Agenda packet — Colma City Council, January 14, 2026 (part 1 of 2)

Regular Meeting Agenda 01.14.26 Page 1 of 3

AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, January 14, 2026
Regular Session – 7:00 PM

The City Council meeting will be held in person in the City Council Chambers. The Town will only accept public comments from the public attending in person and will not accept public comments via Zoom.

As a courtesy and technology permitting, the meeting can also be viewed /heard via Zoom Video Conference, but no public comment will be allowed or accepted by the Town via Zoom. The Town cannot guarantee that the public’s access to Zoom will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue, even if the public is unable to view/hear or otherwise access the meeting via Zoom.

To attend the meeting in person:

Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014

To view/hear the meeting via Zoom Video Conference:

Join Zoom Meeting:

https://us02web.zoom.us/j/85610028212

Meeting ID: 856 1002 8212

Dial by your location:
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To provide Public Comment:

Members of the public wishing to provide public comment are required to attend the meeting in person and are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less. If there appears to be a large number of speakers, time may be reduced to no less than one minute each, at the discretion of the Mayor.

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

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

Regular Meeting Agenda 01.14.26 Page 2 of 3

PLEDGE OF ALLEGIANCE AND ROLL CALL

ADOPTION OF AGENDA

PRESENTATIONS
• Recognition of Colma Historical Association President Maureen O’Connor’s 80 th Birthday
• Presentation from C/CAG and San Mateo County Transportation Authority • Holiday House Decorating Contest Winners

PUBLIC COMMENTS

Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.

Comments on Agenda Items will be heard when the item is called.

CONSENT CALENDAR

1. Motion to Approve the Minutes from the December 9, 2025 Special Meeting

2. Motion to Approve the Minutes from the December 10, 2025 Regular Meeting

3. Motion to Approve Checks Paid for the Month of November 2025

4. Motion to Adopt a Resolution Directing Town Staff to Fly Various Commemorative Flags in Lieu of the Town Flag at the Colma Community Center Pursuant to CEQA Guideline 15301 and 15378

5. Motion to Approve the Bid Document Package and Authorizing Staff to Solicit Formal Bids for the Sterling Park Residential Streetlight Replacement Project and Authorizing the City Manager to Approve Minor Changes to the Plan Documents as Needed Pursuant to CEQA Guideline 15301

6. Motion to Approve and Accept the Annual Development Impact Fee Report for Fiscal Year Ending June 30, 2025 Pursuant to the Mitigation Fee Act Pursuant to CEQA Guideline 15378

7. Motion to Adopt a Resolution for Approving and Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the County of San Mateo for the San Mateo County Compost Procurement for Climate Solutions Program Pursuant to CEQA Guideline 15308

Regular Meeting Agenda 01.14.26 Page 3 of 3

PUBLIC HEARING

8. COLMA BUILDING CODES

Consider: Motion to Adopt an Ordinance Amending Subchapter 5.04 of the Town of Colma Municipal Code, Adopting by Reference the 2025 Edition of the California Building Standards Code (California Code of Regulations, Title 24), Consisting of the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Fire Code, the 2025 California Energy Code, the 2025 California Green Building Standards Code, the 2025 California Historical Building Code, the 2025 Existing Building Code, the 2025 Wildland-Urban Interface Code, the 2025 California Referenced Standards Code; the 1997 Edition of the Uniform Housing Code; and the 2024 International Property Maintenance Code; Together with Certain Additions, Amendments, and Deletions

9. ACCESSORY DWELLING UNIT ORDINANCE AMENDMENTS

Consider: Motion to Introduce An Ordinance of the City Council of the Town of Colma Amending Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to Align Local Regulations with the California Government Code, Title 7, Division 1, Chapter 13, as Amended by Legislation Effective January 1, 2024; March 27, 2024; January 1, 2025; and January 1, 2026, and Finding the Action to be Statutorily Exempt from CEQA Under Public Resources Code Section 21080.17

STUDY SESSION

10. LED READER BOARD SIGNS

This item is a study session for information purposes only. No City Council action will be taken; the purpose of this item is to allow the City Council to consider different features of LED electronic reader board signs and provide comments, questions, impressions and feedback to staff.

REPORTS

Mayor/City Council Reports

Committee Reports

City Manager Report

ADJOURNMENT

Minutes – Special Meeting 12.09.25 Page 1 of 3

MINUTES

SPECIAL MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also Accessible via Zoom.us
Tuesday, December 9, 2025
6:00 PM

PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Gonzalez called the meeting to order at 6:05 p.m.

Co
uncil Present – Mayor Ken Gonzalez, Vice Mayor Carrie Slaughter and Council Members Helen Fisicaro, Joanne F. del Rosario, and Thomas Walsh Co
uncil Absent – None
St
aff Present – City Manager Daniel Barros, Assistant City Attorney Robert Murillo II, Chief of Police John Munsey, Administrative Services Director Nathan Bassett, Director of Planning and Public Works Brad Donohue, City Planner Farhad Mortazavi, City Engineer Cyrus Kianpour, Colma Police Officers, City Clerk Michelle Estabillo, Deputy City Clerk Abigail Dometita, and Accounting Technicians Maria Martinez and Lidia Munoz C
ouncil recited the Pledge of Allegiance.

NTRODUCTIONS
Mayor Gonzalez welcomed the audience and acknowledged special guests and elected officials in attendance:
• M
ary Brodzin, Former Council Member
• Dennis Fisicaro, Former Council Member
• John Irish Goodwin, Former Council Member
• Felicia Leong, CEO of Colma/Daly City Chamber of Commerce • Dustin Chase and Rommel Medina of Lucky Chances
• Ana De Arce, Superintendent of the Hillsborough School District

PRESENTATIONS TO OUTGOING MAYOR AND REMARKS BY OUT-GOING MAYOR The City Council presented Mayor Gonzalez with a proclamation, a gavel, flowers and a donation to the Colma Firemen’s Social Club. They also presented him with a photobook showcasing his year as Mayor at various events throughout Town and the county.

Mayor Gonzalez made remarks as the out-going Mayor.

NOMINATION AND APPOINTMENT OF MAYOR
Mayor Gonzalez called upon the Council to make nominations for Mayor.

AGENDA ITEM #1

Minutes – Special Meeting 12.09.25 Page 2 of 3
Council Member Fisicaro nominated Carrie Slaughter for Mayor, and the nomination was seconded by Mayor Gonzalez.

There were no other nominations, and Mayor Gonzalez closed the nominations for Mayor and called for a vote.

Action: A motion was made by Council Member Fisicaro, seconded by Mayor Gonzalez, to select Carrie Slaughter as Mayor. The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor 
Carrie Slaughter 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
5 0

ADMINISTRATION OF THE OATH OF OFFICE TO NEW MAYOR
Outgoing Mayor Gonzalez asked Ana De Arce to come to the podium to administer the Oath of Office to the new Mayor Carrie Slaughter.

Outgoing Mayor Gonzalez presented Mayor Slaughter with flowers to celebrate her new term as Mayor.

Mayor Slaughter introduced her guests and gave her remarks as the in-coming Mayor.

NOMINATION AND APPOINTMENT OF VICE MAYOR
Mayor Slaughter called upon the Council to make nominations for Vice Mayor.

Council Member del Rosario nominated Helen Fisicaro for Vice Mayor, and the nomination was seconded by Council Member Walsh.

There were no other nominations, and Mayor Slaughter closed the nominations for Vice Mayor and called for a vote.

Action: A motion was made by Council Member del Rosario, seconded by Council Member Walsh, to select Helen Fisicaro as Vice Mayor. The motion carried by the following vote:

Minutes – Special Meeting 12.09.25 Page 3 of 3

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0

ADMINISTRATION OF THE OATH OF OFFICE TO VICE MAYOR
Mayor Slaughter asked Gianna Fisicaro, Sabine Minkin, Kaden Minkin, and Tevye Minkin to come to the podium to administer the Oath of Office to the new Vice Mayor Helen Fisicaro.

Vice Mayor Fisicaro introduced her guests and gave her remarks as the in-coming Vice Mayor.

OTHER PRESENTATIONS
The following people made public comment:

• Felicia Leong, CEO of Colma/Daly City Chamber of Commerce • Resident Carl Moisoff

SIGNING OF THE VALUES BASED CODE OF CONDUCT
Mayor Slaughter announced, “In 2009, the City Council adopted the Values Based Code of Conduct to promote and maintain the highest standards of personal and professional conduct in the Town’s government. In 2019, Council and staff participated in a team building exercise and worked together to revise and update the pledge. The newly updated Code of Conduct includes the longstanding values of fairness, honesty and integrity, responsibility, vision and respect, and focuses on practical ways to live up to these values while highlighting the importance of trust, communication, collaboration and compassion.

Council will now sign this pledge. Staff will also sign and it will be posted on our website as a reminder of our commitment to the public and to each other.”

The Mayor and each member of Council signed the pledge.

ADJOURNMENT
Mayor Slaughter adjourned the meeting at 6:37 p.m. and asked everyone to stay for the reception.

Respectfully submitted,

Abigail Dometita, CMC
Deputy City Clerk

Minutes – Regular Meeting 12.10.25 Page 1 of 6

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also viewable via Zoom.us
Wednesday, December 10, 2025
Regular Session – 7:00 PM
P

LEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Slaughter called the meeting to order at 7:00 p.m.

Co
uncil Present – Mayor Carrie Slaughter, Vice Mayor Helen Fisicaro, and Council Members Joanne F. del Rosario, Thomas Walsh, and Ken Gonzalez
Co
uncil Absent – None
St
aff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Chief of Police John Munsey, Administrative Services Director Nathan Bassett, Director of Planning and Public Works Brad Donohue, City Planner Farhad Mortazavi, Human Resources Manager Juan Rumayor, City Clerk Michelle Estabillo, and Deputy City Clerk Abigail Dometita C
ouncil recited the Pledge of Allegiance.

DOPTION OF THE AGENDA
A
ction: A motion was made by Council Member Walsh, seconded by Council Member del Rosario, to adopt the agenda. The motion carried by the following vote:

N
ame Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0
P

UBLIC COMMENTS
T
here were no Public Comments.

