Colma City Council
December 10, 2025

Staff Report – 2025-26 Street Pavement Maintenance Project Informal Bid Package Approval Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning Abdulkader Hashem, Principal Project Manager
VIA: Daniel Barros, City Manager
MEETING DATE: December 10, 2025
SUBJECT: 2025-26 Street Pavement Maintenance Project – Informal Bid Package Approval

RECOMMENDATION
Staff recommends that the City Council adopt the following:

MOTION APPROVING BID DOCUMENT PACKAGE AND AUTHORIZING STAFF TO SOLICIT INFORMAL BIDS FOR THE 2025-26 STREET PAVEMENT MAINTENANCE PROJECT AND

AUTHORIZING THE CITY MANAGER TO APPROVE CHANGES TO THE PLAN DOCUMENTS PURSUANT TO CEQA GUIDELINE 15301

COUNCIL ADOPTED VALUES
Approving the bid document package and directing staff to solicit bids for the 2025-26 Street Pavement Maintenance Project is consistent with the City Council’s value of being responsible , staying committed to the Town’s strategic plan and goals, ultimately providing safe and high- quality roadways for residents and the public.

BA

CKGROUND
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 Town’s current pavement network is in “Good” condition with an average pavement condition index (PCI) of 84, based on the Pavement Management Technical Assistance Program, Round 25 (P-TAP 25), conducted in September 2024. 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).

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 AGENDA ITEM #4
Staff Report – 2025-26 Street Pavement Maintenance Project Informal Bid Package Approval Page 2 of 3
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.

The Town issued the formal bid package for the 2025 Slurry Seal Project on April 28, 2025. On May 20, 2025, two bids were received and publicly opened, both proposals significantly exceeded the Engineer's Estimate for the base bid scope. Consequently, the Town rejected both bids at the City Council meeting on June 25, 2025. To reduce the project cost and align with the annual CIP budget, the Town is now issuing an informal bid for the project, excluding the Slurry work and focusing on roadway repairs and roadway crack sealing. The Slurry component will be included in the next street maintenance program for Fiscal Year 2026-27.

ANALYSIS
The 2025-26 Street Pavement Maintenance 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 performing necessary dig-outs and crack sealing along both roadways to prevent water intrusion into the roadway. The project scope also includes the performance of necessary dig-outs for some areas on the Junipero Serra Boulevard and Hillside Boulevard.

Alternate “A” Bid has been considered in this project for the potential crack sealing of Junipero Serra Boulevard from the Daly City Limit to the South San Francisco City limit.

Selection of these project sites was based on a declining PCI on those roadway, the proposed maintenance and repair work will assist in elevating the pavement condition of Town’s roadway system and stabilize the roadways from further deterioration.

D
etailed Description of the Bid
Staff developed the bid package and estimates in-house and will solicitate informal bids from the Town’s qualified contractor’s list.

The proposed tentative project schedule is as follows:

December 10, 2025: Approve and authorize the bid package December 15, 2025:

January 8, 2026:

Solicit informal bids
Bid Submission Date
January 28, 2026: Award Construction Contract
February-March of 2026:

April of 2026:

Start of Construction (weather permitting)
End of Construction (weather permitting)
Staff Report – 2025-26 Street Pavement Maintenance Project Informal Bid Package Approval Page 3 of 3

FISCAL IMPACT
Approval of the Bid Package carries no current fiscal impact. According to the Engineer's Estimate, the Base Bid project budget is $148,000, plus 10% contingency ($14,800), for a total estimated cost of $162,800. The Alternate “A” Bid project cost is estimated at $44,885, plus 10% contingency ($4,488.50), totaling of $49,373.50.

Th
e total project cost for both Base Bid and Alternate “A” Bid is $212,173.50, including 10% contingency ($19,288.50). This amount is fully covered under the amended CIP budget approved by the City Council, incorporating all construction and project management costs.

E

NVIRONMENTAL
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 ( 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).

AL

TERNATIVES
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.

A

TTACHMENTS
A. In
formal Bid Package

25977.00130\44124785.1

BID MANUAL

TOWN OF COLMA

INFORMAL REQUEST FOR BIDS - IRFB
2025-2026 STREET PAVEMENT MAINTENANCE PROJECT
BID RELEASE DATE: December 15, 2025
BID DUE DATE: January 8, 2026, 2:00 P.M.

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

ATTACHMENT A
25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT –Invitations to Bid

INVITATION TO BID

NOTICE IS HEREBY GIVEN through this Invitation to Bid that the Town of Colma (“Town”) invites and will receive sealed bids (“Bid(s)”) from licensed contractors (“Contractor(s)” or “Bidder(s)”) for the furnishing to Town of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the construction of (“Work”):

2025 STREET PAVEMENT MAINTENANCE PROJECT (“Project” or “Contract”)

1. The 2025 Street Pavement Maintenance Project will rehabilitate damaged pavement and provide preventative maintenance along Colma Boulevard (from El Camino Real to Junipero Serra Boulevard) and Serramonte Boulevard East (from El Camino Real to Hillside Boulevard). Work will include completing necessary dig-outs and crack sealing on both roadways to prevent water from penetrating the pavement. The project will also include targeted dig -outs at select locations on Junipero Serra Boulevard and Hillside Boulevard.

2. The Alternate Bid “A” has been included in the project to allow for potential crack sealing on Junipero Serra Boulevard, from the Daly City boundary to the South San Francisco city limit.

3. Work shall be completed within 20 Working Days from the date when Contract Time commences to run.

Sealed Bids will be received until 2:00 p.m., on January 8 , 202 6, at the Public Works Department, located at 1198 El Camino Real, Colma, CA 94014, at or after which time Bids will be opened and publicly read aloud. Bids received after said time shall be returned unopened. Any claim by a Bidder of error in its Bid must be made in compliance with Public Contract Code § 5100 et seq.

Bids must be submitted on the Town’s forms, including the Bid Form. Each Bid must conform and be responsive to all pertinent Contract Documents, including, but not limited to, the Instructions to Bidders.

To Bid on this Project, each Bidder shall be a licensed contractor (Class A or C -12) pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Project . The Bidder's license(s) must be active and in good standing at the time of the Bid opening and must remain so throughout the term of the Contract.

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 the “ 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 a Notice of Award, the successful Bidder will enter into a Contract and provide the documents r equired by the Contract Documents within that time. No interest will be paid on funds deposited with Town.

The successful Bidder shall be required to furnish a Performance Bond and a Payment Bond (Labor and Materials) each in the amount of 100% of the Contract Price on the forms included in the Contract Documents.

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

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. 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT –Invitations to Bid

Bidders are required to comply with all CARB and Regulation requirements, 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.

The successful Bidder and its subcontractors shall pay all workers on the Project not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of I ndustrial Relations, pursuant to sections 1770 et seq. of the California Labor Code. Prevailing wage rates are available from the Town or on the Internet at:
<http://www.dir.ca.gov>. The successful Bidder shall post a copy of the prevailing wage rates at e ach 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. Bidders and Bidders’ subcontractors shall comply with the registration and qualification r equirements pursuant to sections 1725.5 and 1771.1 of the California Labor Code. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contract Documents are available for review on the Town’s website : https://www.colma.ca.gov/rfp-and- bids/. Any addendum(a) will be posted on the Town’s website: https://www.colma.ca.gov/rfp-and-bids/ It is the responsibility of each Bidder to check that website on a daily bas is through the close of bids for any applicable addendum(a) or updates.

The Contract will be awarded, if at all, to the lowest responsive and responsible Bidder based on the Total Base Bid amount Alone.

The Town’s Board of Directors reserves the right to reject any and all bids and/or waive any irregularity in any Bid received. If the Town awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no Bidder may withdraw its Bid for ninety (90) days after the date of the Bid opening, during which time th e Bid, and any pricing therein, shall remain open.

For further information, contact Abdulkader Hashem, Project Manager, Town of Colma, a t [email protected] or (650)757-8888 no later than December 29, 2025, by 3:00 p.m.

END OF DOCUMENT

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT– Instructions to Bidders

INSTRUCTIONS TO BIDDERS
These Instructions to Bidders are part of the “ Contract Documents ” as defined in the “Contract for Construction, Maintenance, and/or Repairs ” attached to this Bid Manual for the Project. Any capitalized term not herein defined shall have the same meaning as set forth in the Contract Documents.

1. Interpretation of Contract Documents. If Bidders are unclear as to the true meaning of any part of the Contract Documents, they may submit a written request for interpretation prior to the date and time for the submission of questions as indicated below. The Bidder submitting the request is responsible for prompt delivery. Interpretation of the Contract Documents will be made by a written Addendum. The Town will not be responsible for any other explanation or interpretations of the Contract Documents. I f a Bidder becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Bidder to promptly bring it to the attention of the Town. Failure to request such an interpretation prior the submission of a Bid will constitute a waiver of any claim for time or money.

2. Questions. Questions concerning the Project, or requests for clarification or interpretation of the Contract Documents, shall be submitted to Abdulkader Hashem, Principal Project Manager, at (650)757-8888 or email at [email protected] no later than 3:00 p.m. on December 29, 2025 .

Town will not respond to questions submitted after this date and time.

