / Deposits
Withdrawals
$ 16,732,474.03 $ 16,894,764.47 $ 16,732,474.03
Dd d/lt tP td IVI en n eres OS e ' ' ' 16229044 16295517 32524561 Ending Balance s 16,894,764.47 s 17,057,719.64 s 17,057,719.64 arokered CDs
Beginning Balance $ 4,794,793.70 $ 4,899,826.84 $ 4,794,793.70 Purchases / Deposits - - -
Withdrawals (29,611 .31) (18,560.78) (48,172.09)
Dividend/Interest Posted [11 18,227.78 30,084.35 48,312.13 Net Change in Portfolio [21 116,416.67 2,707.06 119,123.73 Ending Balance $ 4,899,826.84 $ 4,914,057.47 $ 4,914,057.47 iTotal Investment Portfolio
Beginning Balance $ 23,785,548.04 $ 24,078,351 .73 $ 23,785,548.04 Purchases / Deposits - - -
Withdrawals (29,611 .31) (18,560.78) (48,172.09)
Interest Posted 205,998.33 220,122.50 426,120.83
Net Change in Portfolio 116,416.67 2,707.06 119,123.73
Ending Balance $ 24,078,351.73 $ 2.4,282,620.51 $ 2.4,282,620.51 Staff Report re FY2024-25 Annual Investment Report Page 5 of 6
Reasons For the Recommended Action/Findings
The receipt of this report complies with the adopted Town Investment Policy.
As of December 31, 2024, the Town of Colma has $17 Million in cash-in-bank with an annual yield rate of .05%. US Treasury Bonds are the safest investment and are at a 20-year high. It will lock in rates for 5 years. Money market accounts such as LAIF are subject to daily fluctuations in interest rates.
FISCAL IMPACT
There is no fiscal impact in accepting this investment report and approving the update to administrative code 4.02.70. The additional $5 Million invested in US Treasury Bonds has estimated earnings of 4.034%. This would increase anticipated interest earnings of approximately $200,000 for the year, without impacting the City’s ability to meet budgeted expenditures. Decreasing cash in the bank to $12,000,000 and having $19,000,000 in the State Balance(sl
BANK BALANCE $ 14,355,11 4
LAIF 2,283,760
SMCIF 16,894,764
Brokered CDs 4,899,827
TOTAL $ 38,433,466
Effective Annual Interest Rates
BANK BALANCE 0.049%
LAIF 4.463%
SMCIF 3.842%
Brokered CDs
Weighted Average
l..add er S ummary
Tota l P.r;lr,cipa l
Tota l Accrued Inter-est
Tota l lrwes tment
Ne,a 12mo Cpn Cash Flow
Matu rity Value
1.488%
2.162%!
S5 ,0 19,882 .8 1
$21 ,314 .94
$5 ,0 4 1,1 97.75
$202 ,500 .00
S5.000 ,D00 .OO
Y ield vs. Maturity
4 .00 -
3.50 -
300 -
2.50 -
2 .,00 -
1 .50 -
1.00 -
0 50 -
0 .00 -
37.4%
5.9%
44.0%
12.7%
$ 17,571,256
2,310,843
17,057,720
4,914,057
$ 41,853,877
Avera .g.e Coup on
Average Malli rity
Average P rice
Annua ltz.ed Curren t Yleld
Ave rage Yiield to
Ave rage Yiield ID Wors t
Average Duration
0.044%
4.688%
3.82 1%
2.449%
2.122%!
4.050 %
3.D0yr( s)
5 100 .398
4.034 %
3.906 %
3.906%
2.7 5
~Mi,iii~ 9/30/20Z4 12/31/2024
42.0%
5.5%
40.8%
11 .7%
$
Tax Equiva lent Yiield
1, 749.60
25,480.11
162, 290.44
18, 227.78
207,747.93
3.906 %
1,920.8 7
27,082.98
162,955 .17
30,084 .35
$ 222,043.37
Month ly Co·upon Payme nts
S&0,000 -
$70,000 -
180,0 00 -
J.50,000 -
J4.0.000 -
$30, 0 00 -
l-20,000 -
S-10,000 -
$() -
~,~:#:,~\--~~~,~--~: ,,~--~<'~,~ --~
Staff Report re FY2024-25 Annual Investment Report Page 6 of 6 and County money pool leaves the City with $31,000,000 in available cash which is more than it annual budget.