CONSENT CALENDAR

1. Motion to Approve the Minutes from the November 12, 2025 Regular Meeting 2 . Motion to Approve Report of Checks Paid for October 2025 AGENDA ITEM #2

Minutes – Regular Meeting 12.10.25 Page 2 of 6

3. Motion to Accept the Lawndale Blvd RRFB Mid-Block Crosswalk and Bike Lane Improvement Project and Directing the Director of Public Works to File a Notice of Completion for the Project with the San Mateo County Recorder’s Office Pursuant to CEQA Guideline 15301

4. Motion to Approve 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

5. Motion to Introduce Ordinance No. 828 Amending Subchapter 5.04 of the Town of Colma Municipal Code, Adopting by Reference the 2025 Edition of the California Building Standards Code (California Code of Regulations, Title 24), Consisting of the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Fire Code, the 2025 California Energy Code, the 2025 California Green Building Standards Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code, the 2025 California Wildland-Urban Interface Code, and the 2025 California Referenced Standards Code; the 1997 Edition of the Uniform Housing Code; and the 2024 International Property Maintenance Code; Together with Certain Additions, Amendments, and Deletions; and Waive Further Reading of the Ordinance and Schedule a Public Hearing for January 14, 2026 to Adopt the Ordinance
There were no Public Comments.

Action: A motion was made by Council Member Gonzalez, seconded by Council Member Walsh, to approve the Consent Calendar.

The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0

NEW BUSINESS

6. COUNCIL OF CITIES AND CITY SELECTION COMMITTEE

City Clerk Estabillo presented the staff report.

There were no Public Comments.

Council had questions, and City Attorney Diaz and City Clerk Estabillo answered their questions.

Minutes – Regular Meeting 12.10.25 Page 3 of 6
Action: A motion was made by Vice Mayor Fisicaro, seconded by Council Member Walsh, to Confirm Designation of the Mayor as the Voting Member for the Council of Cities, Designating an Alternate Voting Member, and Giving the Voting Member Discretion on Any and All Matters to be Considered.

The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0
Vice Mayor Fisicaro recommended that Council discuss the specific vacancies up for selection so that the Mayor can make informed voting decisions at the upcoming Council of Cities Meeting.

Council agreed and City Attorney Diaz informed Council that a motion to reconsider the item must be made.

Action: A motion was made by Vice Mayor Fisicaro, seconded by Council Member del Rosario, to reconsider Item #6.

The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0
Council discussion followed regarding specific voting decisions.

City Attorney Diaz informed Council that another motion must be made.

Action: A motion was made by Vice Mayor Fisicaro, seconded by Council Member Gonzalez, to Confirm Designation of the Mayor as the Voting Member for the Council of Cities, Designating an Alternate Voting Member, Giving the Voting Member Discretion on Any and All Matters to be Considered, and to vote in alignment with the Council’s recommendations as discussed.

The motion carried by the following vote:

Minutes – Regular Meeting 12.10.25 Page 4 of 6

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0

7. COUNCIL COMMITTEE ASSIGNMENTS FOR 2026

City Clerk Estabillo presented the staff report.

There were no Public Comments.

Council discussion followed.

Below is the list of 2026 Committee Assignments that the Council discussed and agreed on:

Committee Name Primary Secondary
Association of Bay Area Governments (ABAG)
(General Assembly meets annually in June in San Francisco) Del Rosario Gonzalez California Cities Gaming Authority
(Meets virtually 3rd Wednesday monthly, 10:00am) Fisicaro Gonzalez City/County Association of Governments (C/CAG)
(Board of Directors meets 2nd Thursday monthly in San
Carlos, 6:30pm)
Walsh Slaughter
Colma Creek Citizens Advisory Committee
(Meets quarterly, 2nd Tuesday 3:00pm in March, June,
September and December in South San Francisco)
Fisicaro n/a
Emergency Services Council
(Meets quarterly, 3rd Thursday at 5:30pm in January, April, June & September, at the Regional Operations Center in
Redwood City)
Slaughter Del Rosario
HEART Member Agency Committee (MAC)
(Meets annually in April in San Mateo) Walsh Gonzalez
Peninsula Clean Energy Board of Directors
(Meets 4th Thursday monthly, 6:30pm at the Peninsula Clean Energy Lobby in Redwood City)
Gonzalez Del Rosario
Peninsula Traffic Congestion Relief Alliance - “Commute.org” Board of Directors Gonzalez Slaughter

Minutes – Regular Meeting 12.10.25 Page 5 of 6
(Meets 5 times a year throughout the county, Thursday
mornings)
San Francisco International Airport Community Roundtable (Meets 1st Wednesday of every even month, 7:00pm at
Millbrae City Hall)
Del Rosario Slaughter
San Mateo County Council of Cities
(Monthly dinner and meetings are held when an
appointment is necessary at the call of the City Selection Committee Chairperson)
Slaughter Fisicaro
Colma Economic Development Subcommittee
(MEETS 2nd TUESDAY EVERY ODD NUMBERED MONTH)
Del Rosario/
Slaughter n/a
Colma Culture and Arts Committee
(MEETS TBD)
Fisicaro/
Walsh n/a

Action: A motion was made by Vice Mayor Fisicaro, seconded by Council Member del Rosario, to Approve Committee Assignments for 2026 and Granting to the Appointee Discretion in Voting Matters Brought Before the Committee.

The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0

OLD BUSINESS

8. FORMATION AND APPOINTMENT OF TWO COUNCILMEMBERS TO A CITY

COUNCIL CULTURE AND ARTS STANDING SUBCOMMITEE

City Manager Barros presented the staff report.

There were no Public Comments.

Council questions and comments followed.

City Manager Barros responded to Council questions.

Action: A motion was made by Council Member Gonzalez, seconded by Council Member del Rosario, to Establish a City Council Standing Culture and Arts Subcommittee and to Appoint Helen Fisicaro and Thomas Walsh to Serve on the Subcommittee.

Minutes – Regular Meeting 12.10.25 Page 6 of 6
The motion carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor 
Helen Fisicaro 
Joanne F. del Rosario 
Thomas Walsh 
Ken Gonzalez 
5 0

COUNCIL CALENDARING

Mayor Slaughter announced the following:
• The Regular Council meeting scheduled for December 24, 2025 will be cancelled. • The next Regular Council meeting will be on January 14, 2026.

REPORTS
Mayor/Council Reports
There were no reports.

Committee Reports
There were no reports.

City Manager Reports
City Manager Barros congratulated the Public Works and Planning Departments on their work applying for a $15.3 million grant from the San Mateo County Transportation Authority to support the El Camino Real Bike and Pedestrian Project.

ADJOURNMENT
Mayor Slaughter adjourned the meeting at 7:28 p.m. in memory of Edward Olivia.