3. Bid Submission . Bids must be submitted by the date and time and in the manner indicated Invitation to Bid.

4. [Reserved]

5. Complete Bids. Bids shall be clearly written without erasure or deletions. Town reserves the right to reject any Bid containing erasures or deletions. All Bids must be complete and responsive and include all information required by the Contract Documents, including:
a. Bid Form. A completed Bid Form.
b. Bid Security. Bidder shall provide with its Bid Form a certified or cashier's check or Contractor’s bid bond for an amount not less than ten percent (10%) of the Total Bid. The certified or cashier's check or bid bond shall be made payable to the order of the Town. If a bid bond accompanies the bid/proposal, the bond shall be secured by an admitted surety company, licensed in the State of California, satisfactory to the Town and in the form attached hereto. The certified or cashier's check or bond shall be given as a guarantee that Bidder will enter into the Contract if awarded the Work, and in the case of refusal or failure to enter into the Contract, the Town shall have the right to award to another Contractor. If Bidder fails or refuses to timely enter into the Contract, the Town reserves the right to declare the bid bond forfeited and to pursue all other remedies in law or equity relating to such breach including, but not limited to, seeking recovery of damages for breach of contract. Failure to provide bid security, or bid security in the proper amount, will result in rejection of the bid.
c. Certifications. Each Bid must include fully complete and executed copies of the certifications included in Attachment 1 to the Bid Form.
d. Bidder’s Representative’s Authority. Each Bid must be executed by an authorized representative of the Bidder. Bidders may be asked to provide documentation of that authority (e.g., an authenticated resolution of its Board of Directors, a power of attorney evidencing the capacity of the person signing the Bid Form to bind the Bidder to its bid, etc.).

6. Addenda. The Town reserves the right to make changes to the Contract Documents within the time provided by law, if applicable, and will make any such changes by written addendum (“Addendum(a)”) which will be posted to the Town’s website : https://www.colma.ca.gov/rfp-and-bids/ Bidders must provide notice of receipt of addenda in the space provided in the Bid Form. Failure to acknowledge addenda may result in the Bid being deemed nonresponsive and rejected. 25977.00130\44124785.1
Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT– Instructions to Bidders

7. Pre-Bid Substitutions. Town must receive any request for substitution a minimum of FOURTEEN (14) calendar days prior to the date of Bid opening. Any substitution request shall comply with the requirements for such substitutions in the General Terms of the Contract. Approved substitutions shall be listed in Addenda. Town reserves the right not to act upon submittals of substitutions until after the date of bid opening. If the Town does not act on a substitution request prior to the date of bid opening, Bidders must bid based on products and systems specified in Contract Documents or listed by name in A ddenda.

8. Withdrawal of Bids. Bids may be withdrawn at any time prior to the date for Bid submission. Bids submitted after the date and time for Bid submission may only be withdrawn upon a claim of error made in compliance with Public Contract Code § 5100, et seq.

9. Award & Rejection of Bids. The Contract shall be awarded, if at all, on the basis indicated in the Invitation to Bid. Bids shall remain open and irrevocable for up to ninety (90) days after the date for Bid submission, and the Town reserves the right to issue a Notice to Proceed during that time without any adjustment to the Contract Price. Town reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids, to re-bid, and to reject the Bid of any Bidder if Town believes that it would not be in the best interest of the Town to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Town. Town also reserves the right to waive inconsequential deviations not involving price, time, or changes in the Work.

For purposes of this paragraph, an “unbalanced Bid” i s one having nominal prices for work item(s) that represent substantive work and/or overly -enhanced prices for nominal work item(s). Prior to the award of Contract, Town reserves the right to consider the responsibility of the Bidder. Town may conduct investigations as Town deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organi zations to perform and furnish the Work in accordance with the Contract Documents to Town's satisfaction within the Contract Time.

10. Bid Protests. Any Bid protest by any Bidder regarding any other Bid on this Project must be submitted in writing to Town of Colma, Public Works Department, 1198 El Camino Real Colma, CA 94014 before 5:00 P.M. of the SECOND (2ND) business day following the date of Bid opening, or the Bidder waives its right to protest. The protest must contain a complete statement of any and all bases for the protest, cite each applicable provision of the Contract Documents applicable to the bid protest, and include (1) a copy of the challenged bid with the portions of the bid that Bidder challenges highlighted, and (2) any and all other documentation Bidder alleges supports the protest. The Bidder must concurrently transmit a copy of the protest to all other Bidders that appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. This bid protest shall constitute an administrative remedy and the failure to exhaust this remedy shall be defense against any litigation initiated by a Bidder.

END OF DOCUMENT
25977.00130\44124785.1
Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form

TOWN OF COLMA

BID FORM
To: Board of Directors Town of Colma (“Town”)
From:
(Proper Name of Bidder) (“Contractor” or “Bidder”)
Project: 2025-26 STREET PAVEMENT MAINTENANCE PROJECT (“Project” or “Contract”) This Bid Form is part of the “ Contract Documents ” as defined in the “Contract for Constructio n, Maintenance, and/or Repairs” attached to this Bid Manual for the Project. Any capitalized term not herein defined shall have the same meaning as set forth in the Contract Documents.

1. Bid. Bidder will perform the Work as defined in the Contract Documents and fully understands the scope of Work required in this Bid and accepts in full payment for that Work the following total lump sum amount, all taxes included (“Total Bid”):

TOTAL BASE BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR 2025-26 STREET PAVEMENT MAINTENANCE PROJECT
$
Total Base Bid Price in Numbers
$ __________________________________________________________ Total Base Bid Price in Written Form
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The above Total Bid is based on and uses the following bid schedule:

Base Bid
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 $ $
TOTAL OF BASE BID ITEMS (1-5): $
25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form

Alternate “A” Bid
ITEM
NO. ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY UNIT PRICE ITEM COST
1 Crack Sealing SY 44,885 $ $
TOTAL OF ALTERNATE “A” BID: $
TOTAL OF BASE BID + ALTERNATE “A” BID: $

If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to the Total Bid Price entered above (please check the appropriate box), in the Town’s sole discretion. The Town can choose to include any, all, or none of the Alternate Bid items in the Work. If the Town selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to Base Bid Price for the Work. The Town can award/select Alternate Bid items at any time(s).

ALTERNATE
BIDS

BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
ADD ALTERNATE “A”

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 item 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 es timated 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.

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 Town from measured quantities of work performed based upon unit price.

2. Work. Bidder has reviewed the Work outlined in the Contract Documents and fully understands the scope of Work required in this Bid, understands the construction and project management function(s) described in the Contract Documents.

3. Schedule. Bidder agrees to commence work under this Contract on the date established in the Contract Documents and to complete all Work within the time specified in the Contract Documents.

25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form

4. Subcontractors. Bidder shall provide with its Bid Form the following for each subcontractor that will perform work or labor or render service in or about the construction of the Work or improvement in an amount in excess of one-half of one percent (0.5%) of the Contractor's Total Bid. Use extra sheets/extra space as needed. The Town may, in its sole discretion, find Contractor’s Bid non -responsive if Bidder fails to include all the information identified below. (USE ADDITIONAL SHEETS IF NECESSARY.)

Subcontractor Name: Portion of Work
(Scope):

Location of
Business:

CSLB No.:

DIR No.:

Subcontractor Name: Portion of Work
(Scope):

Location of
Business:

CSLB No.:

DIR No.:

Subcontractor Name: Portion of Work
(Scope):

Location of
Business:

CSLB No.:

DIR No.:

Subcontractor Name: Portion of Work
(Scope):

Location of
Business:

CSLB No.:

DIR No.:

5. Examination. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any Addenda thereto; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the Town will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. At its own expense , and prior to submitting its Bid, each Bidder shall fully acquaint itself with the Site of the proposed Work and the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract. Each Bidder shall carefully examine the Contract Documents. 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 license s 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 r elieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this instruction.

6. License. Bidder certifies that it is, at the time of bidding, and shall be throughout the period of the Contract, licensed by the State of California to do the type of Work required under the terms of the Contract Documents. Bidder further certifies that it is reg ularly engaged in the general class and type of work called for in the Contract Documents.

7. Prevailing Wages. Pursuant to sections 1770 et seq. of the California Labor Code, Bidder and all Subcontractors under the Bidder shall pay all workers on all work performed pursuant to the Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the State of California Department of Industrial Relations (“DIR”) for the type of work performed and the locality in which the work is to be performed within the boundaries of the Town. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by the DIR are on file and available from the Town at the Town’s office or on the internet (http://www. dir.ca.gov). In 25977.00130\44124785.1
Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form

addition, if awarded a contract, Bidder shall comply with Labor Code § 1777.5 pertaining to prevailing wage compensation to apprentices for pre-employment activities.

8. Contractor Registration. Bidder shall ensure that it and its Subcontractors comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its Certified Payroll Reports (“CPR”) to the Labor Commissioner, and are registered pursuant to Labor Code section 1725.5. Bidder and its subcontractors shall comply with Labor Code section 1725.5 to be qualified to bid, be listed in a Bid or proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of the Contract.

9. Certifications. Contractor has completed all certifications attached as Attachment 1 to this Bid Form and, if applicable, has submitted the Bid Bond or other acceptable bid security with the Bid.

10. Addenda. Receipt and acceptance of the following addenda is hereby acknowledged.

No.: ________ Date: __________________ No.: ________ Date:__________________

11. CONTRACT FORM. TOWN’S CONTRACT FORM IS PART OF THE CONTRACT DOCUMENTS.

THE SCOPE OF THE PROJECT IS AS DESCRIBED IN EXHIBIT A TO THE CONTRACT. THE SUCCESSFUL BIDDER SHALL, WITHIN SEVEN (7) CALENDAR DAYS OF NOTICE THAT IT HAS BEEN AWARDED THE CONTRACT, BE REQUIRED TO PROVIDE TO THE AGENCY: INSURANCE

CERTIFICATIONS, BONDS, INSURANCE DOCUMENTS, CONSTRUCTION SCHEDULE,

SCHEDULE OF VALUES, SUBCONTRACTOR LIST AND ALL OTHER REQUIRED DOCUMENTATION AS INDICATED IN THE CONTRACT.

If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

Contractor hereby certifies to the Town that all representations, certifications, and statements made by Contractor, as set forth in this Bid Form, including the information below, are true and correct and are made under penalty of perjury.