ALTERNATIVES
The City Council could choose not to accept the annual investment report. Doing so is not recommended, because the Town will not be compliant with the Investment Policy. Also, we will not be able to take advantage of the highest interest rates in 20 years for US Treasury Bonds.
CONCLUSION
Staff recommend the City Council accept the report and adopt the resolution to update the administrative code section 4.02.070 and approve additional $5 Million to invest in US Treasury Bonds.
ATTACHMENTS
A. Resolution
B. Portfolio Analysis
C. Mid-Year Investment Summary
D. Ladder Bond Portfolio and Strategy
E. Investment Policy
Res. 2025-__, 2024-25 Annual Investment Update Page 1 of 3 RESOLUTION NO. 2025-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION (1) TO TRANSFER $5,000,000 FROM THE GENERAL CHECKING
ACCOUNT AND INVEST THE ADDITIONAL FUNDS WITH BANK OF NY
MELLON/PERSHING WITH MULTI-BANK SECURITIES PURCHASING US TREASURY BONDS OFFERINGS; AND (2) AMENDING COLMA ADMINISTRATIVE CODE SECTION
4.02.070, RELATING TO THE SUMMARY OF INVESTMENT PARAMETERS AND ADDITIONAL LIMITS, PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve:
1. Background
(a) The City Manager , or his designee , is required to review the Town’s investment policy annually and to provide semi -annual investment updates. T he Investment Policy has been reviewed and the only update is to amend the Colma A dministrative Code section 4.02.070, “Summary of Investment Parameters and Additional Limits,” to change the LAIF program limits max deposit to $75 Million from $65 million. The limit increase was put into effect by the Local Agency Investment Fund (LAIF) on January 1, 2020.
(b) It is the policy of the Town of Colma to invest public funds in a manner which will provide safety, liquidity and yield through a diversified investment portfolio suitable for management by the Town Staff. At all times the policy shall adhere to daily cash flow requirements and conforming to all State statutes (California Government Code (California Government Code) §53600, et seq.) (c) The City Council approved the purchase of brokered CDs and implemented a 5-year rolling CD, or step ladder, strategy. This strategy allows the Town to stabilize its investment earnings. (d) Staff is now recommending that the City Council adopt a resolution to transfer $5,000,000 from the general checking account to the investment account with Bank of NY Mellon/Pershing with Multi-Bank Securities for the purpose of purchasing US Treasury Bond Offerings and approving updates to the Administrative Code section 4.02.070.
2. Finding
(a) As of December 31, 2024, the Town of Colma has $17 Million in cash-in-bank with an annual yield rate of .05%. US Treasury Bonds are the safest investment and is at a 20 year high with current yield of 4.034%. It will lock in rates for 5 years. Money market accounts such as LAIF are subjected to daily fluctuations in interest rates.
3. Amendment to Colma Administrative Code Section 4.02.070; Transfer to Investment Account
(a) Colma Administrative Code Section 4.02.070 is hereby amended to read as follows:
4.02.070 Summary of Investment Parameters and Additional Limits
ATTACHMENT A
Res. 2025-__, 2024-25 Annual Investment Update Page 2 of 3 Investment Type Portfolio Limits Maximum
Maturity
US Treasury Bills, Notes & Bonds None 5 Years
US Government Sponsored Agencies* No more than 20% 5 Years Bankers Acceptances* No more than 20% 180 Days
Commercial Paper* No more than 15% 270 Days
Negotiable CDs* No more than 20% 5 Years
Time CDs None 5 Years
Bank/Brokered CDs No more than 30% 5 Years
LAIF Program limits max deposit to $75 N/A
million
San Mateo County Investment Pool
(SMCIP)
No Max- Minimum program
deposit $250,000 N/A
Money Market Funds* No more than 20% N/A
Medium Term Notes* No more than 15% 5 Years
The investment types denoted with a “*” in the Table above, have further limitations under this policy as follows:
A) Prior to investing in these types requires a separate authorization by a majority of the City Council prior to the purchase.