Respectfully submitted,

Abigail Dometita, CMC
Deputy City Clerk

Page: 1Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/V
oid Date Amount PaidInvoice Inv. Date Check Total
03910 NA
THAN BASSETT 8/1/25 ReimbC61381 45.0008/01/202511/24/20251 1/07/2025 45.00
00057 CINTAS CORPORATION #2 4247896980C61382 10/28/202511/14/20251 1/07/2025 1,055.24
C 4247896996 1,691.6010/28/202511/14/2025 636.36
01037 COMCAST
CABLE 0097028 102025C61383 10/20/202511/12/20251
1/07/2025 386.26
C 0097051 102025 10/20/202511/12/2025 386.26
C 0096715 100725 905.7810/07/202511/12/2025 133.26
03224 DECORATIVE PLANT SERVICE, INC. 9255C61384 157.6211/01/202511/10/20251 1/07/2025 157.62
02793 DITO'S MOTORS 033818C61385 131.0610/29/202511/17/20251 1/07/2025 131.06
01367 DUO DANCE ACADEMY 1661386 75.0010/29/202511/07/2025 75.00 03886 LIZBETH B ELLIS 4C61387 220.0010/27/202511/10/20251 1/07/2025 220.00
03268 DAISY ESQUIVIAS 10/3/25 ReimbC61388 44.9410/29/202511/12/20251 1/07/2025 44.94
03616 FLEXIBLE BENEFIT ADMIN 216336C61389 135.0010/28/202511/18/20251 1/07/2025 135.00
02499 GE CAPITAL INFO RICOH USA INC 109562114C61390 389.1010/17/202511/13/20251 1/07/2025 389.10
01340 NAVIA BENEFIT
SOLUTIONS 11031454C61391 400.0010/29/202511/10/20251
1/07/2025 400.00
03538 OWEN BAKER-FLYNN 10/20/202561392 225.0010/20/202511/07/2025 225.00 03391 MARCOS PEREZ 2003229.003C61393 225.0010/28/202511/12/20251 1/07/2025 225.00
03495 PHOENIX TRANSPORT
ATION 11227C61394 4,389.8210/21/202511/13/20251
1/07/2025 4,389.82
03908 SAN FRANCISCO SYMPHONY 18895993C61395 2,144.9307/23/202511/19/20251 1/07/2025 2,144.93
03314 CARLOS SOLORZANO CRS-002-202561396 10/28/202511/07/2025 1,400.00 CRS-001-2025 2,000.0010/28/2025 600.00
03547 ELENA
TELLEZ 2003228.003C61397 50.0010/28/202511/12/20251
1/07/2025 50.00
00394 TENNANT 921644385C61398 833.0010/20/202511/12/20251 1/07/2025 833.00
03710 VESTIS GROUP, INC. 5180518317C61399 10/27/202511/12/20251 1/07/2025 27.55
C 5180520606 55.1011/03/202511/12/2025 27.55
Page: 1
AGENDA ITEM #3
Page: 2Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03798 VIRGO MOON SACRED SPACE, LLC 00009C61400 345.0010/30/202511/13/202511/07/2025 345.00 01572 CARINA ZARATE 2003230.003C61401 200.0010/28/202511/14/202511/07/2025 200.00 00130 EMPLOYMENT DEVELOPMENT DEPT L1989707824C61402 175.0010/29/202511/14/202511/14/2025 175.00 01340 NAVIA BENEFIT SOLUTIONS PAY DATE 11/14/25C61403 11/14/202511/17/202511/14/2025 1,838.73 C PAY DATE 11/14/25 M 2,105.4011/14/202511/17/2025 266.67 01375 NATIONWIDE RETIREMENT SOLUTION PAY DATE 11/14/25C61404 11/14/202511/18/202511/14/2025 4,063.06 C PAY DATE 11/14/25 M 6,183.0611/14/202511/18/2025 2,120.00 03843 INTERNAL REVENUE SERVICE PAY DATE 11/14/25C61405 791.3111/14/202511/20/202511/14/2025 791.31 02787 AECO SYSTEMS, INC. 24710C61406 480.0011/01/202511/18/202511/14/2025 480.00 00038 BROADMOOR LANDSCAPE SUPPLY 68669/68670/68676C61407 680.6810/03/202511/20/202511/14/2025 680.68 03911 CIVICPLUS, LLC 354404C61408 11,617.2511/07/202511/25/202511/14/2025 11,617.25 03539 CLARK PEST CONTROL 38461827C61409 162.0010/27/202511/24/202511/14/2025 162.00 01037 COMCAST CABLE 009476929880887C61410 14,940.4410/26/202511/17/202511/14/2025 14,940.44 03712 HD SUPPLY, INC. F/K/A 898695010C61411 699.6810/20/202511/26/202511/14/2025 699.68 00181 IEDA 25112C61412 1,831.2211/07/202511/25/202511/14/2025 1,831.22 03887 JOHN MITRACOS AND COMPANY 25-297C61413 12,800.0011/07/202511/18/202511/14/2025 12,800.00 02993 MIXTISO 11062025C61414 500.0011/06/202511/18/202511/14/2025 500.00 03557 O'CONNOR & COMPANY 1025-20C61415 5,505.0011/07/202511/17/202511/14/2025 5,505.00 00307 PACIFIC GAS & ELECTRIC 22609C61416 10/28/202511/18/202511/14/2025 226.09 C 9248309814-8 336.1110/23/202511/18/2025 110.02
01450 SAN MATEO LAWN MOWER 249898C61417 488.4310/26/202511/26/202511/14/2025 488.43 01030 STEPFORD, INC. 2502096C61418 11/07/202511/19/202511/14/2025 68,644.06 C 250295 11/07/202511/19/2025 35,565.67
C 2502234 110,597.7711/07/202511/19/2025 6,388.04
Page: 2
Page: 3Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00051 CALIFORNIA WATER SERVICE CO. 10/27/25 Bill Date61419 11,260.9410/27/202511/14/2025 11,260.94 03015 U.S. BANK CORPORATE PMT SYSTEM 10/22/25 GotelliC61420 10/22/202511/18/202511/14/2025 4,417.34 C 10/22/25 Abellana 10/22/202511/18/2025 4,280.69
C 10/22/25 Lum 10/22/202511/18/2025 1,634.82
C 10/22/25 Estabillo 10/22/202511/18/2025 758.75
C 10/22/25 Barros 10/22/202511/18/2025 635.56
C 10/22/25 Bassett 12,086.8110/22/202511/18/2025 359.65 00003 A. S. F. ELECTRIC 4323C61421 11/13/202511/26/202511/21/2025 631.95 C 4322 1,246.9511/13/202511/26/2025 615.00
02787 AECO SYSTEMS, INC. 56828C61422 400.0011/11/202511/26/202511/21/2025 400.00 00020 ASSOCIATED SERVICES 12511002261423 11/01/202511/21/2025 20.00 125110021 29.0011/01/2025 9.00
00004 AT&T 000024300808C61424 40.1411/06/202511/25/202511/21/2025 40.14 02337 AXON ENTERPRISES, INC. INUS393850C61425 207,320.0711/01/202511/26/202511/21/2025 207,320.07 01565 BAY CONTRACT MAINTENANCE, INC. 3394661426 11/14/202511/21/2025 3,021.41 33947 11/14/2025 2,934.14
33948 11/14/2025 2,934.14
33945 11/14/2025 1,711.57
33950 11/14/2025 698.59
33944 11/14/2025 243.99
33949 11,757.0011/14/2025 213.16
03801 BLACK & VEATCH CORPORATION 147927761427 20,700.7510/30/202511/21/2025 20,700.75 02886 BLUETRITON BRANDS INC 05K003645766161428 54.9711/08/202511/21/2025 54.97 02880 BORDEN DECAL 009638161429 1,100.2310/31/202511/21/2025 1,100.23 00054 C/CAG 25405C61430 4,251.3210/14/202511/24/202511/21/2025 4,251.32 00051 CALIFORNIA WATER SERVICE CO. 170644444-11/4/2561431 704.3311/04/202511/21/2025 704.33 00093 CITY OF SOUTH SAN FRANCISCO 52147761432 1,140.0010/20/202511/21/2025 1,140.00 Page: 3
Page: 4Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03539 CLARK PEST CONTROL 3864308061433 11/12/202511/21/2025 150.00 38643082 278.0011/12/2025 128.00
01037 COMCAST CABLE 00346269C61434 376.2611/01/202511/28/202511/21/2025 376.26 00112 DEPARTMENT OF JUSTICE 849080C61435 11/14/202511/25/202511/21/2025 618.00 C 001706 1,025.0011/04/202511/25/2025 407.00
02793 DITO'S MOTORS 03382361436 10/29/202511/21/2025 91.45 033811 182.9010/28/2025 91.45
03616 FLEXIBLE BENEFIT ADMIN 21702161437 45.0011/10/202511/21/2025 45.00 02499 GE CAPITAL INFO RICOH USA INC 10960126761438 525.4411/05/202511/21/2025 525.44 02499 GE CAPITAL INFO RICOH USA INC 5072253113C61439 285.7511/01/202511/26/202511/21/2025 285.75 02965 HAPPYCAKE FACE PAINTING 68812461440 450.2211/13/202511/21/2025 450.22 03601 HEALTH AND HUMAN RESOURCE CNTR E035486061441 64.8011/06/202511/21/2025 64.80 00174 HOME DEPOT CREDIT SERVICES 10/30/2025C61442 195.3510/30/202511/25/202511/21/2025 195.35 03467 IN HOME CPR LLC 9296C61443 590.0011/17/202511/26/202511/21/2025 590.00 00217 L. N. CURTIS & SONS INV1005993C61444 371.9310/31/202511/24/202511/21/2025 371.93 01480 LEXIPOL LLC INVCOR1126060861445 15,000.0011/14/202511/21/2025 15,000.00 03441 MARVIN GARDENS CATERING 1877561446 959.2111/18/202511/21/2025 959.21 00254 METRO MOBILE COMMUNICATIONS 5042361447 602.0011/13/202511/21/2025 602.00 03061 NICK BARBIERI TRUCKING LLC CL78825C61448 262.1210/31/202511/25/202511/21/2025 262.12 00280 ODP BUSINESS SOLUTIONS 26964708C61449 227.6711/01/202511/26/202511/21/2025 227.67 00307 PACIFIC GAS & ELECTRIC 5060180000506018C61450 11/06/202511/25/202511/21/2025 5,060.18 C 258380000020015 5,260.3311/06/202511/25/2025 200.15 03495 PHOENIX TRANSPORTATION 11344C61451 2,044.7011/05/202511/26/202511/21/2025 2,044.70 02970 PRODUCTIVE PRINTING & GRAPHICS 38846 FDC61452 316.3110/30/202511/26/202511/21/2025 316.31 Page: 4
Page: 5Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03775 RAMOS OIL COMPANY CL197763C61453 10/31/202511/25/202511/21/2025 1,485.00 C CL 199175 2,501.9611/10/202511/25/2025 1,016.96
00349 SEGALE & CERINI INC. 1866361454 10/31/202511/21/2025 24,027.00 18664 25,158.0010/31/2025 1,131.00
00500 SMC CONTROLLERS OFFICE OCTOBER 202561455 3,274.3010/31/202511/21/2025 3,274.30 00364 SMC FORENSIC LAB PS-INV104962C61456 1,085.0010/31/202511/28/202511/21/2025 1,085.00 00830 STAPLES BUSINESS CREDIT 700739701461457 1,287.9310/25/202511/21/2025 1,287.93 03002 STELLA PAINTING INC. JOB#25-17761458 2,500.0011/07/202511/21/2025 2,500.00 01030 STEPFORD, INC. 240675361459 310.0011/11/202511/21/2025 310.00 00412 TELECOMMUNICATIONS ENGINEERING 4962961460 1,652.5011/10/202511/21/2025 1,652.50 01101 TERRYBERRY COMPANY LLC ACCT-1-130731C61461 1,165.0310/14/202511/26/202511/21/2025 1,165.03 00411 TURBO DATA SYSTEMS 47098C61462 1,830.4310/31/202511/25/202511/21/2025 1,830.43 03015 U.S. BANK CORPORATE PMT SYSTEM 6887 OCT 202561463 163.4210/31/202511/21/2025 163.42 02849 6746050100 U.S. BANK PARS ACCOUNT 2025-12 OPEBC61464 109,398.0011/17/202511/25/202511/21/2025 109,398.00 03710 VESTIS GROUP, INC. 518052290561465 27.5511/10/202511/21/2025 27.55 02799 WAVE/ASTOUND 130745301-0011837C61466 439.7911/01/202511/28/202511/21/2025 439.79 00047 C.L.E.A. PAY DATE 11/26/2561467 544.0011/26/202511/26/2025 544.00 03843 INTERNAL REVENUE SERVICE PAY DATE 11/26/2561468 791.3111/26/202511/26/2025 791.31 01375 NATIONWIDE RETIREMENT SOLUTION PAY DATE 11/26/2561469 4,063.0611/26/202511/26/2025 4,063.06 01340 NAVIA BENEFIT SOLUTIONS PAY DATE 11/26/25C61470 1,838.7311/26/202511/28/202511/26/2025 1,838.73 02224 STANDARD INSURANCE COMPANY PAY DATE 11/26/2561471 397.5011/26/202511/26/2025 397.50 03855 AT&T ENT LLC, ACC BUSINESS 012214801961472 687.7811/11/202511/26/2025 687.78 03334 LLC AT&T MOBILITY NATIONAL ACCOUNT 287296200335X11102561473 2,532.8711/02/202511/26/2025 2,532.87 Page: 5
Page: 6Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 03892 BAKER TILLY ADVISORY GROUP LP BT337931961474 8,900.0010/31/202511/26/2025 8,900.00 01565 BAY CONTRACT MAINTENANCE, INC. 3385761475 480.0011/03/202511/26/2025 480.00 03702 CORODATA RECORDS MANAGEMENT RS374932161476 129.5410/31/202511/26/2025 129.54 00649 DAVEY TREE EXPERT COMPANY 92011360461477 10/29/202511/26/2025 6,980.00 920105158 11,855.0010/29/2025 4,875.00
00117 DELTA DENTAL OF CALIFORNIA BE00683476761478 14,039.2111/24/202511/26/2025 14,039.21 03449 ABIGAIL DOMETITA 11/12-11/14/25 ReimbC61479 312.1911/19/202511/28/202511/26/2025 312.19 03378 RICARDO ESCOBAR 11/14/25 Reimb61480 52.1311/18/202511/26/2025 52.13 02700 FBI NATIONAL ACADEMY ASSOC INC 12/3/25 Luncheon61481 25.0011/10/202511/26/2025 25.00 03664 GENASYS INC. INV 00569061482 1,920.0010/01/202511/26/2025 1,920.00 01413 GLOBALSTAR USA 00000010217509261483 4,844.7311/16/202511/26/2025 4,844.73 01829 GOVERNMENT FINANCE OFFICERS AS 300145300-202561484 250.0011/18/202511/26/2025 250.00 03737 ISANG PINAY, LLC 2025-0561485 15.0011/19/202511/26/2025 15.00 01653 KAISER PERMANENTE MEDICAL 900177634661486 1,918.0010/14/202511/26/2025 1,918.00 03637 KRISCH & COMPANY 5799661487 13,549.5010/31/202511/26/2025 13,549.50 03607 MARK THOMAS & COMPANY, INC. 5771761488 128,922.5511/14/202511/26/2025 128,922.55 03379 LUIS MELENDREZ 11/21/25 Reimb61489 90.8211/22/202511/26/2025 90.82 02392 MIG 009414861490 8,707.0011/22/202511/26/2025 8,707.00 03289 JOSHUA MORENO 11/14/25 Reimb61491 78.5311/17/202511/26/2025 78.53 03579 BRIAN NAGATA 11/21/25 Reimb61492 84.3811/23/202511/26/2025 84.38 01680 NBS GOVERNMENT FINANCE GROUP 202511-352561493 1,120.0011/03/202511/26/2025 1,120.00 03131 SAN MATEO RESOURCE C13-CB-GEN61494 499.8109/30/202511/26/2025 499.81 00534 SMC INFORMATION SERVICES DEPT A001863A220251061495 82.2510/31/202511/26/2025 82.25 Page: 6
Page: 7Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 02224 STANDARD INSURANCE COMPANY Dec2025Coverage61496 211.5711/19/202511/26/2025 211.57 03015 U.S. BANK CORPORATE PMT SYSTEM 10/22/25 Esquivias61497 10/22/202511/26/2025 3,656.00 10/22/25 Azzopardi 10/22/2025 2,941.69
10/22/25 Navarro 10/22/2025 2,043.61
10/22/25 Dometita 10/22/2025 1,511.26
10/22/25 Walsh 10/22/2025 1,049.04
10/22/25 Wollman 10/22/2025 649.66
10/22/25 Lee 12,001.2610/22/2025 150.00
01687 UNITED SITE SERVICES OF INV-574491961498 168.2611/20/202511/26/2025 168.26 02946 AMANDA VELASQUEZ 11/3-11/7/25 ReimbC61499 702.8011/08/202511/28/202511/26/2025 702.80 00432 VISION SERVICE PLAN 824078471C61500 1,157.8511/19/202511/28/202511/26/2025 1,157.85 01360 MISSIONSQUARE RETIREMENT PAY DATE 11/14/25 MC95566 799.9111/14/202511/17/202511/14/2025 799.91 00521 UNITED STATES TREASURY PAY DATE 11/14/25 MC95567 1,428.2411/14/202511/17/202511/14/2025 1,428.24 00631 P.E.R.S. PAY DATE 11/14/25 MC95568 1,130.5311/14/202511/17/202511/14/2025 1,130.53 00130 EMPLOYMENT DEVELOPMENT DEPT PAY DATE 11/14/25 MC95569 90.0011/14/202511/17/202511/14/2025 90.00 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEESPAY DATE 11/14/25 MC95570 3,000.8011/14/202511/17/202511/14/2025 3,000.80 00130 EMPLOYMENT DEVELOPMENT DEPT PAY DATE 11/14/2025C95571 20,702.1911/14/202511/17/202511/14/2025 20,702.19 00521 UNITED STATES TREASURY PAY DATE 11/14/2025C95572 68,620.7011/14/202511/17/202511/14/2025 68,620.70 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEESPAY DATE 11/14/2025C95573 92,083.7611/14/202511/17/202511/14/2025 92,083.76 00631 P.E.R.S. PAY DATE 11/14/2025C95574 57,615.8211/14/202511/17/202511/14/2025 57,615.82 01360 MISSIONSQUARE RETIREMENT PAY DATE 11/14/25C95575 12,310.7611/14/202511/17/202511/14/2025 12,310.76 01340 NAVIA BENEFIT SOLUTIONS NOV 2025 11/14/25C95576 250.0011/14/202510/27/202511/14/2025 250.00 00068 COLMA PEACE OFFICER'S PAY DATE 11/14/2025C95577 1,208.8811/14/202511/17/202511/14/2025 1,208.88 00130 EMPLOYMENT DEVELOPMENT DEPT PAY DATE 11/26/25C95580 21,155.4411/26/202511/28/202511/26/2025 21,155.44 00521 UNITED STATES TREASURY PAY DATE 11/26/25C95581 69,316.8211/26/202511/28/202511/26/2025 69,316.82 Page: 7
Page: 8Check History ListingapCkHist
7:43AM Town of Colma12/19/2025
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00631 P.E.R.S. PAY DATE 11/26/25C95582 49,726.8311/26/202511/28/202511/26/2025 49,726.83 01360 MISSIONSQUARE RETIREMENT PAY DATE 11/26/25C95583 12,503.5611/26/202511/28/202511/26/2025 12,503.56 00068 COLMA PEACE OFFICER'S PAY DATE 11/26/25C95584 1,208.8811/26/202511/28/202511/26/2025 1,208.88 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEES100000018095234120125 7,408.5810/14/202511/04/2025 7,408.58 03616 FLEXIBLE BENEFIT ADMIN DECEMBER2025HRA120128 70,850.7311/20/202511/28/2025 70,850.73 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEES100000018107960120129 200.0011/03/202511/24/2025 200.00 1,351,090.77first Total:

Total Checks:checks in this report 140 1,351,090.77
Page: 8
Staff Report re: Commemorative Flag Schedule CY 2026 Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Michelle Estabillo, City Clerk
VIA: Daniel Barros, City Manager
MEETING DATE: January 14, 2026
SUBJECT: Commemorative Flag Schedule CY 2026
R

ECOMMENDATION
Staff recommends that the City Council adopt the following:

RESOLUTION DIRECTING TOWN STAFF TO FLY VARIOUS COMMEMORATIVE FLAGS IN

LIEU OF THE TOWN OF COLMA FLAG AT THE COLMA COMMUNITY CENTER PURSUANT TO CEQA GUIDELINE 15301 AND 15378
C

OUNCIL ADOPTED VALUES
T
he adoption of a flag -raising schedule reflects the Town of Colma's commitment to fostering respect by recognizing diverse causes, communities, and significant events that matter to our residents.

CKGROUND
O
n June 26, 2019, the City Council of the Town of Colma adopted a new flag policy, codified as Subchapter 1.18 of the Colma Administrative Code, which states that Council may by resolution direct Town staff to fly commemorative flags in lieu of the Town of Colma flag on the flagpole located at Town Hall or at the Colma Community Center, as an expression of the Town's official sentiments, consistent with the Town's vision, mission, and guiding principles, incorporating themes of diversity, equity, social justice, and inclusion. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

O
n January 8, 2025, the City Council approved the inclusion of the Irish Flag as part of the Town’s commemorative flag program. Consistent with Council direction, the Irish Flag is flown in recognition of Irish Heritage and Culture Month in March, at or around St. Patrick’s Day, which is celebrated on March 17.

ATTACHMENT 4
Staff Report re: Commemorative Flag Schedule CY 2026 Page 2 of 3 On February 26, 2025, the City Council approved including the Mexican Flag as part of the Town’s commemorative flag program. Consistent with Council direction, the Mexican Flag is flown in recognition of Cinco de Mayo in May, at or around May 5 when Cinco de Mayor is celebrated.

ANALYSIS
When the policy was adopted, staff indicated that for expediency, rather than approving each commemorative flag individually each year, the schedule of various commemorative flags could be adopted annually in January.

Council has previously discussed and approved the flying of all commemorative flags included in the proposed 2026. Specifically:

On June 26, 2019, Council approved a resolution to fly the LGBT/Pride Flag in recognition of June being Pride Month.

On September 25, 2019, Council approved a resolution to fly the Italian Flag in recognition of October being Italian Heritage and Culture Month.

On June 24, 2020, Council approved a resolution to fly the Philippine Flag in recognition of Philippine Independence Day on June 12.

On January 12, 2022, Council approved a resolution to fly the Israeli Flag in recognition of Israeli Independence Day, which varies based on the Hebrew calendar.

On September 14, 2022, Council approved a resolution to fly the Armenian Flag in recognition of Armenian Independence Day on September 21.

On January 8, 2025, Council approved the inclusion of the Irish Flag in recognition of Irish Heritage and Culture Month.

On February 25, 2025, Council approved the inclusion of the Mexican Flag in recognition of Cinco de Mayo.

The attached resolution directs staff to fly the following flags on the following dates:

Flag Occasion Duration
Irish Flag Irish Heritage and Culture Month March 11, 2026 to March 18, 2026 Mexican Flag Cinco de Mayo April 29, 2026 to May 6, 2026 Israeli Flag Israeli Independence Day April 22, 2026 until sundown Philippine Flag Philippine Independence Day June 10, 2026 to June 17, 2026 LGBT/Pride Flag Pride Month June 24, 2026 to July 1, 2026 Staff Report re: Commemorative Flag Schedule CY 2026 Page 3 of 3 Armenian Flag Armenian Independence Day September 16, 2026 to September 23, 2026
Italian Flag Italian Heritage and Culture Month October 7, 2026 to October 14, 2026

This resolution does not prohibit Council from flying additional commemorative flags throughout the year. Requests for additional commemorative flags will be referred to the Cultural and Arts Subcommittee for review. The Subcommittee will consider such requests and, if appropriate, make a recommendation to the City Council. The City Council would then consider the Subcommittee’s recommendation at a duly noticed Council meeting and determine whether to authorize the flying of the commemorative flag. If additional commemorative flags are approved, it would be incorporated into the commemorative flag schedule for consideration and adoption in the following year.

FISCAL IMPACT
The proposed resolution would have no anticipated fiscal impact; the authorized flags have already been purchased.

ENVIRONMENTAL
The City Council’s action in adopting the resolution to fly commemorative flags is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 as the operation of an existing public facility, namely, the Colma Community Center. It is also exempt pursuant to CEQA Guideline 15378 as an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.

ALTERNATIVES
The City Council could choose not to approve a commemorative flag schedule and instead approve each flag individually throughout the year. Staff does not recommend this, however, as a single schedule approval is a more efficient use of Council and staff time.

CONCLUSION
The City Council should adopt the proposed resolution authorizing the flying of commemorative flags in Calendar Year 2026.