Dated this day of 20
Signature
Signed by (Print Name)
Title of Person Signing
Name of Bidder
Address of Bidder
Taxpayer's Identification No. of Bidder
Telephone Number
Fax Number
25977.00130\44124785.1
Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form

E-mail Web page
Bidder’s DIR Registration No.: No.:

Contractor's License No(s): No.: Class: Expiration Date:
(Attach Additional Sheets if Necessary to Complete Form) 25977.00130\44124785.1
Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

ATTACHMENT 1 TO BID FORM
(BID BOND AND CERTIFICATIONS)
[DOCUMENTS FOLLOW THIS PAGE]
25977.00130\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

BID BOND (SECURITY)

[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 “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 2025 STREET PAVEMENT MAINTENANCE 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
25977.00130\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

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.

25977.00130\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

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 DOCUMENT
25977.00130\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

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: __________________________________________________

END DOCUMENT
25977.00130\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

PUBLIC WORKS CONTRACTOR REGISTRATION & WORKERS COMPENSATION 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.

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 and Title
Dated

END DOCUMENT

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\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

EXECUTIVE ORDER N-6-22 CERTIFICATION

Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the Town funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the Town funded by State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The Contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.

This certification is made under the laws of the State of California.

Name of Bidder
Signature
Name and Title
Dated ___________________________________________________________

END DOCUMENT
25977.00130\44124785.1

Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Bid Form – Attachment 1

NONCOLLUSION DECLARATION (Pub. Cont. Code, § 7106)

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the [PRINT YOUR TITLE]

of [PRINT FIRM NAME],

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, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the following date:

Date:

Proper Name of Bidder:

Signature:

Print Name:

Title:

END OF DOCUMENT
25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Construction Contract

IRAN CONTRACTING ACT CERTIFICATION (Pub. Cont. Code § 2204)

STREET PAVEMENT MAINTENANCE PROJECT (“Project” or “Contract”)

Pursuant to Public Contract Code (PCC) section 2204, an Iran Contracting Act certification is required for solicitations of goods or services of one million dollars ($1,000,000) or more.

Bidder shall complete ONLY ONE of the following three paragraphs.

 1. Bidder’s Total Base Bid is less than one million dollars ($1,000,000).

OR
 2. Bidder’s Total Base Bid is one million dollars ($1,000,000) or more, but Bidder is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“ DGS”) pursuant to Public Contract Code § 2203(b), and Bidder is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or s ervices in the energy sector in Ira n and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

OR
 3. Bidder’s Total Base Bid is one million dollars ($1,000,000) or more, but the Town has given prior written permission to Bidder to submit a proposal pursuant to PCC 2203(c) or (d). A copy of the written permission from the Town is included with Bid.

I certify that I am duly authorized to legally bind the Bidder to this certification, that the contents of this certification are true, and that this certification is made under the laws of the State of California.

Date:

Proper Name of Bidder:

Signature:

Print Name:

Title:

END OF DOCUMENT

25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Construction Contract

TOWN OF COLMA

CONTRACT FOR CONSTRUCTION, MAINTENANCE, AND/OR REPAIRS
2025-2026 STREET PAVEMENT MAINTENANCE PROJECT
This CONSTRUCTION CONTRACT (“ Contract”) is made and entered into [INSERT MONTH] [DAY], [INSERT YEAR] by and between the Town of Colma , a public health care district (“Town”) and [INSERT NAME], a [INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY] organized under the laws of the State of California (“Contractor”). Town and Contractor may individually be referred to as “Party” and collectively as “Parties”.

1. CONTRACT DOCUMENTS

1.1. Contract Documents. This Contract includes and incorporates herein by reference the following documents (and all exhibits, drawings, specifications, documents, addenda, and attachments) (“ Contract Document(s)”), which shall be interpreted in the order of precedence set forth below , to the extent used for this Contract:

1.1.1. Changes to the Contract Documents (i.e., addenda, Change Orders (as defined in the Contract Documents) or amendments)

1.1.2. Contract

1.1.3. Scope of Work / Site Exhibits (Exhibit A)

1.1.4. Construction Schedule (Exhibit B)

1.1.5. General Terms & Conditions (Exhibit C) (“General Terms”)

1.1.6. Special Terms & Conditions (Exhibit D) (“Special Terms”)

1.1.7. Payment and Performance Bonds (Exhibit E)

1.1.8. Notice Inviting Bids

1.1.9. Instructions to Bidders

1.1.10. Bid Form (including attached, executed certifications)

1.2. Defined Terms / Interpretation. Any capitalized term in a Contract Document shall be given the same meaning as defined elsewhere in the Contract Documents, unless that term is specifically defined otherwise in a Contract Document. The terms “shall,” “will” and “must” shall be mandatory, and the term “may” shall be permissive. The term “day” shall refer to calendar days unless otherwise specified. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from the Town, the matter shall be referred to Town’s Representative, whose decision shall be binding upon Contractor.

2. WORK / PROJECT

2.1. Sites. The locations where the Work will be performed are listed in Attachment 1 and shown in the Site Exhibits: Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4, and Exhibit A-5.

2.2. Project. The “Project” means the performance of Work at the Site(s). 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Construction Contract

2.3. Work.

2.3.1. After the Town issues a notice to proceed (“ Notice(s) to Proceed ”), Contractor shall furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract, consistent with the terms of the Contract Documents, including, without limitation, the General Terms and Special Terms (if applicable) and as further described in Exhibit A (“Services” or “Work”), for the Contract Price as specified pursuant to this Contract. The Town reserves the right to issue a Notice to Proceed for all the Work or separate Notices to Proceed for portions of the Work.

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

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

2.4. Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. Contractors are required by law to be licensed and regulated by the Co ntractors’ 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 the 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 Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

2.5. Plans and Specifications. To the extent applicable, Contractor shall perform all Work consistent with the drawings and technical specifications identified in Exhibit A, which are incorporated herein by reference as though fully set forth herein (“Plans and Specifications”).

2.6. Project Oversight.

2.6.1. The Town representative for the Project is _______________________ (“Town Representative”).

2.6.2. The architect or engineer for the Project is _______________________ (“Architect”). 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Construction Contract

2.6.3. The project manager on the Project is _______________________ (“Project Manager”).

2.6.4. [IF APPLICABLE ] The Project inspector for the Project is _____________________ (“Inspector” or “IOR”)

2.6.5. The Town reserves the right, in its sole discretion, to hire a responsible construction manager who the Town may designate as the Town Representative and/or Project Manager, and any instruction provided by the construction manager shall be binding on the Contractor as if given be either the Town Representative or Project Manager, except to the extent that any such direction results in an increase to the Contract Price or an adjustment to the Contract Time. If there is no Architect , Project Manager, or Inspector for the Project, any reference shall be construed as referring to the Town.

3. COMPENSATION & PAYMENT

3.1. Amount of Compensation. As consideration for performance of the Work, Town agrees to pay Contractor [INSERT WRITTEN DOLLAR AMOUNT ] Dollars ($[INSERT WRITTEN NUMERICAL DOLLAR AMOUNT]) (“Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of the Contract Documents or written chang e orders approved and signed in advance by the Town. Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by Town. Such schedules or milestones may be included as part of Exhibit B attached hereto, or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that Town will suffer damage.

3.2. Payment of Compensation. Town shall pay Contractor for Work satisfactorily performed as set forth in the General Terms.

4. CONTRACT TIME / LIQUIDATED DAMAGES

4.1. Contract Time. Contractor shall complete the Work [ CHOOSE ONE] by _______________________, 20___ [OR] [Insert Number of Calendar Days ] consecutive days from the date specified in the Notice to Proceed (“Contract Time”).

4.2. Construction Schedule. Contractor shall perform Work consistent with the construction schedule and milestones attached hereto as Exhibit B (“Construction Schedule”). If the initial estimated Contract Time equals or exceeds sixty (60) days, with each Payment Application, Contractor shall submit an updated Construction Schedule that shall include the then current anticipated date for completion of the Work, and shall include any Town authorized changes to the Contract Time.

4.3. Liquidated Damages. Contractor agrees that if the Work is not completed within the Contract Time, consistent with the Construction Schedule, and/or any Project milestones established in the Construction Schedule, it is understood, acknowledged and agreed that the Town will suffer damage which is not capable of being calculated. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Town as fixed and liquidated damages the sum of Contractor [INSERT WRITTEN DOLLAR AMOUNT] Dollars ($[INSERT WRITTEN NUMERICAL DOLLAR AMOUNT]) per day for each and every day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

5. INSURANCE & BONDS

5.1. Bonds. Contractor shall not commence the Work until it has provided to the Town, a Payment (Labor and Material) Bond and a Performance Bond, in the forms attached in Exhibit F, each in an amount equivalent to one hundred percent (100%) of the Contract Price issued by a surety admitted to issue bonds 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Construction Contract

in the State of California and otherwise acceptable to the Town. The Town reserves the right to waive this requirement in writing at its sole discretion in the event the Contract Price is below $25,000. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Town.

5.2. Contractor shall have and maintain in force during the term of this Contract, with the minimum indicated limits, the following insurance:

Commercial General Liability, with
Products and Completed Operations
Coverage
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability, Any Auto,
Combined Single Limit
$1,000,000 each occurrence
$2,000,000 aggregate
Workers Compensation Statutory limits pursuant to State law Employers’ Liability $1,000,000 each incident, disease
$2,000,000 policy limit
Builder’s Risk (Course of Construction) Issued for the value and scope of work.

AGENCY MAY ADJUST THESE LIMITS, IN WRITING, AT THE AGENCY’S SOLE DISCRETION BASED ON SIZE AND SCOPE OF THE CONTRACT.