B) If authorized, the aggregate of these investment types shall not exceed 40% of the total portfolio.
[History: Formerly § 1.03.115; Adopted Res 2011- 05, 3/9/2011; Res 2014 -07, 2/13/14; Res 2016-50, 11/9/16; Res 2018-45, 10/24/18; Res 2019-40, 7/24/19; Res 2025-__, X/XX/XX]
(b) The City Council hereby directs staff to transfer $5,000,000 from the general checking account to the investment account with Bank of NY Mellon/Pershing with Multi-Bank Securities Purchasing US Treasury Bond Offerings. The general checking account (****-7951) will decrease by $5,000,000 and the MBS Investment account (**-7102) will increase by $5,000,000. (c) The funds described in this resolution are hereby listed as described above. //
//
//
Res. 2025-__, 2024-25 Annual Investment Update Page 3 of 3 Certification of Adoption
I certify that the foregoing Resolution No. 2025-__ was duly adopted at a regular meeting of said City Council held on April 23, 2025 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Voting Tally
Dated _____________ ______________________________
Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
I
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• JI.• 4 II
Prepared as a courtesy by:
Multi-Bank Securities, Inc.
1000 Town Center, Ste. 2300
Southfield, MI 48075
(800) 967-9045 • www.mbssecurities.com
Information gathered from sources believed to be reliable, though not guaranteed. This information may include estimates and assumptions that may not occur. Please confirm before investing.
Security descriptions, portfolio performance, market pricing, and cash flow analytics for the portfolio are provided by ICE BondEdge
®. This is neither an offer to purchase nor a solicitation to sell any securities and is used for informational purposes only.
Portfolio Analysis
Member of FINRA & SIPC; MSRB Registered. All Rights Reserved.
ATTACHMENT B
Standard Holdings
Expanded
Port
folio: Town of Colma Currency: USD
Pricing Date: 01/31/2025
Representative: Peter Yanez
Table 1 : Excl. Table 2 Hldgs
Par Value
Orig Face
(000) I
dentifier Issuer Name Sect Industry Moodys Coupon
Coup
Freq Coup Date Maturity Avg Life Price
MV
w/o
Acc
(000)
Accr
Interest
(000) Mkt
Value
% H
eld
(M
V) YTW YTM Mod Dur Eff Dur Conv Ann Income
248,000 248 02589AB27 AMER
ICAN EXPRESS NATL BK BROMM CD
N/A 1.100 SA 09/24 03/24/2025 0.14 99.537 247 1 247,816 5.08 4.385 4.385 0.14 0.14 0.00 2,728 249,000 249 79772FAF3 SA
N FRANCISCO FED CR UN CALIMM CD
N/A 1.100 MTH 04/27 03/27/2025 0.15 99.489 248 0 247,758 5.08 4.393 4.393 0.14 0.15 0.00 2,739 249,000 249 694231AC5 UNITED BUSINESS BK WALNUT MM CD N/A 1.150 MTH 04/30 03/31/2025 0.16 99.473 248 0 247,688 5.08 4.551 4.551 0.15 0.16 0.00 2,863 247,000 247 56102AAJ5 MALAG