ATTACHMENTS

A. Resolution Directing Town Staff to Fly Various Commemorative Flags in Calendar Year 2026

I
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• JI.• 4 II
Res. 2026-__, Commemorative Flag Schedule 2026 Page 1 of 3 RESOLUTION NO. 2026-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION DIRECTING TOWN STAFF TO FLY VARIOUS COMMEMORATIVE FLAGS

IN LIEU OF THE TOWN OF COLMA FLAG AT THE COLMA COMMUNITY CENTER PURSUANT TO CEQA GUIDELINE 15301 AND 15378
The City Council of the Town of Colma hereby resolves:

1. Recitals and Background.
(a) On June 26, 2019, the City Council of the Town of Colma adopted a new flag policy codified at Subchapter 1.18 of the Colma Administrative Code to memorialize the fact that the Town’s flag poles are a nonpublic forum.
(b) Pursuant to Subchapter 1.18 of the Colma Administrative Code, Council may by resolution direct Town staff to fly commemorative flags in lieu of the Town of Colma flag on the flag pole located at Town Hall or at the Colma Community Center, as an expression of the Town's official sentiments, consistent with the Town's vision, mission, and guiding principles, incorporating themes of diversity, equity, social justice, and inclusion. Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.
(c) The Council has previously approved the flying of five commemorative flags. On June 26, 2019, the City Council approved a resolution to fly the LGBT/Pride Commemorative flag in recognition of Pride Month; on September 25, 2019, the City Council approved a resolution to fly the Italian flag in recognition of Italian Heritage and Culture Month. On June 24, 2020, the City Council approved a resolution to fly the Philippine flag in recognition of Philippine Independence Day. On January 12, 2022, Council approved a resolution to fly the Israeli Flag in recognition of Israeli Independence Day, which changes date based on the Hebrew calendar. On September 14, 2022, Council approved a resolution to fly the Armenian Flag in recognition of Armenian Independence Day on September 21. On January 8, 2025, Council approved a resolution to fly the Irish Flag in recognition of Irish Heritage and Cultural Month. On February 25, 2025, Council approved a resolution to fly the Mexican Flag in recognition of Cinco de Mayo. (d) The flying of these commemorative flags is an expression of one of the Town's guiding principles of celebrating diversity; as such, the Town intends to fly these commemorative flags again in 2026.
(e) In honor of Irish Heritage and Culture Month, the Town intends to fly the Irish flag in lieu of the Town of Colma Flag at the Colma Community Center on March 11, 2026 to March 18, 2026. (f) In honor of Cinco de Mayor, the Town intends to fly the Mexican flag in lieu of the Town of Colma Flag at the Colma Community Center on April 29, 2026 to May 6, 2026.

ATTACHMENT A
Res. 2026-__, Commemorative Flag Schedule 2026 Page 2 of 3 (g) In honor of Israeli Independence Day, which changes date based on the Hebrew calendar, the Town intends to fly the Israeli flag in lieu of the Town of Colma Flag at the Colma Community Center on April 22, 2026 until sunset.
(h) In honor of Philippine Independence Day on June 12, the Town intends to fly the Philippine flag in lieu of the Town of Colma Flag at the Colma Community Center June 10, 2026 to June 17, 2026.
(i) In honor of June as Pride Month, the Town intends to fly the LGBT/pride flag in lieu of the Town of Colma Flag at the Colma Community Center from June 24, 2026 to July 1, 2026. (j) In honor of Armenian Independence Day on September 21, the Town intends to fly the Armenian Flag in lieu of the Town of Colma Flag at the Colma Community Center September 16, 2026 to September 23, 2026.
(k) In honor of October as Italian Heritage and Culture Month, the Town intends to fly the Italian flag in lieu of the Town of Colma Flag at the Colma Community Center from October 7, 2026 to October 14, 2026.

2. Order.
(a) The City Council has considered the full record before and finds the recitals set forth above true and correct and hereby incorporates them by reference. (b) Pursuant to Subchapter 1.18 of the Colma Administrative Code, the City Council hereby directs staff to fly:
(i) the Irish flag in lieu of the Town of Colma Flag at the Colma Community Center on March 11, 2026 to March 18, 2026.
(ii) the Israeli flag in lieu of the Town of Colma Flag at the Colma Community Center on April 22, 2026 until sunset;
iii) the Mexican flag in lieu of the Town of Colma Flag at the Colma Community Center on April 29, 2026 to May 6, 2026;
(iv) the Philippine flag in lieu of the Town of Colma Flag at the Colma Community Center from June 10, 2026 to June 17, 2026;
(v) the LGBT/pride flag in lieu of the Town of Colma Flag at the Colma Community Center from June 24, 2026 to July 1, 2026;
(vi) the Armenian Flag in lieu of the Town of Colma Flag at the Colma Community Center from September 16, 2026 to September 23, 2026; and
(vi) the Italian flag in lieu of the Town of Colma Flag at the Colma Community Center from October 7, 2026 to October 14, 2025.

Res. 2026-__, Commemorative Flag Schedule 2026 Page 3 of 3

3. Effective Date.
(a) This resolution shall take effect immediately upon adoption.

Certification of Adoption
I certify that the foregoing Resolution No. 2026-__ was adopted at a regular meeting of said City Council held on January 14, 2026 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
Voting Tally

Dated ______________________ ___________________________________ Carrie Slaughter Mayor

Attest: ____________________________
Michelle Estabillo Gourlie, City Clerk

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Staff Report – Sterling Park Residential Streetlight Replacement Project Bid Package Approval- 01/14/2026 Page 1 of 3

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning Ed Slintak, Principal Senior Engineer/Project Manager
VIA: Dan Barros, City Manager
MEETING DATE: January 14, 2026
SUBJECT: Sterling Park Residential Streetlight Replacement Project – Bid Package Approval

RECOMMENDATION
Staff recommends that the City Council approve the following:

A MOTION APPROVING THE BID DOCUMENT PACKAGE AND AUTHORIZING STAFF TO

SOLICIT FORMAL BIDS FOR THE STERLING PARK RESIDENTIAL STREETLIGHT

REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO APPROVE MINOR

CHANGES TO THE PLAN DOCUMENTS AS NEEDED, PURSUANT TO CEQA GUIDELINE 15301
CO

UNCIL ADOPTED VALUES
The purpose of the Sterling Park Residential Streetlight Replacement Project is to replace the existing decaying metal street light poles while upgrading the poles from a high-pressure sodium luminaire to energy efficient LED lighting. The City Council has reviewed several options, considering repairs to existing streetlights and versus replacement, along with a financial analysis. The motion to approve the proposed plans and authorization to go to bid to replace the existing streetlights is the
Responsible action.

BAC

KGROUND
Earlier in 2025, the City Council held a study session to review Street light products for the Sterling Park Residential Streetlight Replacement Project.

It was determined after reviewing several product types that the City Council agreed that the Sterling Park residential streetlights should not only be replaced, but to be replaced with an aluminum pole with an energy efficient luminaire. The replacement streetlight pole assembly needs to be fluted pole with a single luminaire (acorn LED lighting unit). The pole would also be AGENDA ITEM #5
Staff Report – Sterling Park Residential Streetlight Replacement Project Bid Package Approval- 01/14/2026 Page 2 of 3
equipped with a GFI receptacle for holiday displays. City Council also stated their preference was to keep the green color, matching as close as possible to the green that is existing on the current poles. Directions were also given that the new replacement pole needs to be compatible with the existing streetlight foundation and the bolt fastening feature that is already part of the existing streetlight foundation. It was also stated that we should use the same type of pole that we installed on Hillside Bou levard, Mission Road and Juniper Serra Boulevard, having the same streetlight assembly in Sterling Park as what’s in other areas could simplify maintenance efforts going forward and also be consistent with what’s already been installed throughout the Town.

The difference between this installation in Sterling Park and the installations of streetlights in other areas throughout Town is the utilization of existing streetlight foundations and connecting to existing electrical infrastructure.. To make sure that we could use the same poles that we have standardized in other areas of the Town, staff ordered 6 poles for the Sterling Park neighborhood. In the Sterling Park Neighborhood, there were two streetlight poles that were damaged by vehicles and 4 other that were severely degraded, totaling six pole locations. The replacement of these specific streetlights would also give staff a clear understanding of the full replacement process, how it would work and if the lights would be compatible for the neighborhood.

The six streetlight poles in the neighborhood were removed and replaced with the six newly- purchased streetlights poles which were installed to replace the damaged poles and also to assure that if these poles were to be ordered, they would be an adequate replacement in both fit and functionality. The six replacements were a successful case study making these poles a viable option for the remainder of the Sterling Park neighborhood.

ANALYSIS
With the information that was obtained through the six-streetlight replacement project, staff assembled the Plans and specification to replace the existing Streetlight assemblies in the Sterling Park neighborhood (Please Attachment A).

Detailed Description of the Project/Bid
Staff prepared the bid package and estimates. The project will be publicly bid and advertised in accordance with the Public Contract Code. It will be also published on the Town's website.

The proposed tentative project schedule is as follows:

January 14, 2026:

Approve the bid package and authorize its release
February 2, 2026:

March 4, 2026
Advertise Project
Bid Submission Date
March 25, 2025: Award Construction Contract, (City Council Meeting)

Staff Report – Sterling Park Residential Streetlight Replacement Project Bid Package Approval- 01/14/2026 Page 3 of 3

FISCAL IMPACT
Approval of the Plan and Bid Package carries no current fiscal impact at this point of the project. The estimated budget of $1,034.550 which was presented at the May 22, 2025 City Council Study Session includes design and construction management, construction costs and project continency.

ENVIRONMENTAL
The City Council’s action in adopting the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 Class 1 (d), Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety.

ALTERNATIVES
The City Council could choose to postpone the project to a later date. Doing so is not recommended as the Town risks increased pricing of streetlight structures and construction costs.

ATTACHMENTS

A. Bid Package - Plans. (General and technical Specifications will be provided upon request.)

25977.00130\42985248.1

TOWN OF COLMA
CO

LMA, CALIFORNIA
CO
NTRACT

SPECIFICATIONS AND SPECIAL PROVISIONS

RESIDENTIAL STREET LIGHT REPLACEMENT

PROJECT
Bid Release Date: Tuesday, January 13, 2026
N
on-Mandatory Pre-Bid Meeting: Tuesday, February 10, 2026, 2:00 P.M.

B
id Due Date: Tuesday, February 24, 2026, 2:00 P.M.