5.3. Contractor shall provide to the Town certificate(s) of insurance and endorsements satisfactory to the Town. The policy(ies) shall not be amended or modified, and the coverage amounts shall not be reduced without thirty (30) days written notice to the Town prior to cancellation. Except for worker’s compensation insurance, the Town, the Architect, and the Project Manager shall be named as an additional insured on all policies. Contractor’s policy(ies) shall be primary; any insurance carried by the Town shall only be secondary and supplemental. Contractor shall not allow any subcontractor, employee, or agent to commence Work on this Contract or any subcontract until the insurance required of Contractor, subcontractor, or agent has been obtained, and the certificate(s) of insurance and endorsements have been provided to the Town; provided, however, that the Town reserves the right to reject an insurance policy(ies) if they do not conform with the above insurance requirements.

6. TERMINATION
This Contract may be terminated by Town at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Town for any reason other than the fault of Contractor, Town shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Town may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Town’s resulting damages, and may pursue any other available recourse against Contr actor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, Town may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performan ce of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

7. NOTICES.

7.1. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be delivered either personally, by registered or certified mail, return receipt requested, postage prepaid, or overnight delivery and addressed as follows:
25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Construction Contract

Town:

Town of Colma
_______________________
_______________________, CA _____________
Attn: _________________________________
Contractor:
_______________________
_______________________
_______________________, CA _____________
Attn: _________________________________

7.2. Any notice personally given shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service.

Any notice given by registered or certified mail as set forth above, shall be considered received by the other Party three (3) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8. MISCELLANEOUS PROVISIONS.

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

8.2. Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

8.3. Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

This Contract may only be modified by a writing signed by both Parties.

8.4. Town’s Right to Employ Other Contractors. Town reserves right to employ other contractors in connection with this Project or other projects.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

TOWN OF COLMA

Signature: ________________________________

Print Name: _______________________________

Print Title: ________________________________

[INSERT NAME OF CONTRACTOR]

Signature: ________________________________

Print Name: _______________________________

Print Title: ________________________________

25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

EXHIBIT A TO CONTRACT
(SCOPE OF WORK / SITE EXHIBITS)

Scope of Work.

The scope of work for the Project is as set forth below:

Perform all Work, consistent with the Contract Documents and the “Site Exhibits” attached to this Exhibit A. The 2025-26 Street Pavement Maintenance Project will rehabilitate damaged pavement and provide preventative maintenance along Colma Boulevard (from El Camino Real to Junipero Serra Boulevard) and Serramonte Boulevard East (from El Camino Real to Hillside Boulevard). Work will include completing necessary dig-outs and crack sealing on both roadways to prevent water from penetrating the pavement.

The project will also include targeted dig-outs at select locations on Junipero Serra Boulevard and Hillside Boulevard.

The project is expected to begin in Mid-February 2026 and should be completed within 20 Working Days.

Drawings.

The Contractor shall perform the Work in accordance with the locations illustrated in Attachment 1 and illustrated in the Site Exhibits: Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4, and Exhibit A-5.

Specifications.

The Contractor shall perform the Work in accordance with the latest edition of the Caltrans Standard Details and Caltrans Technical Specifications, as well as the most recent Town of Colma Standard Details and Specifications.

[INSERT TECHNICAL SPECIFICATIONS IMMEDIATELY FOLLOWING EXHIBIT A ]

25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

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. 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

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 Responsibility," of the Standard Specifications.

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

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

PART 3 - EXECUTION

3.01 GENERAL

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

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

C. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.
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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

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 cont rols 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.

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

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 const ruction 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.

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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 containment 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

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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 control 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 approved 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.

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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 Po llution 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, hazardous 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) requirements 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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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

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.

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. A

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). 25977.00130\44124785.1

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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 facilit ies, 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 Eng ineer, 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- 25977.00130\44124785.1

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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 Square Yard.

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 m ay 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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Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. (A.1 – A.5)

ATTACHMENT 1

Site Exhibits: Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4, and Exhibit A-5.

[Begins on Following Page]

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. (A.1 – A.5)

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. (A.1 – A.5)

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. (A.1 – A.5)

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. (A.1 – A.5)

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Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. B

EXHIBIT B TO CONTRACT
(CONSTRUCTION SCHEDULE)

Contractor shall perform the Work within 20 Working Days from the date when Contract Time commences to run.

END OF DOCUMENT

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Town of Colma – 2025 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. B

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. C

EXHIBIT C TO CONTRACT
(GENERAL TERMS & CONDITIONS)

1. NOTICE TO PROCEED: Town shall
provide a Notice to Proceed to Contractor
pursuant to the Contract at which time Contractor
shall proceed with the Work.

2. SITE EXAMINATION: Contractor has
examined the Site and certifies that it accepts all
measurements, specifications and conditions
affecting the Work to be performed at the Site. By
submitting its Bid, and or proposal (to the extent
applicable) and signing this Contract, Contractor
warrants that it has made all Site examination(s)
that it deems necessary as to the condition of the
Site, its accessibility for materials, workers and
utilities, and Contractor’s ability to protect existing surface and subsurface improvements. No claim
for allowance of time or money will be allowed as
to any other undiscovered condition on the Site.

Contractor shall make field measurements, verify
field conditions and shall carefully compare such
field measurements and conditions a nd other
information known to Contractor with the Contract
Documents before commencing Work. Errors,
inconsistencies or omissions discovered shall be
reported to the Town immediately and prior to
performing any work or altering the condition.

3. CONSTRUCTION SCHEDULE /
SUBCONTRACTOR LIST: Contractor shall
provide the Town a Construction Schedule for the
Work and a Subcontractor List as indicated in
Contractor’s Bid Form (to the extent applicable) .

Both the Construction Schedule and
Subcontractor List are subject to the Town’s
approval.

4. SUBSTITUTIONS:

4.1. No substitutions of material from those
specified in the Specifications shall be made
without the prior written approval of the Town.

4.2. Contractor may request a substitution for
any material, process or article which shall be
substantially equal or better in every respect to
that so indicated or specified in this Contract.

Contractor shall submit requests, together with
substantiating data , for substitution of any “or
equal” material, process or article no later than
thirty-five (35) days after award of the Contract. A
request for substitution shall not in any way
authorize an extension of time for performance of
this Contract. If the Town requests a substitution
request, Contractor shall be responsible for
providing the specified material, process or article
consistent with the Contract Documents. The
burden of proof as to the equality of any material,
process or article shall be the Contractor’s.

4.3. The Town has the complete and sole
discretion to determine if a material, process or
article is an “or equal” material, process or article
that may be substituted. Data required to
substantiate requests for substitutions of an “or
equal” material, process or artic le data shall
include a signed affidavit from Contractor stating
that, and describing how, the substituted “or
equal” material, process or article is equivalent to
that specified in every way except as listed on the
affidavit. Substantiating data s hall include any
and all illustrations, specifications, and other
relevant data including catalog information which
describes the requested substituted “or equal”
material, process or article, and substantiates
that it is an “or equal” to the material, pro cess or
article. The substantiating data must also include
information regarding the durability and lifecycle
cost of the requested substituted “or equal”
material, process or article. Failure to submit all
the required substantiating data, including the
signed affidavit, to the Town in a timely fashion
will result in the rejection of the proposed
substitution.

4.4. Contractor shall bear all of the Town’s
costs associated with the review of substitution
requests. Contractor shall be responsible for all
costs related to a substituted “or equal” material,
process or article. Contractor is directed to the
Special Terms (if any) to review any findings
made pursuant to Public Contract Code section
3400.

5. PERMITS AND LICENSES: Contractor
and all of its employees, agents, and
subcontractors shall secure and maintain in force,
at Contractor’s sole cost and expense, all
licenses and permits as are required by law, in
connection with the furnishing of materials,
supplies, or Services herein listed.

6. INDEPENDENT CONTRACTOR
STATUS: While engaged in carrying out the
Services of this Contract, the Contractor is an
independent contractor, and not an officer,
employee, agent, partner, or joint venture of the
Town. Contractor shall be solely responsible for
its own Worker's Compensation insurance, taxes,
and other similar charges or obligations.

Contractor shall be liable for its own actions,
including its negligence or gross negligence, and
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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. C

shall be liable for the acts, omissions, or errors of
its agents or employees.

7. EQUIPMENT AND LABOR; STANDARD
OF PERFORMANCE:

7.1. The Contractor shall furnish all tools,
equipment, apparatus, facilities, transportation,
labor, and material necessary to furnish the
Services, the Services to be performed at such
times and places as directed by and subject to the
approval of the authori zed Town representative
indicated in the Work specifications attached
hereto.

7.2. Contractor shall perform all Work under
this Contract in a skillful and workmanlike
manner, and consistent with the standards
generally recognized as being employed by
professionals in the same discipline in the State
of California. Contractor represents a nd
maintains that it is skilled in the professional
calling necessary to perform the Work. Contractor
warrants that all employees and subcontractors
shall have sufficient skill and experience to
perform the Work assigned to them. Contractor
represents that it, its employees and
subcontractors have all licenses, permits,
qualifications and approvals of whatever nature
that are legally required to perform the Work and
that such licenses and approvals shall be
maintained through the duration of the Contract.

Contractor shall perform, at its own cost and
expense and without reimbursement from the
Town, any work necessary to correct errors or
omissions which are caused by Contractor’s
failure to comply with the standard of care
provided for herein.

8. SUBCONTRACTORS: Contractor shall
comply with the Subletting and Subcontracting
Fair Practices Act (Public Contract Code, section
4100 et. seq.) Contractor shall identify by name
and location of the place of business of each
subcontractor who will perform work or labor or
render service in or about the construction of the
Project in an amount in excess of one -half of 1
percent of the Contractor’s contract price or ten
thousand dollars ($10,000) whichever is greater.