A BK PALOS VERDES CALIFMM CD
N/A 0.700 MTH 06/29 05/29/2025 0.32 98.919 244 0 244,339 5.01 4.072 4.072 0.31 0.32 0.00 1,729 249,000 249 33847E3L9 FLAGST
AR BK NATL ASSN HICKSVMM CD
N/A 0.800 SA 11/29 05/29/2025 0.32 98.865 246 0 246,518 5.05 4.364 4.364 0.31 0.32 0.00 1,992 247,000 247 866264DT8 SUMMIT ST BK ROHNERT CA MM CD N/A 0.650 SA 12/12 06/12/2025 0.36 98.680 244 0 243,960 5.00 4.356 4.356 0.35 0.35 0.00 1,605 247,000 247 065847ET8 BANK WIS DELLS WIS CD N/A 0.700 MTH 07/26 06/26/2025 0.42 98.554 243 0 243,452 4.99 4.337 4.337 0.40 0.39 0.00 1,729 248,000 248 39573LBC1 GREE
NSTATE CR UN NORTH LIBERMM CD
N/A 0.950 MTH 05/01 04/16/2026 1.21 96.102 238 0 238,527 4.89 4.295 4.295 1.17 1.17 0.01 2,356 249,000 249 14042RQN4 CAPITAL ONE NATL ASSN VA MM CD N/A 1.250 SA 06/08 12/08/2026 1.85 94.622 236 0 236,069 4.84 4.305 4.305 1.79 1.79 0.02 3,113 249,000 249 14042TEH6 CAPITAL ONE NATL ASSN VA MM CD N/A 1.250 SA 06/08 12/08/2026 1.85 94.622 236 0 236,069 4.84 4.305 4.305 1.79 1.79 0.02 3,113 247,000 247 87165FG32 SYNCHRONY BANK MM CD N/A 1.250 SA 06/10 12/10/2026 1.86 94.606 234 0 234,117 4.80 4.305 4.305 1.80 1.80 0.02 3,088 247,000 247 856285J36 STATE BK INDIA NEW YORK NY MM CD N/A 2.200 SA 09/10 03/10/2027 2.10 95.822 237 2 238,809 4.89 4.302 4.302 2.00 2.00 0.03 5,434 247,000 247 33715LEB2 FIRS
T TECHNOLOGY FEDERAL CR CD N/A 3.650
MTH 09/05 08/05/2027 2.50 98.528 243 1 244,006 5.00 4.304 4.304 2.35 1.81 -0.34 9,016 247,000 247 22551KAU6 CREDIT UN OF TEX ALLEN TEX MM CD N/A 4.400 MTH 01/01 12/09/2027 2.85 100.420 248 1 248,931 5.10 4.279 4.279 2.62 2.62 0.04 10,868 247,000 247 25844MAK4 DORT FINL
CR UN GRAND BLANC MM CD
N/A 4.500 QTR 04/01 12/16/2027 2.87 100.721 249 1 249,694 5.12 4.260 4.260 2.64 2.65 0.04 11,115 244,000 244 795451DH3 SALLIE MAE BK MURRAY UTAH MM CD N/A 4.400 SA 06/13 12/13/2028 3.87 100.511 245 1 246,688 5.05 4.256 4.256 3.50 3.50 0.07 10,736 249,000 249 949764JU9 WELL
S FARGO BANK NATL ASSN MM CD
N/A 4.450 MTH 01/19 12/19/2028 3.88 100.711 251 0 251,135 5.15 4.287 4.287 3.49 3.49 0.07 11,080 244,000 244 89235MPV7 TOYOT
A FINL SVGS BK HEND NV MM CD
N/A 4.200 SA 01/25 07/25/2029 4.48 99.786 243 0 243,646 4.99 4.257 4.257 4.04 4.04 0.10 10,248 245,000 245 68405VCP2 OPTUM BK DRAPER UTAH MM CD N/A 4.050 SA 06/11 12/11/2029 4.86 99.103 243 1 244,189 5.00 4.257 4.257 4.34 4.34 0.11 9,923 249,000 249 59013K2U9 ME
RRICK BK SOUTH JORDAN UTAHMM CD
N/A 4.000 MTH 01/11 12/11/2029 4.86 98.892 246 1 246,787 5.06 4.289 4.289 4.31 4.32 0.11 9,960 4,948,000 4,948 N/A 2.333 2.050 2.05 98.395 4,869 12 4,880,197 100.00 4.308 4.308 1.88 1.86 0.02 115,434