ATTACHMENT A
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-i- TABLE OF CONTENTS

TABLE OF CONTENTS
Page
00 11 16 – NOTICE INVITING BIDS ........................................................................................... 5 00 21 13 – INSTRUCTIONS TO BIDDERS ................................................................................. 8 ARTICLE 1. SECURING DOCUMENTS ........................................................................... 8 ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS .......................... 8 ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS ............................ 8 ARTICLE 4. PRE-BID CONFERENCE ............................................................................. 9 ARTICLE 5. ADDENDA .................................................................................................... 9 ARTICLE 6. ALTERNATE BIDS ....................................................................................... 9 ARTICLE 7. COMPLETION OF BID FORMS .................................................................... 9 ARTICLE 8. MODIFICATIONS OF BIDS ........................................................................ 10 ARTICLE 9. SUBCONTRACTORS ................................................................................. 10 ARTICLE 10. LICENSING REQUIREMENTS ................................................................... 10 ARTICLE 11. BID GUARANTEE (BOND) ......................................................................... 10 ARTICLE 12. CALIFORNIA AIR RESOURCES BOARD COMPLAINCE .......................... 11 ARTICLE 13. IRAN CONTRACTING ACT OF 2010 ......................................................... 11 ARTICLE 14. NONCOLLUSION DECLARATION ............................................................. 11 ARTICLE 15. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ....... 11 ARTICLE 16. BIDDER INFORMATION AND EXPERIENCE FORM ................................. 11 ARTICLE 17. WORKERS' COMPENSATION CERTIFICATION ....................................... 12 ARTICLE 18. SIGNING OF BIDS ..................................................................................... 12 ARTICLE 19. SUBMISSION OF SEALED BIDS ............................................................... 12 ARTICLE 20. OPENING OF BIDS .................................................................................... 13 ARTICLE 21. WITHDRAWAL OF BID ............................................................................... 13 ARTICLE 22. BIDDERS INTERESTED IN MORE THAN ONE BID .................................. 13 ARTICLE 23. SUBSTITUTION OF SECURITY ................................................................. 13 ARTICLE 24. PREVAILING WAGES ................................................................................ 14 ARTICLE 25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 14 ARTICLE 26. INSURANCE REQUIREMENTS ................................................................. 14 ARTICLE 27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS .......... 14 ARTICLE 28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES …………………………………………………………………….………………..14
ARTICLE 29. PERMIT AND INSPECTION FEE ALLOWANCE ........................................ 14 ARTICLE 30. FILING OF BID PROTESTS ....................................................................... 15 ARTICLE 31. BASIS OF AWARD; BALANCED BID ......................................................... 15 ARTICLE 32. AWARD PROCESS .................................................................................... 15 25977.00130\42985248.1

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ARTICLE 33. EXECUTION OF CONTRACT .................................................................... 16 ARTICLE 34. QUESTIONS ............................................................................................... 16 00 41 43 – BID FORMS ............................................................................................................ 17 ARTICLE 1. INFORMATION ABOUT BIDDER ............................................................... 27 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) ............................................ 30 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ..................... 31 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE ... 32 ARTICLE 5. VERIFICATION AND EXECUTION ............................................................. 33 00 52 13 – CONTRACT ............................................................................................................ 39 00 61 13 – BOND FORMS ........................................................................................................ 43 00 72 13 – GENERAL CONDITIONS ........................................................................................ 52 ARTICLE 1. DEFINED TERMS ....................................................................................... 52 ARTICLE 2. CONTRACT DOCUMENTS ........................................................................ 56 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION .......... 56 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE .......................... 57 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK 57 ARTICLE 6. MOBILIZATION .......................................................................................... 57 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ...................................... 58 ARTICLE 8. SOILS INVESTIGATIONS .......................................................................... 59 ARTICLE 9. CONTRACTOR’S SUPERVISION .............................................................. 60 ARTICLE 10. WORKERS ................................................................................................. 60 ARTICLE 11. INDEPENDENT CONTRACTORS .............................................................. 60 ARTICLE 12. SUBCONTRACTS ...................................................................................... 60 ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ...................................... 61 ARTICLE 14. REQUESTS FOR SUBSTITUTION ............................................................. 61 ARTICLE 15. SHOP DRAWINGS ..................................................................................... 62 ARTICLE 16. SUBMITTALS ............................................................................................. 63 ARTICLE 17. MATERIALS ............................................................................................... 63 ARTICLE 18. PERMITS AND LICENSES ......................................................................... 64 ARTICLE 19. TRENCHES ................................................................................................ 64 ARTICLE 20. TRAFFIC CONTROL .................................................................................. 65 ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ............................... 66 ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS ................................................ 66 25977.00130\42985248.1

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ARTICLE 23. SANITARY FACILITIES .............................................................................. 66 ARTICLE 24. AIR POLLUTION CONTROL ...................................................................... 66 ARTICLE 25. LAYOUT AND FIELD ENGINEERING ........................................................ 67 ARTICLE 26. TESTS AND INSPECTIONS ....................................................................... 67 ARTICLE 27. PROTECTION OF WORK AND PROPERTY .............................................. 68 ARTICLE 28. CONTRACTOR’S MEANS AND METHODS ............................................... 68 ARTICLE 29. AUTHORIZED REPRESENTATIVES ......................................................... 68 ARTICLE 30. HOURS OF WORK ..................................................................................... 68 ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE .......................................... 69 ARTICLE 32. PREVAILING RATES OF WAGES ............................................................. 71 ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ................................... 71 ARTICLE 34. EMPLOYMENT OF APPRENTICES ........................................................... 72 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 72 ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 73 ARTICLE 37. LABOR/EMPLOYMENT SAFETY ............................................................... 73 ARTICLE 38. INSURANCE ............................................................................................... 73 ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 77 ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ......................... 78 ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES .................................. 79 ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT ................................................ 79 ARTICLE 43. SECURITIES FOR MONEY WITHHELD..................................................... 81 ARTICLE 44. CHANGES AND EXTRA WORK. ................................................................ 81 ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT ...................................................... 95 ARTICLE 46. OCCUPANCY ............................................................................................. 96 ARTICLE 47. INDEMNIFICATION .................................................................................... 96 ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES ............................................ 97 ARTICLE 49. TOWN’S RIGHT TO TERMINATE CONTRACT ........................................ 101 ARTICLE 50. WARRANTY AND GUARANTEE OF WORK ............................................ 103 ARTICLE 51. DOCUMENT RETENTION & EXAMINATION ........................................... 106 ARTICLE 52. SEPARATE CONTRACTS ........................................................................ 106 ARTICLE 53. NOTICE AND SERVICE THEREOF ......................................................... 107 ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ........................................................ 107 ARTICLE 55. STATE LICENSE BOARD NOTICE .......................................................... 107 ARTICLE 56. INTEGRATION ......................................................................................... 107 25977.00130\42985248.1

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ARTICLE 57. ASSIGNMENT OF CONTRACT ................................................................ 107 ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY ……………………………………………………………………………………………...107
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS ............................................... 108 ARTICLE 60. PROHIBITED INTERESTS ....................................................................... 108 ARTICLE 61. CONTROLLING LAW ............................................................................... 108 ARTICLE 62. JURISDICTION; VENUE ........................................................................... 108 ARTICLE 63. LAWS AND REGULATIONS ..................................................................... 108 ARTICLE 64. PATENTS ................................................................................................. 109 ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS ......................................... 109 ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST ................................. 109 ARTICLE 67. SURVIVAL OF OBLIGATIONS ................................................................. 109 00 73 13 – SPECIAL CONDITIONS ........................................................................................ 110 01 00 00 – GENERAL REQUIREMENTS ................................................................................ 113 EXHIBIT “A” CHANGE ORDER FORM

EXHIBIT

TECHNICAL PROVISIONS

100 – DEFINITION OF BID ITEMS

101 – SUBMITTALS

102 – MOBILIZATION

103 – TRAFFIC CONTROL

104 – WATER POLLUTION CONTROL

105 – SITE PREPARATION AND RESTORATION

106 – CONCRETE IMPROVEMENTS

107 – STREETLIGHTS

EXHIBIT A - VICINITY MAPS

EXHIBIT B - PHOTOS
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00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the Town of Colma (“Town”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Tuesday, February 24, 2026 at the office of the Public Works Department, located at 1198 El Camino Real, Colma, CA 94014, for the furnishing to Town of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the Residential Street Light Replacement Project (the “Project”). At said time, Bids will be publicly opened and read aloud at Colma Town Hall, located at 1198 El Camino Real, Colma, CA 94014. Bids received after said time shall be returned unopened.

Bids shall be valid for a period of 90 calendar days after the Bid opening date.

The Project involves the replacement of 93 streetlights in the residential area of Colma.

Existing street lights will be removed and become property of the contractor. New streetlights will be installed on the existing streetlight foundations. The project is located between El Camino Real and Hillside Boulevard, and between A Street and F Street in the Town of Colma.

The project is expected to begin in April 2026 and be completed within 60 Working Days.

Bids must be submitted on the Town’s Bid Forms. Bidders may obtain a copy of the Contract Documents from the Town of Colma’s Webpage at: https://www.colma.ca.gov/rfp -and- bids/, 1198 El Camino Real, Colma, CA 94014, Phone (650)757-8888. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the Town shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on https://www.colma.ca.gov/rfp-and-bids/. It is the responsibility of each prospective bidder to check https://www.colma.ca.gov/rfp-and-bids/ on a daily basis through the close of bids for any applicable addenda or updates. The Town does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on The Town of Colma’s Website https://www.colma.ca.gov/rfp-and-bids/ may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by: https://www.colma.ca.gov/rfp-and-bids/ Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the Town, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to Town of Colma as bid security. The bid security shall be provided as a guarantee that within five (5) working days after the Town provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with Town.

A NON-MANDATORY Pre-Bid Conference is scheduled for Tuesday, February 10, 2026 at 2:00 p.m. to review the Project's existing conditions at Colma Town Hall, located at 1198 El Camino Real, Colma, CA 94014. Representatives of the Town and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed 25977.00130\42985248.1

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within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be sec ured by a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

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

Pursuant to Labor Code Section 1773, Town has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Mateo County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the Town’s Public Works Department and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

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

The California Air Resources Board (“CARB”) implemented amendments to the In- Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which went into effect on January 1, 25977.00130\42985248.1

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2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation 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.

Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code Section 3400(b), the Town may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project, may be found in the Special Conditions.

The use of term “Revocable” used in bid items, implies the bid item may be increased or decreased from work at the option of the Town. The Town reserves the right to make such alterations, deviations, additions to, or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated, without adjustment in the unit price as bid.

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

For further information, contact Ed Slintak, Principal Engineer, Public Works Department, at [email protected] or (650)333-0848, no later than February 13, 2026.