Subcontractors, if any, engaged by the
Contractor for any Service or Work under this
Contract shall be subject to the approval of the
Town. Contractor agrees to bind every
subcontractor by the terms of the Contract as far
as such terms are applicable to subcontractor’s
work, including, without limitation, all
indemnification, insurance, bond, and warranty
requirements. If Contractor subcontracts any part
of this Contract, Contractor shall be fully
responsible to the Town for acts and omissions of
its subcontractor and of persons either directly or
indirectly employed by itself. Nothing contained in
the Contract Documents shall create any
contractual relations between any subcontractor
and the Town.

9. JOB SITE OBLIGATIONS

9.1. Water Quality Management and
Compliance: Contractor shall keep itself and all
subcontractors, staff, and employees fully
informed of and in compliance with all local, state
and federal laws, rules and regulations that may
impact, or be implicated by the performance of
the Work, related to water pollution, control,
and/or water management, including, without
limitation, those pertaining to preparing and
implementing a Storm Water Pollution Prevention
Plan (“ SWPPP”), to the extent applicable.

Contractor shall be responsible for procuring,
implementing and complying with the provisions
of the Permit and the SWPPP, including the
standard provisions, and monitoring and
reporting requirements as required by the Permit.

The Permit requires the SWPPP to be a “living
document” that changes as necessary to meet
the conditions and requirements of the job site as
it progresses through difference phases of
construction and is subject to different weather
conditions. It shall b e Contractor’s sole
responsibility to update the SWPPP as necessary
to address conditions at the project site.

9.2. Air Pollution : 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 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 r ecords, and
any other information the Contractor is required
to produce, keep or maintain pursuant to the
Regulation upon two (2) calendar days’ notice
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from the Town.

9.3. Safety and Security: Contractor shall
execute and maintain its work so as to avoid
injury or damage to any person or property.

Contractor shall comply with the requirements of
the specifications relating to safety measures
applicable in particular operations or kinds of
work. In carrying out its Work, Contractor shall at
all times be in compliance with all applicable
local, state and federal laws, rules and
regulations, and shall exercise all necessary
precautions for the safety of employees
appropriate to the nature of the Work and the
conditions under which the Work is to be
performed..

9.4. Protection of Property & Work :

Contractor shall erect and properly maintain at all
times, as required by conditions and progress of
the Work, all necessary safeguards, signs,
barriers, lights, and security persons for
protection of workers and the public and shall
post danger signs warn ing against hazards
created by the Work. In an emergency affecting
life and safety of life or of Work or of adjoining
property, Contractor, without special instruction
or authorization from Town, is permitted to act at
his discretion to prevent such threatened loss or
injury.

9.5. Compliance with Laws:

9.5.1. Contractor shall keep itself fully
informed of and in compliance with all local, state
and federal laws, rules and regulations in any
manner affecting the performance of the Contract
or the Work, including all Cal/OSHA
requirements, and shall give all noti ces required
by law. Contractor shall be liable for all violations
of such laws and regulations in connection with
the Work. If Contractor observes that any of the
Work required by this Contract is at variance with
any such laws, ordinance, rules or regul ations,
Contractor shall notify the Town, in writing, and,
at the sole option of the Town, any necessary
changes to the scope of the Work shall be made
and this Contract shall be by Change Order, or
this Contract shall be terminated effective upon
Contractor’s receipt of a written termination notice
from the Town. If Contractor performs any work
that is in violation of any laws, ordinances, rules
or regulations, without first notifying the Town of
the violation, Contractor shall bear all costs
arising therefrom.

9.5.2. Town is a public entity of the
State of California subject to certain provisions of
the Health & Safety Code, Government Code,
Public Contract Code, and Labor Code of the
State. It is stipulated and agreed that all
provisions of the law applicable to the public
contracts of a municipality are a part of this
Contract to the same extent as though set forth
herein and will be complied with. Contractor shall
defend, indemnify and hold Town, its officials,
directors, officers, employees and agents free
and harml ess, pursuant to the indemnification
provisions of this Contract, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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.

9.6. Trench Shoring: If this Contract is in
excess of $25,000 and is for the excavation of
any trench deeper than five (5) feet, Contractor
must submit and obtain Town’s approval and
acceptance, in advance of excavation, of a
detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be made
for worker protection from the hazard of caving
ground during the excavation of such trench or
trenches. If the plan varies from the shoring
system standards, the plan shall be prepared by
a registered civil or structural engineer.

9.7. Excavations Over Four Feet: If this
Contract includes excavations over four (4) feet,
Contractor shall promptly, and before the
following conditions are disturbed, notify the
Town, in writing, of any: (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; or (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 materially so differ, or do
involve hazardous waste, and cause a decrease
or increase in the Contractor's cost of, or the time
required for, performance of any part of the Work
shall issue a change order under the procedures
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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. C

described in the Contract. In the event that a
dispute arises between the Town and the
Contractor regarding 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. Contractor shall retain any and all
rights provided either by Contract or by law which
pertain to the resolution of disputes and protests
between the contracting parties.

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

9.9. Drug Free / Tobacco Free/Smoke Free
Policy: No drugs, alcohol, tobacco, and/or
smoking are allowed at any time in any buildings
and/or grounds on Town property. No staff,
visitors, consultants or contractors are to use
drugs on these sites.

10. TESTING & INSPECTIONS:

10.1. 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 obs ervation 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 f or 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.

10.2. 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.

10.3. 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.

10.4. 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.

10.5. 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.

10.6. 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.

11. CHANGE IN SCOPE OF WORK:

11.1. No Change Without
Authorization: Any change in the scope of the
Work, method of performance, nature of
materials or price thereof, the time for
performance, or any other matter materially
affecting the performance or nature of the Work
shall not be paid for or accepted by the Town
unless that change, addition, or deletion is
approved in advance and in writing by a valid
change order executed by the Town.

11.2. Town Right to Request
Changes: Contractor specifically understands,
acknowledges, and agrees that the Town shall
have the right to request any alterations,
deviations, reductions, or additions to the Project
or Work, and the cost thereof shall be added to or
deducted from the amount of the Contract Price
by fair and reasonable valuations. The Town may
accomplish any of the foregoing, in its discretion,
by issuing a unilateral change order.

11.3. Proposed Change Order:

11.3.1. Submission / Time to Submit :

Contractor may seek an adjustment to the
Contract Time or Contract Price only by
submitting a proposed change order to the Town
within five (5) days of the date Contractor
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discovers, or reasonably should discover, the
circumstances giving rise to the proposed change
order, unless additional time to submit a
proposed change order is granted in writing by
the Town.

11.3.2. Content of Proposed Change
Order: Contractor and subcontractors shall
include the following in any proposed change
order:

11.3.2.1. Labor: Labor
breakdown by trade classification, wage rates,
and estimated hours. Wages shall not exceed
current prevailing wages in the locality for
performance of the changes. The Contractor’s or
subcontractors’ (including second -tier
subcontractors’) labor bur den and Workers’
Compensation premium shall only be charged at
20% of the total charge for labor costs. In no
event shall Contractor include any other charges
than as indicated herein without the Town’s prior
written approval.

11.3.2.2. Material:

Material quantities, and types of products, and
transportation costs, if applicable.

11.3.2.3. Equipment:

Equipment breakdown by make, type, size, rental
rates (if not owned), equipment hours and
transportation costs, if applicable. The equipment
costs shall not exceed one hundred percent
(100%) of the Association of Equipment
Distributors (AED) rental rates and delay factors
or Caltrans rates and delay factors, whichever is
less. Hourly, daily, or weekly rates shall be used,
whichever is lower. Hourly rates including
operator shall not be used. The time to be paid
for equipment shall be the actual t ime that the
equipment is in (1) productive operation on the
Work or (2) idled because of the event or
circumstance giving rise to the proposed change
order.

11.3.2.4. Mark-Up for
Overhead and Profit : Mark-up for overhead and
profit in a proposed change order shall be
calculated as follows:

11.3.2.4.1. Subcontractor-
Performed Work : Subcontractors shall be
entitled to a total cumulative mark -up for
overhead and profit of 8% on the total of Labor
(including labor burden and Workers’
Compensation premium), Material, and
Equipment only for both the subcontractor and
the subcontractor’s subcontractor(s) (e.g., all
“lower-tier” subcontractors) performed Work.

Contractor shall be entitled to a 6% mark -up on
the same items, excluding subcontractor’s
mark-up for overhead and profit.

11.3.2.4.2. Contractor-
Performed Work: Contractor shall be entitled to
a mark-up for overhead and profit of 6% of the
total of the Labor (including labor burden and
Workers’ Compensation premium), Material, and
Equipment for Contractor performed Work.

11.3.3. Contract Time : Any
request for an adjustment to the Contract Time
must be supported by a time impact analysis
identifying critical schedule activities delayed by
an event beyond the Contractor’s reasonable
control. Any request for a change in the Contract
Time must be included in a proposed change
order, including the amount of days and any
associated costs, and comply with any
requirements pertaining to an extension of the
Contract Time in the “Claims Resolution” section
of these General Terms. Contractor must give
written notice to Town of any potential or actual
delay within five (5) days of the occurrence of the
delay causing event or when Contractor should
reasonably know that an event may delay the
completion of the Project.

11.4. Determination of Change Order
Cost: The Town shall use any reasonable means
to calculate the cost of a change order in its sole
discretion, including, without limitation: the
acceptance of a proposed change order;
agreement between the Town and Contractor;
and, the actual and necessary costs incurred by
Contractor based on cost records produced to the
Town and based on the Town’s reasonable
evaluation of the Work and market research.

11.5. Contractor Obligation to
Substantiate: Contractor agrees to provide the
Town with all information requested to
substantiate the cost of any change order and to
inform the Town whether the Work will be done
by the Contractor or a subcontractor. If Contractor
fails to reasonably substantiate any requested
change in the scope of work, or Contractor fails
to timely cooperate with the Town to provide
substantiation for the costs of any change order,
Contractor waives any claim for additional
compensation. In add ition to any other
information requested, Contractor shall submit,
prior to approval of any change order, its request
for a time extension (if any), as well as all
information necessary to substantiate
Contractor’s belief that such change will delay the
completion of the Work.

11.6. Waiver: If Contractor fails to
submit its request for a time extension or the
necessary supporting information, it shall be
deemed to have waived its right to request such
extension. Contractor waives any claim for
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additional compensation for any change in the
scope of work if Contractor performs the work
without written approval of the Town.

12. CORRECTION OF ERRORS: Within ten
(10) days of the Town’s notice of any defect or
error in the Work, or deviation from the Contract
Documents, Contractor shall perform, at its own
cost and expense and without reimbursement
from the Town, any work necessary to correct
errors or omissions that are caused by the
Contractor’s failure to comply with any
requirement of the Contract Documents. If
Contractor fails to correct any those errors, the
Town reserves the right to deduct the value of the
work from any payment(s) owed to Contractor, or
to perform the work itself and deduct from any
payment(s) owed to contractor the cost to
perform the work.

13. FAILURE TO PERFORM: If the Town at
any time believes that the Contractor is behind
schedule, is failing to construct the Project
pursuant to the Contract Documents, or is
otherwise failing to perform any provisions of this
Contract, the Town, after FORTY-EIGHT (48)
hours written notice to the Contractor, may take
any action necessary or beneficial to the Town to
complete the Project, takeover the Work of the
Contract, terminate or suspend the Contract as
indicated herein, or any combination or portion of
those actions. The Contractor shall be liable to
the Town for any cost incurred by the Town in
those actions and the Town has the right to
deduct the cost thereof from any payment then or
thereafter due the Contractor.

14. CONTRACTOR SUPERVISION:

Contractor shall provide competent supervision
of personnel employed on the job Site to monitor
the use of equipment and the quality of
workmanship.

15. CLEAN UP: Debris shall be removed
from the Premises. The Site shall be in order at
all times when work is not actually being
performed and shall be maintained in a
reasonably clean condition.

16. ACCESS TO WORK: Town
representatives shall at all times have access to
the Work wherever it is in preparation or in
progress. Contractor shall provide safe and
proper facilities for such access.

17. ASSIGNMENT OF CONTRACT:

Contractor shall not assign or transfer in any way
any or all of its rights, burdens, duties, or
obligations under this Contract without the prior
written consent of the Town.

18. TIME IS OF THE ESSENCE: Time is of
the essence in the performance of and
compliance with each of the provisions and
conditions of this Contract.

19. FORCE MAJEURE CLAUSE: Neither
Town nor Contractor shall be considered in
default of this Contract for delays in performance
caused by circumstances beyond the reasonable
control of the non-performing party. For purposes
of this Contract, such circumstances include but
are not limited to, abnormal weather conditions;
floods; earthquakes; fire; pandemics or
epidemics; war; riots and other civil disturbances;
strikes, lockouts, work slowdowns, and other
labor disturbances; sabotage or judicial restraint.

Should such circumstances occur, the non -
performing party shall, within a reasonable time
of being prevented from performing, give written
notice to the other party describing the
circumstances preventing continued
performance and the efforts being made to
resume performance of this Contract.

Contractor’s exclusive remedy in the event of
delay covered under this section shall be a non -
compensable extension of the Contract Time.

20. INDEMNIFICATION / HOLD
HARMLESS CLAUSE: To the furthest extent
permitted by California law, Contractor shall
defend, indemnify, and hold free and harmless
the Town, its agents, representatives, officers,
Contractors, employees, trustees, and volunteers
(“the indemnified parties ”) from any and all
claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any
kind, in law or equity, including without limitation
the payment of all consequential damages,
arising out of, pertaining to or relating to, in whole
or in part, the negligence, recklessness, errors or
omissions, or willful misconduct of Contractor, its
officials, officers, employees, subcontractors,
Contractors, or agents directly or indirectly arising
out of, connected wit h, or resulting from the
performance of the Services or from any activity,
work, or thing done, permitted, or suffered by the
Contractor in conjunction with this Contract,
unless the claims are caused wholly by the sole
negligence or willful misconduct of the
indemnified parties. The Town shall have the
right to accept or reject any legal representation
that Contractor proposes to defend the
indemnified parties. employees, agents and
authorized volunteers.

21. PAYMENT: On a monthly basis, but no
later than the fifth (5 th) day of each month, On a
monthly basis, Contractor shall submit an
application for payment based upon the
estimated value for materials delivered or
Services performed under the Contract as of the
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date of submission (“Application for Payment”).

Within thirty (30) days after Town’s approval of
the Application for Payment, Contractor shall be
paid a sum equal to ninety -five percent (95%) of
the value of the Work performed (as verified by
Architect and Inspector and certified by
Contractor) up to the last day of the previous
month, less the aggregate of previous payments
and amount to be withheld. The Town may
deduct from any payment an amount necessary
to protect the Town from loss because of: (1)
liquidated damages which have accrued as of the
date of the application for payment; (2) any sums
expended by the Town in performing any of
Contractor’s obligations under the Contract which
Contractor has failed to perform or has performed
inadequately; (3) defective Work not remedied;
(4) stop notices as allowed by state law; (5)
reasonable doubt that the Work can be
completed for the unpaid balance of the total
Contract Price or by the scheduled completion
date; (6) unsatisfactory prosecution of the Work
by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of the Contractor to
maintain or submit on a timely basis proper and
sufficient documentation as required by the
Contract or by Town during the prosecution of the
Work; (9) erroneous or false estimates by the
Contractor of the value of the Work performed;
(10) any sums representing expenses, losses, or
damages, as determined by the Town, incurred
by the Town for which Contractor is liable under
the Contract; and (11) any other sums whic h the
Town is entitled to recover or withhold from
Contractor under the terms of the Contract or
pursuant to state law, including section 1727 of
the California Labor Code. The failure by the
Town to deduct any of these sums from a
progress payment shall not constitute a waiver of
the Town’s right to recover those sums. The
Town shall retain five percent (5%) from all
amounts owing as retention. Retention shall be
paid pursuant to Public Contract Code sections
7107 and 7200. Contractor shall pay all
subcontractors for all work performed in
accordance with the terms of their respective
subcontracts and as provided for in Section
7108.5 of the Business and Professions Code.

Payments to subcontractors shall be based on
progress payments paid to Contractor pursuant to
this Contract.

22. PROMPT PAYMENT: Town shall review
and pay all progress payment requests in
accordance with the provisions set forth in
Section 20104.50 of the California Public
Contract Code. However, no progress payments
will be made for Work not completed in
accordance with this Contract. Contractor shall
comply with all applicable laws, rules and
regulations relating to the proper payment of its
employees, subcontractors, suppliers or others.

23. SUBSTITUTIONS FOR CONTRACT
RETENTIONS: Pursuant to California Public
Contract Code section 22300, Contractor may
substitute securities for any money withheld by
the Town to ensure the performance under the
Contract. At the request and expense of
Contractor, securities equivalent to the amount
withheld shall be deposited with the Town, with
the State or a 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 su bject to a written agreement
between the escrow agent and the Town, which
provides that no portion of the securities shall be
paid to Contractor until the Town has certified to
the escrow agent, in writing, that the Contract has
been satisfactorily completed. The Town shall
certify that the Contract has been satisfactorily
completed within sixty (60) days of work
"completion" as defined in Section 7107(c) of the
California Public Contract Code. Securities
eligible for investment under this section shall be
limited to those listed in Section 16430 of the
Government Code, bank or savings & loan
certificates of deposit, interest -bearing demand
deposit accounts, stand-by letters of credit, or any
other security mutually agreed to by Contractor.

24. TITLE TO WORK: As security for partial,
progress, or other payments, title to Work for
which such payments are made shall pass to
Town at the time of payment. To the extent that
title has not previously been vested in Town by
reason of payments, full title shall pass to Town
at delivery of the Work at the destination and time
specified in this Contract. Such transferred title
shall in each case be good, free and clear from
any and all security interests, liens, or other
encumbrances. Contractor promises and agrees
that it will not pledge, hypothecate, or otherwise
encumber the items in any manner that would
result in any lien, security interest, charge, or
claim upon or against said items. Such transfer
of title shall not imply acceptance by Town, nor
relieve Contractor from the responsibility to
strictly comply with the Contract, and shall not
relieve Contractor of responsibility for any loss of
or damage to items.

25. LABOR AND MATERIAL RELEASES :

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

26. WARRANTY/QUALITY:

26.1. Contractor warrants all Work under the
Contract (which for purposes of this Section shall
be deemed to include unauthorized work which
has not been removed and any non -conforming
materials incorporated into the Work) to be of
good quality and free from any defective or faulty
material and workmanship.

26.2. Unless a longer warranty is called for
elsewhere in the Contract, Contractor,
manufacturer, or their assigned agents shall
guarantee the workmanship, product or Services
performed against defective workmanship,
defects or failures of materials for a minimu m
period of one (1) year from Town’s written
acceptance of the Work. All workmanship and
merchandise must be warranted to be in
compliance with applicable California energy,
conservation, environmental, and educational
standards.

26.3. All warranties and guarantees of
subcontractors, suppliers and manufacturers with
respect to any portion of the Work, whether
express or implied, are deemed to be obtained by
Contractor for the benefit of the Town, regardless
of whether or not such warranties and guarantees
have been transferred or assigned to the Town by
separate agreement and Contractor agrees to
enforce such warranties and guarantees, if
necessary, on behalf of the Town.