END OF NOTICE INVITING BIDS
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00 21 13 – INSTRUCTIONS TO BIDDERS
ARTICLE 1. SECURING DOCUMENTS
Bids must be submitted to the Town on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the Town of Colma’s Website at: https://www.colma.ca.gov/rfp-and-bids/ as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The Town may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Town to obtain the required Contract Documents if they decide to submit a bid for the Project.

Any Addenda will be posted on https://www.colma.ca.gov/rfp -and-bids/. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid o r to the contract and no relief for error or omission will be given except as required under State law.

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

ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the Town a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery.

Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The Town will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the Town.
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ARTICLE 4. PRE-BID CONFERENCE
A non-mandatory Pre-Bid Conference is scheduled for Tuesday, February 10, 2026 at 2:00 p.m. to review the Project's existing conditions at 1198 El Camino Real, Colma, CA 94014 .

Representatives of the Town and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing, and shall be sent to all Bidders present at the Pre-Bid Conference.

ARTICLE 5. ADDENDA
The Town reserves the right to revise the Contract Documents prior to the Bid opening date.

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

Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

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

ARTICLE 7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the Town will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.
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ARTICLE 8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

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

ARTICLE 10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontract ed. Pursuant to Business and Professions Code Section 7028.5, the Town shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the Town shall reject the Bid. The Town shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the Town of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

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

ARTICLE 11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to Town of Colma; or (c) a Bid Bond secured from a surety company satisfactory to the Town, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to Town of Colma as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the Town provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and Town may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the Town. Town will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.
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ARTICLE 12. CALIFORNIA AIR RESOURCES BOARD COMPLAINCE
The Town is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid CRCs for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failur e to complete the Fleet Compliance Certification, may render the Bid non-responsive.

ARTICLE 13. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the Town requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Town with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in I ran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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

ARTICLE 14. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.

ARTICLE 15. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attes ting to the facts contained therein. Failure to submit this form may render the bid non -responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

ARTICLE 16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The Town reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract. 25977.00130\42985248.1

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ARTICLE 17. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Town the following certificate prior to performing the work under this Contract:

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

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

ARTICLE 18. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

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

ARTICLE 19. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engi neering Department of the Town before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e- mail, facsimile, or any other electronic means will be considered unless specifically authorized by the Town as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name)
for the Residential Street Light Replacement Project

Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. Town may reject any bid not strictly complying with Town’s designated methods for delivery. 25977.00130\42985248.1

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ARTICLE 20. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The Town will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

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

A. The name and business location of the bidder.

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

C. The bid amount.

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

ARTICLE 21. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Wit hdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

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

ARTICLE 22. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of m aterials to a Bidder, is not thereby disqualified from submitting a sub -proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

ARTICLE 23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Town will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Town will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
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ARTICLE 24. PREVAILING WAGES
The Town has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Public Works Department of the Town or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

ARTICLE 25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Town. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

ARTICLE 26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

ARTICLE 27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets al l State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of Town, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Town within ten (10) working days from the date the Town provides the successful bidder with the Notice of Award.

ARTICLE 28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

ARTICLE 29. PERMIT AND INSPECTION FEE ALLOWANCE
Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically 25977.00130\42985248.1

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intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance.

ARTICLE 30. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the Town’s Residential Streetlight Replacement Project.

In order for a Bidder’s protest to be considered valid, the protest must:

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

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

If the protest is timely and complies with the above requirements, the Town’s Residential Streetlight Replacement Project, or other designated Town staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The Residential Streetlight Replacement Project will provide a written decision to the protestor.

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

ARTICLE 31. BASIS OF AWARD; BALANCED BID
The Town shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Bid Price (Base Bid plus Alternate Bid).

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

ARTICLE 32. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Town may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Town notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the Town with all of the required documents and certifications. Regardless 25977.00130\42985248.1

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of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the Town receives all of the properly drafted and executed documents and certifications from the Bidder, the Town shall issue a Notice to Proceed to that Bidder.

ARTICLE 33. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Town may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

ARTICLE 34. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to Ed Slintak , Principal Engineer, Public Works Department, email at [email protected] or (650) 333-0848, no later than February 13, 2026. No other members of the Town’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the Town. The Town may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

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00 41 43 – BID FORMS

1.1 Bid.

Bids will be received at the Town of Colma, 1198 El Camino Real, Colma, CA 94014, until 2:00 p.m. on Tuesday, February 24, 2026.

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

Residential Street Light Replacement Project
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

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

Addenda No. ________________________________________________

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

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Non-collusion Declaration form.

4. Attached is the completed Fleet Compliance Certification.

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

6. Attached is the completed Public Works Contractor Registration Certification form.

7. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

8. Attached is the completed Bidder Information and Experience form.

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A. BID SCHEDULE

BASE BID SCHEDULE

ITEM
NO. ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY
UNIT

PRICE ITEM COST
1 Mobilization (5% Max of Bid
Items 3 Thru 6) LS 1 $ $
2 Traffic Control / Public
Notification LS 1
$ $
3 Storm Water Protection Plan LS 1 $ $
4 Remove Existing Streetlights EA 93 $ $
5 Install New Streetlights EA 93 $ $
6 Grout Existing Streetlight
Bases EA
7 $ $
7 TOTAL OF BASE BID ITEMS (1-6): $

TOTAL OF BASE BID AMOUNT IN WORDS:

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

In case of discrepancy between the Unit Price and the 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 estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the Town will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. 25977.00130\42985248.1

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The estimated quantities for Unit Price items are for purposes of comparing Bids only and the Town makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

B. TOTAL BID PRICE:

TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES (BASE BID) FOR

RESIDENTIAL STREET LIGHT REPLACEMENT PROJECT

$
Total Bid Price in Numbers
$
Total Bid Price in Written Form

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the Town which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the Town and a third party, whichever is earlier.

The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the Town provides the successful bidder with the Notice of Award.

Upon receipt of the signed contract and other required documents, the contract will be executed by the Town, after which the Town will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.

If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within San Mateo County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the Town’s Administration Office and shall be made available to interested parties upon request.

Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _________ from the _______________ Bank in the amount of ________________________________, which is not 25977.00130\42985248.1

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less than ten percent (10%) of this bid, payable to Town of Colma as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.

The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the Town of Colma.

Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.

Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):

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

Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the Town provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.

The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A -” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the Town, the Town may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page)
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I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Executed at _________________________, on this ____ day of __________, _____. (Bidders Name – Print or Type)
________________________________
(Name and Title)
(Corporate Seal)
________________________________
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:

Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX

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1.2 Bid Bond
[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the Town of Colma, hereinafter called the Town, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to Town for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administ rators, 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 Residential Streetlight Replacement Project.

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the Town as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Town in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.

IN WITNESS WHEREOF, the above- bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND
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1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the nam e and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one- half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one- half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Work to be
done by
Subcontractor

Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
% of
Work

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Work to be
done by
Subcontractor

Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
% of
Work

(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
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1.4 Bidder Information and Experience Form

ARTICLE 1. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)

NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

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7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
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13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

14.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]

Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work

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ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**]

Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work

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ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Town.

Changes Occurring Since Prequalification
If any substantive changes have occurred since Bidder submitted its prequalification package for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes have occurred.

_______

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Additional Bidder’s Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______

ARTICLE 5. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name
Title
Date
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1.5 Non-Collusion Declaration
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organi zation, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [Town], ___________________ [state].

Name of Bidder
Signature
Name
Title

1.6 Fleet Compliance Certification

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

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 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

 The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

 Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18).

Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________

Signature: __________________________________________________

Name: __________________________________________________

Title: __________________________________________________

Date: __________________________________________________

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1.7 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The Town has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Town will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

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1.8 Public Works Contractor Registration Certification

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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1.9 Contractor’s Certificate Regarding Workers’ Compensation.

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

Name of Bidder
Signature
Name
Title
Dated ______________________________
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00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between Town of Colma, sometimes hereinafter called “ Town,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Residential Street Light Replacement Project
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 20 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
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Fleet Compliance Certification
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Town’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF COLMA [INSERT NAME OF CONTRACTOR]

By: By:
[INSERT NAME]
[INSERT TITLE] Its:

Printed Name:

ATTEST:

By:

Town Clerk

(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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00 61 13 – BOND FORMS

1.1 Performance Bond.

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Town of Colma, (hereinafter referred to as “ Town”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

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

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the Town, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by Town in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Town, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Town from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Town’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
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Whenever Contractor shall be, and is declared by the Town to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Town’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Town, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously paid by the Town to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the Town to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which S urety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously paid by the Town to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
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1.2 Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Town of Colma (hereinafter designated as the “ Town”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provi sions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Town in such suit, i ncluding reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that 25977.00130\42985248.1

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this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Town and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 25977.00130\42985248.1

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-51- 00 61 13 – BOND FORMS

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
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00 72 13 – GENERAL CONDITIONS
ARTICLE 1. DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms w ith initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Town’s Representative determines that it is not covered by the Contract.

D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

F. Bidder -- The individual or entity who submits a Bid directly to the Town.

G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor -claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

I. Town -- The Town of Colma.

J. Town’s Representative -- The individual or entity as identified in the Special Conditions to act as the Town’s Representative.

K. Claim -- A demand or assertion by the Town or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

L. Contract -- The entire integrated written agreement between the Town and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the 25977.00130\42985248.1

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Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

M. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the Town to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

N. Contract Price -- Amount to be paid by the Town to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

O. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.

P. Contractor -- The individual or entity with which the Town has contracted for performance of the Work.

Q. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On- Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the Town.

R. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the Town’s unreasonable delay to the Project that was not contemplated by the parties.

S. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

T. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

U. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

V. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

W. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

X. Engineer, whenever not qualified, shall mean the City Engineer of the Town, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution 25977.00130\42985248.1

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of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the Town, shall be binding and final upon both parties.

Y. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the Town.

Z. Green Book -- The current edition of the Standard Specifications for Public Works Construction.

AA. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.

BB. Holiday – The Holidays occur on:

New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

CC. Notice of Award -- The written notice by the Town to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the Town will sign and deliver the Contract.

DD. Notice of Completion -- The form which may be executed by the Town and recorded by the county where the Project is located constituting final acceptance of the Project.

EE. Notice to Proceed -- A written notice given by the Town to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

FF. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
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GG. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

HH. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

II. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

JJ. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

KK. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

LL. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the Town for performance of any portion of the Work at the Site.

MM. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

NN. Successful Bidder -- The Bidder submitting a responsive Bid to whom the Town makes an award.

OO. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

PP. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electri Town, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

QQ. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.

RR. Warranty -- A written guarantee provided to the Town by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.

SS. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce 25977.00130\42985248.1

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such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders

2. Addenda

3. Special Conditions

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor’s Bid Forms

11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded)

12. Applicable Local Agency Standards and Specifications

13. Standard Drawings

14. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings
C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.