27. COMPLETION / OCCUPANCY:

27.1. Occupancy: There is no “Substantial
Completion” or “Beneficial Occupancy” for this
Project, although the Town reserves the right to
occupy buildings at any time before formal
Contract completion and that occupancy shall not
constitute final acceptance or approval of any part
of the Work covered by this Contract, nor shall
that occupancy extend the date specified for
completion of the Work.

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

28. CLAIMS RESOLUTION:

28.1. Public Contract Code § 9204.

Claims between the Town and the Contractor
shall be resolved in accordance with the
procedures established in Public Contract Code
§ 9204.

28.2. Claim. The term “Claim” means
a written demand by the Contractor sent by
registered mail or certified mail with return receipt
requested for:

28.2.1. An extension of the
Contract Time, including relief from damages or
penalties assessed by the Town for delay;

28.2.2. Payment of money or
damages arising from work done by, or on behalf
of, the Contractor pursuant to the Contract and
payment that is not otherwise expressly provided
for in the Contract Documents or to which the
Contractor is not otherwise entitled; or

28.2.3. Payment of an amount
that is disputed by the Town.

28.3. Submission of Claim. A Claim
arises upon the Town’s rejection of a request by
the Contractor for a change order. The
Contractor shall submit the Claim by registered
mail or certified mail with return receipt requested
to the Town’s Director of construction and
Modernization, with a copy to the Project
Manager/Construction Manager. The Contractor
shall submit its Claim in writing, together with all
Supporting Documentation no later than the
earlier of either: (1) thirty (30) days after the date
the Claim arises; or (2) sixty (60) days after the
date of completion. It is the intent of the Town to
evaluate and resolve Claims with the Contractor
as close to the events giving rise to such Claims
as possible and to avoid stale or late Claims,
including late notice and documenting of Claims,
and to timely mitigate the issue, event, condition,
circumstance and/or cause of the Claim and any
adverse impacts or damages related thereto.

28.4. Contents of Claim. A Claim
must include all Supporting Documentation and a
statement identifying it as a Claim signed by an
authorized agent or officer of the Contractor
under penalty of perjury and including the
following language immediately above or before
the Contracto r’s signature: “I declare under
penalty of perjury under the laws of the State of
California that the information provided and
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statements made in this Claim are true and
correct, substantiated and of merit.” The
Contractor recognizes and acknowledges that
this requirement is not a mere formality but is
intended to ensure that the Contractor only
submits Claims that it believes ar e true and
correct, substantiated and have merit.

28.5. Subcontractor Claims.

Pursuant to Public Contract Code § 9204(d)(5), a
Subcontractor may request in writing, either on its
own behalf or on behalf of a lower tier
Subcontractor, that the Contractor submit to the
Town a claim for work which was performed by
the Subcontractor or by a lower tier Subcontractor
on behalf of the Subcontractor. The
Subcontractor requesting that the claim be
submitted to the Town shall furnish reasonable
documentation to support the claim. Regardless
of whether or not the Contractor decides to
submit the Subcontractor’s claim to the Town,
Contractor shall provide a copy of the
Subcontractor’s written request, including all
supporting documentation, to the Project
Manager/Construction Manager within ten (10)
days of Contractor’s receipt of the request. In the
event the Contractor agrees t o submit a
Subcontractor’s claim to the Town, the Contractor
shall submit such claim as a request for a change
order, unless such claim was previously
submitted to the Town as a request for a change
order. Within forty-five (45) days of receipt of the
Subcontractor’s written request, the Contractor
shall notify the Subcontractor in writing as to
whether the Contractor submitted the claim to the
Town and, if the Contractor did not submit the
claim, the Contractor shall provide the
Subcontractor with a written statement of the
reasons for not having done so and shall
concurrently provide a copy of su ch written
statement to the Project Manager/Construction
Manager. In the event the Contractor includes
supporting documentation with such written
statement, the Contractor shall concurrently
provide a copy of such supporting documentation
to the Project Manager/Construction Manager. If
the Contractor submits a Claim on behalf of a
Subcontractor, the Claim shall include a
statement in writing and signed by an authorized
agent or officer of the Contractor under penalty of
perjury that includes the following language
immediately above or before the Contractor’s
signature: “I declare under penalty of perjury
under the laws of the State of California that
[insert name of Contractor] has thoroughly
evaluated the claim of [insert name of
Subcontractor] and determ ined that the
information provided and statements made in the
claim are true and correct, substantiated and of
merit.”

28.6. Town Review of Claim . Upon
receipt of a Claim, the Town shall review the
Claim and, within a period not to exceed forty-five
(45) days, shall provide Contractor a written
statement identifying what portion of the Claim is
disputed and what portion is undisputed. Upon
receipt of a Claim, the Town and the Contractor
may, by mutual written agreement, extend the
forty-five (45) day time period. The Town shall
process and make payment of any undisputed
portion of a Claim within sixty (60) days after the
Town issues its written statement. Failure by the
Town to provide a written statement in response
to a Claim from the Contractor within the forty-five
(45) day time period, or within an agreed upon
extended time period, shall result in the Claim
being deemed rejected in its entirety. A Claim
that is rejected by reason of the Town’s failure to
respond, or failure to timely respond, to the Claim
shall not constitute an adverse finding regarding
the merits of the Claim or the claimant’s
responsibility or qualifications.

28.7. Meet and Confer Meeting. If
the Contractor disputes the Town’s written
response, or if the Town fails to respond within
the time frame prescribed above, the Contractor,
within fifteen (15) days of the Town’s written
response or, if the Town fails to respond, within
fifteen (15) days after the Town’s response was
due, may demand, in a writing sent to the Town’s
Superintendent by registered mail or certified
mail, return receipt requested, with a copy to the
Town’s Director of Construction and
Modernization, and Project
Manager/Construction Manager, an informal
conference to meet and confer for settlem ent of
the issues in dispute. The Town shall schedule a
meet and confer conference within thirty (30)
days of its receipt of the Contractor’s written
demand.

28.8. Mediation. Within ten (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 sixty
(60) days afte r 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. The
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expenses and fees of the mediator and the
administrative fees shall be divided among the
parties equally. Each party shall pay its own legal
fees, witness fees, and other expenses. The
Town and the Contractor shall mutually agree to
a mediator within ten (10) business days after the
disputed portion of the Claim has been identified
in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and
those mediator s shall select a qualified neutral
third party to mediate with reg ard 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. The foregoing notwithstanding,
pursuant to Public Contract Code § 9204(f), the
parties may mutually agree in writing to waive
mediation.

28.9. Pending resolution of the
dispute, Contractor agrees it will neither rescind
the Contract nor stop the progress of the Work
but will allow determination by the court of the
State of California, in the county in which the
Town’s administration office is located, having
competent jurisdiction of the dispute.

28.10. Nothing in this Article shall
prevent the Parties from resolving any disputes or
claims pursuant to Public Contract Code section
20104, et seq., if applicable. Nothing in this
Contract, waives, modifies or tolls the
Contractor’s obligation to present a tim ely claim
under Government Code § 910, et seq.

Therefore, in addition to complying with the
contractual Claims procedures, the Contractor is
required to present claims to the Town pursuant
to Government Code § 910, et seq.

29. LABOR CODE RE QUIREMENTS:

Provided that the Contract Price is more than
$1,000, and the Work is a “public works” under
the Labor Code, the parties agree as follows:

29.1. The Work is subject to
compliance monitoring and enforcement by the
Department of Industrial Relations.

29.2. Town hereby provides notice of
the requirements described in Labor Code §
1771.1(a) that a contractor or subcontractor shall
not be qualified to bid on, be listed in a bid or
proposal, or engage in the performance of any
contract for public work, unless curren tly
registered and qualified to perform public work
pursuant to Labor Code § 1725.5.

29.3. Contractor acknowledges that all
or a portion of the Services under this Contract
are a public work, and that it and its
subcontractors have complied with Labor Code §
1725.5, including, without limitation, the
registration requirements thereof.

29.4. Contractor shall post all required
job site notices and shall comply with all
applicable requirements prescribed thereby,
including but not limited to Labor Code § 1771.4.

29.5. Contractor shall comply with all
applicable provisions of the Labor Code, Division
3, Part 7, Chapter 1, Articles 1 -5, including,
without limitation, the payment of the general
prevailing per diem wage rates for public work
projects of more than one thousa nd dollars
($1,000).

29.6. Copies of the prevailing rate of
per diem wages are on file with the Town.

29.7. Contractor and each
subcontractor shall comply with Chapter 1 of
Division 2, Part 7 of the Labor Code, beginning
with § 1720, and including §§ 1735, 1777.5 and
1777.6, forbidding discrimination, and §§ 1776,
1777.5 and 1777.6 concerning the employment of
apprentices by Contractor or subcontractors.

Willful failure to comply may result in penalties,
including loss of the right to bid on or receive
public works contracts. Contractor shall comply
with Labor Code § 1777.5 pertaining to prevailing
wage compensat ion to apprentices for
preemployment activities.

29.8. Contractor is advised that eight
(8) hours labor constitutes a legal day’s work.

Pursuant to Section 1813 of the California Labor
Code, Contractor shall forfeit a penalty of $25.00
per worker for each day that each worker is
permitted to work more than eight (8) hours in any
one calendar day and forty (40) hours in any one
calendar week, except when payment for
overtime is made at not less than one and
one-half (1 -1/2) times the basic rate for that
worker.

30. DEBARMENT OF CONTRACTORS:

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 be tween 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.

31. PAYROLL RECORDS: Contractor and
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its subcontractor(s) shall keep accurate certified
payroll records of employees and make them
available to the Town immediately upon request.

32. AUDIT: Contractor shall establish and
maintain books, records, and systems of account,
in accordance with generally accepted
accounting principles, reflecting all business
operations of Contractor transacted under this
Contract. Contractor shall retain these book s,
records, and systems of account during the Term
of this Contract. Contractor shall permit the Town,
its agent, other representatives, or an
independent auditor to audit, examine, and make
excerpts, copies, and transcripts from all books
and recor ds, and to make audit(s) of all billing
statements, invoices, records, and other data
related to the Services covered by this Contract.

Audit(s) may be performed at any time, provided
that the Town shall give reasonable prior notice
to Contractor and shall conduct audit(s) during
Contractor’s normal business hours, unless
Contractor otherwise consents.

33. CONFIDENTIALITY: Contractor shall
maintain the confidentiality of all information,
documents, programs, procedures, and all other
items that Contractor encounters while
performing the Contractor’s Services to the extent
allowed by law. This requirement shall be
ongoing and shall survive the expiration or
termination of this Contract..

34. ANTI-DISCRIMINATION: It is the policy
of the Town that in connection with all work
performed under contracts there be no
discrimination against any employee engaged in
the work because of race, color, ancestry,
national origin, or religious creed, and therefore
the Contractor agrees to comply with applic able
Federal and California laws including, but not
limited to the California Fair Employment Practice
Act beginning with Government Code Section
12900 and Labor Code Section 1735. In addition,
the Contractor agrees to require like compliance
by all its subcontractor(s).

35. ANTI-TRUST CLAIM : This provision
shall be operative if this Contract is applicable to
California Public Contract Code Section 7103.5.

In entering into this Contract to supply goods,
services or materials, Contractor hereby offers
and agrees to assign to Town all rights, title, and
interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C.

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

36. GOVERNING LAW: This Contract shall
be governed by and construed in accordance with
the laws of the State of California with venue of
any action in a in the county in which the Town’s
administration office is located.

37. PROVISIONS REQUIRED BY LAW
DEEMED INSERTED: Each and every provision
of law and clause required by law to be inserted
in this Contract shall be deemed to be inserted
herein and this Contract shall be read and
enforced as though it were included therein.

38. BINDING CONTRACT: This Contract
shall be binding upon the Parties hereto and upon
their successors and assigns, and shall inure to
the benefit of the Parties and their successors
and assigns.

39. AGENCY WAIVER: Town's waiver of
any term, condition, covenant or waiver of a
breach of any term, condition or covenant shall
not constitute the waiver of any other term,
condition or covenant or the waiver of a breach of
any other term, condition or covenant.

40. TIME IS OF THE ESSENCE: Time is of
the essence in the performance of this Contract.

41. NO ASSIGNMENT: Contractor shall not,
either voluntarily or by action of law, assign or
transfer this Contract or any obligation, right, title
or interest assumed by Contractor herein without
the prior written consent of Town. If Contractor
attempts an assignment or transfer of this
Contract or any obligation, right, title or interest
herein, Town may, at its option, terminate and
revoke the Contract and shall thereupon be
relieved from any and all obligations to Contractor
or its assignee or transferee.

42. NO THIRD PARTY BENEFICIARIES:

There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.

43. CONTRACT INTERPRETATION:

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

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

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

46. CONFLICT OF INTEREST : Contractor
maintains and warrants that it has not employed
nor retained any company or person, other than
a bona fide employee working solely for
Contractor, to solicit or secure this Agreement.

Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person,
other than a bona fide employee working solely
for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration
contingent upon or resulting from the award or
making of this Contract. For breach or violation
of this warranty, Town shall have the right to
rescind this Contract without liability. For the term
of this Contract, no official, officer or employee of
Town, during the term of his or her service with
Town, shall have any direct interest in this
Contract, or obtain any present or anticipated
material benefit arising therefrom. In addition,
Contractor agrees to file, or to cause its
employees or subcontractors to file, a Statement
of Economic Interest with Town’s Filing Officer as
required under state law in the performance of the
Work.

47. ENTIRE CONTRACT; MODIFICATION :

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

48. INVALID TERM: If any provision of this
Contract is declared or determined by any court
of competent jurisdiction to be illegal, invalid or
unenforceable, the legality, validity or
enforceability of the remaining parts, terms and
provisions shall not be affected thereby, and said
illegal, unenforceable or invalid part, term or
provision will be deemed not to be a part of this
Contract.

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Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Ex. D

EXHIBIT D TO CONTRACT
(SPECIAL TERMS & CONDITIONS)

[Reserved]

[Insert appropriate Special Conditions as necessary; if none insert “RESERVED” ]

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EXHIBIT E TO CONTRACT
(PAYMENT BOND & PERFORMANCE BOND)

[DOCUMENTS BEGIN FOLLOWING THIS PAGE]
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PERFORMANCE BOND

PERFORMANCE BOND (100% of Contract Price)
(Note: Contractors must use this form, NOT a surety company form.)

WHEREAS, the Board of Directors (“Board”) of the Town of Colma (“Town”) and

_________________________________________________________ (“ Principal”)

have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project:

_____________________________________________________________________________ (Project Name) (“Project” or “Contract”)

which Contract dated _________________________________________________________, 20___, and all of the Contract Documents attached to or forming a part of the Contract, are hereby referred to and made a part hereof, and

WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract;

NOW, THEREFORE, the Principal and _____________________________________________________ (“Surety”) are held and firmly bound unto the Town in the penal sum of:

$ ________________________________________________________________ DOLLARS,

lawful money of the United States, for payment to the Town and will and truly be made pursuant to the provisions herein. Principal and Surety, each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally to:

- Perform all the work required to complete the Project; and - Pay to the Town all damages the Town incurs as a result of the Principal’s failure to perform all the Work required to complete the Project.

In the event the Principal is declared by the Town to be in breach or default in the performance of the Contract, then, after written notice from the Town to the Surety, as provided for herein, the Surety shall either remedy the default or breach of the Principal or shall take charge of the Work of the Contract and complete the Contract with a Contractor other than the Principal at its own expense; provided , however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Town.

The condition of the obligation is such that, if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the intent and meaning, including all contractual guarantees and warrantees of materials and workmanship, and shall indemnify and save harmless the Town, its trustees, officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract, the above obligation shall hold good for a period equal to the warranty and/or guarantee period of the Contract, during which time Surety’s obligation shall continue if Contractor shall fail to make full, complete, and satisfactory repair, replace, 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 obli gation of Contractor 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. E

remains. Nothing herein shall limit the Town’s rights or the Contractor’s or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the Contract Documents or to the Work.

Any claims under this bond may be addressed to the Surety at the following address. This cannot be the Contractor’s broker for this bond, but must be an employee of the Surety or the Surety’s legal counsel:

______________________________________________________________

______________________________________________________________

Attention: _____________________________________________________

Telephone No.: (________) _____________ - __________________

Fax No.: (________) _____________ - ______________________________

E-mail Address: _________________________________________________

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on _______________________, 20_____.

Principal

______________________________________
(Name of Principal)

______________________________________
(Signature of Person with Authority)

______________________________________
(Print Name)

Surety

______________________________________
(Name of Surety)

______________________________________
(Signature of Person with Authority)

______________________________________
(Print Name)

______________________________________
(Name of California Agent of Surety)

______________________________________
(Address of California Agent of Surety)

______________________________________
(Telephone Number of California Agent of Surety)

Contractor must attach a Notarial Acknowledgment for all Surety's signatures and a Power of Attorney and Certificate of Authority for Surety. The California Department of Insurance must authorize the Surety to be an admitted surety insurer.
25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. E

PAYMENT BOND

PAYMENT BOND -- Contractor's Labor & Material Bond (100% of Contract Price) (Note: Contractors must use this form, NOT a surety company form.)

WHEREAS, the Board of Directors (“Board”) of the Town of Colma (“Town”) and

_________________________________________________________(“ Principal”)

have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project:

_____________________________________________________________________________ (Project Name) (“Project” or “Contract”)

which Contract dated _________________________________________________________, 20___, and all of the Contract Documents attached to or forming a part of the Contract, are hereby referred to and made a part hereof, and

WHEREAS, pursuant to law and the Contract, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by which the Contract is awarded in an amount equal to 100 percent (100%) of the Contract price, to secure the claims to which reference is made in the Civil Code of California, including section 9100, and the Labor Code of California, including section 1741.

NOW, THEREFORE, the Principal and _____________________________________________________ (“Surety”) are held and firmly bound unto all laborers, material men, and other persons referred to in said statutes in the penal sum of:

$ ________________________________________________________________ DOLLARS,

lawful money of the United States, being a sum not less than the total amount payable by the terms of Contract, for the payment of which sum well and truly to be made pursuant to all applicable statutes and laws applicable to the provisions herein. Princip al and Surety, each of us, bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, to those applicable statutes and laws, and to the provisions herein.

The condition of this obligation is that if the Principal or any of his or its subcontractors, of the heirs, executors, administrators, successors, or assigns of any, all, or either of them shall fail to pay for any labor, materials, provisions, 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 thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to that work or labor, that the Surety wil l pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay a reasonable attorney's fee to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under sections 9000 through 9566 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and affect.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, 25977.00130\44124785.1

Town of Colma – 2025-26 STREET PAVEMENT MAINTENANCE PROJECT – Contract – Ex. E

or addition to the Contract Documents or to the Work.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on _______________________, 20_____.

Principal

______________________________________
(Name of Principal)

______________________________________
(Signature of Person with Authority)

______________________________________
(Print Name)

Surety

______________________________________
(Name of Surety)

______________________________________
(Signature of Person with Authority)

______________________________________
(Print Name)

______________________________________
(Name of California Agent of Surety)

______________________________________
(Address of California Agent of Surety)

______________________________________
(Telephone Number of California Agent of Surety)

Contractor must attach a Notarial Acknowledgment for all Surety's signatures and a Power of Attorney and Certificate of Authority for Surety. The California Department of Insurance must authorize the Surety to be an admitted surety insurer.