D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the Town , Contractor, Town’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for 25977.00130\42985248.1

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handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

At this conference the Town and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, recei ve information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.

ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 6. MOBILIZATION
A. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is 25977.00130\42985248.1

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provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, if applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA.

11. Full-time presence of Contractor’s superintendent at the job site as required herein.

12. Submittal of Construction Schedule as required by the Contract Documents.

ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE
A. The Town has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.

B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections 25977.00130\42985248.1

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to these utilities are not shown on the Plans. Water service connections may be shown on the Plans showing general locations of such connections. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the Town in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.

C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work.

D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the Town has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the Town shall assume the responsibility for their timely removal, relocation, or protection.

E. Contractor, except in an emergency, shall contact the appropriate regional notification center, California Underground Service Alert at 811 or 1- 800-227-2600 or on-line at www.digalert.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the Town, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the Town has been given the identification number by the Contractor.

ARTICLE 8. SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:

1. those reports known to the Town of explorations and tests of subsurface conditions at or contiguous to the site; and

2. those drawings known to the Town of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the Town, Town’s 25977.00130\42985248.1

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Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

ARTICLE 9. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full -time Project superintendent acceptable to the Town. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 10. WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the Town may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

ARTICLE 11. INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the Town and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of Town and are not entitled to benefits of any kind normally provided employees of Town, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

ARTICLE 12. SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the Town for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Document s shall create any contractual relationship between any subcontractor and the Town. 25977.00130\42985248.1

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B. The Town reserves the right to accept all subcontractors. The Town’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the Town to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 14. REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the Town may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the Town has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty -five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the Town, the Contractor shall provide the material, method or service specified herein. The Town shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole 25977.00130\42985248.1

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discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple subm ittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. The Contractor shall bear the costs of all Town work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 15. SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.

B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be 25977.00130\42985248.1

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needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 16. SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.

C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 17. MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.

B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.

D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier.

Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the Town free from any claims, liens, or charges.

E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the Town or any independent contractor. 25977.00130\42985248.1

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F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the Town shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevati ons and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

ARTICLE 18. PERMITS AND LICENSES
A. Town will apply and pay for the review of necessary encroachment permits for Work within the public rights-of-way. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety.

Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the Town.

B. The Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. Payment by Town to Contractor under the Permit and Inspection Allowance Bid Item shall be made based on actual cost receipts only and in accordance with the provisions of these specifications.

ARTICLE 19. TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and prov ide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

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promptly, and before the excavation is further disturbed, notify the Town in writing of any of the following conditions:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract
The Town shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the Town and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 20. TRAFFIC CONTROL
A. Traffic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction.

Traffic control plans, if required, shall be prepared at Contractor’s expense, and traffic control shall be performed at Contractor’s expense in accordance with the requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance included within the Bid Form includes the cost of required traffic control permit(s) and construction inspection by the Agency(s) of Jurisdiction only. The Permit and Inspection Allowance does not include costs for preparation of any required traffic control plans, implementation of any traffic control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of Jurisdiction shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the project for approval prior to starting work.
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C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of- ways after working hours unless otherwise approved by the Engineer.

ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable Town’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests.

Contractor shall complete and execute any certification forms required by Town or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the Town in writing. The Town shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the Town and Contractor.

ARTICLE 23. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the Contractor.

ARTICLE 24. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

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applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certi ficates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Town.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contrac tor shall defend, indemnify and hold harmless the Town, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

ARTICLE 25. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.

ARTICLE 26. TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the Town, Contractor shall promptly inform the Town of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor. Costs for Town testing and Town inspection shall be paid by the Town. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the Town, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the Town so that the Town may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 25977.00130\42985248.1

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E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the Town, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

F. Reexamination of Work may be ordered by the Town. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the Town shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 27. PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the Town. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, wit hout appeal, if so authorized or instructed by the Engineer or the Town. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the Town and the Contractor.

ARTICLE 28. CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

ARTICLE 29. AUTHORIZED REPRESENTATIVES
The Town shall designate representatives, who shall have the right to be present at the Project site at all times. The Town may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 30. HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the 25977.00130\42985248.1

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Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.

B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contr act. The record shall be kept open at all reasonable hours to the inspection of the Town and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

C. The Contractor shall pay to the Town a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the Town.

E. Town will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m.

Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to Town/county ordinance.

F. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on the Town -observed holidays, unless otherwise approved by the Town:

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools
ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. 25977.00130\42985248.1

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Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Town. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the Town. The Contractor shall also provide the following:

1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the Town , the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.

G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the Town for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the 25977.00130\42985248.1

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Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

H. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 32. PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the Town’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or int erest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

B. The Contractor shall forfeit as a penalty to the Town not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sect ions 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration 25977.00130\42985248.1

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requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

ARTICLE 34. EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non -compliance pursuant to Labor Code section 1777.7.

D. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, phy sical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during e mployment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

Employment Eligibility; Contractor . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of t he Contract.

Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the Town or its representatives for inspection and copy at any time during normal business hours. The Town shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.
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Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

Employment Eligibility; Failure to Comply . Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the Town to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the Town . The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

ARTICLE 37. LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.

The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the Town prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the Town Standards. Contractor shall adhere to the Town’s lock out tag out program.

ARTICLE 38. INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Town that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Contract for cause.

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coverage required by this Contract on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the Town. All certificates and endorsements must be received and approved by the Town before Work commences.

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

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

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

D. Commercial General Liability Insurance . Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 25977.00130\42985248.1

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39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the Town, and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non- owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the Town may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

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

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The Town accepts no responsibility for the Work until the Work is formally accepted by the Town . The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and Town, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by Town.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub -limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to Town to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

G. Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.

H. Contractor shall require all tiers of sub- contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by Town. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify 25977.00130\42985248.1

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and hold the Town harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the Town as a result thereof.

ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the Town’s Risk Manager. Carrier(s) shall have an A.M.

Best rating of not less than an A:VII. Insurance deductibles or self-insured retentions must be declared by the Contractor. At the election of the Town the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “f ollow form” endorsement satisfactory to the Town indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

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

C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the Town prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the Town may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the Town receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the Town has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the Town’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

E. Town reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the Town’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
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F. Contractor shall report to the Town, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the Town’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The Town is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the Town’s receipt or acceptance of the Contractor’s proposed earlier completion date.

Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the Town (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the Town will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the Town as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.

C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers).

Contractor shall within five (5) Days of identifying any such delay notify the Town in writing of causes of delay. The Town shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract compl etion date.

D. No Damages for Reasonable Delay. The Town’s liability to Contractor for delays for which the Town is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the Town be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable Town delay, including delays caused by items that are the responsibility of the Town pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
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ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the Town:

A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a complete breakdown of the Contract price, if the Contract amount is a lump sum.

B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the Town to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

D. Following the Town’s Acceptance of the Work, the Contractor shall submit to the Town a written statement of the final quantities of unit price items for inclusion in the final payment request.

E. The Town shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the Town has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

B. The Town may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.
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3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the Town for claims against Contractor.

7. Failure of Contractor to keep the record (“as-built”) drawings up to date.

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

C. The Town may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the Town shall be deemed the agent of Contractor and any payment so made by the Town shall be considered as a payment made under contract by the Town to Contractor and the Town shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The Town will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

D. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The Town shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132 and in the form attached as Exhibit “B” to the Contract Documents. The number of days available to the Town to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.

E. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the Town.
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ARTICLE 43. SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the Town to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the Town to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Town or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

ARTICLE 44. CHANGES AND EXTRA WORK.

A. Contract Change Orders.

1. The Town, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. Contractor shall promptly execute changes in the Work as directed in writing by the Town even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time.

All claims for additional compensation to the Contractor shall be presented in writing. No claim will be c onsidered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.

3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.

4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.

6. Contractor shall make available to the Town any of the Contractor’s documents related to the Project immediately upon request of the Town, as set forth in Article

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7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B. Contract Price Change.

1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the Town, unless the Town requests that proposals be submitted in less than seven (7) Days.
b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the Town.
d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the Town, including but not limited to estimates and quotations from subcontractors or material suppliers, as the Town may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury. e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the Town has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the Town’s estimate. If the change is issued based on the Town's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion o f the added/deleted work, the Contractor presents written proof that the Town’s estimate was in error.

2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item varies from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. b. No Mark up for Overhead and Profit . Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders. c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
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d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in Town’s issuance of a unit quantity adj ustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents. e. The Town or Contractor may make a Claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
i. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
ii. there is no corresponding adjustment with respect to any other item of Work; and
iii. Contractor believes that Contractor is entitled to an increase in Unit Price as a result of having incurred additional expense or the Town believes that the Town is entitled to a decrease in Unit Price and the parties are unable to agree as to the amount of any such increase or decrease..

3. Contractor shall incorporate the provisions of this Section into all agreements with Subcontractors. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be according to the following:
a. Overview. The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the Additional Work and/or the work to be deleted.

This proposal will be itemized for the various components of the Additional Work and segregated by labor, material, and equipment in a detailed format satisfactory to the Town. The Town will require itemized change orders on all change order proposals from the Contractor, subcontractors, and sub- subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take- offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable).
b. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
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Estimated labor hours must only include hours for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the markup percentages as outlined below. Note that no separate allowances for warranty expense will be allowed as a direct cost of a change order. Costs attributed to warranty expenses will be considered to be covered by the markup. c. Labor Burden. Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self -insured losses, assigned risk rebates, etc.

Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. An estimated percentage for labor burden may be used for pricing change orders. However, the percentage used for labor burden to price change orders will be examined at the conclusion of the Project and an adjustment to the approved change orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used.
d. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Town shall determine the materials cost, at its sole discretion. Estimated material change order costs shall reflect the Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to “non-cash” discounts, trade discounts, free material credits, and/or volume rebates. “Cash” discounts (i.e., prompt payment discounts of 2% or less ) available on material purchased for change order work shall be credited to the Town if the Contractor is provided the Town funds in time for Contractor to take advantage of any such “cash” discounts. The portion of any “cash” discounts greater than 2% will not be considered “non-cash” discount for purposes of this provision. Price quotations from material suppliers must be itemized with unit prices for each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail.
e. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Allowable change order estimated costs may include appropriate amount s for rental of major equipment specifically needed to perform the change order work (defined as tools and equipment with an individual purchase cost of more than $750). For Contractor owned equipment, the "bare" equipment rental rates allowed to be 25977.00130\42985248.1

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used for pricing change order proposals shall be 75% of the monthly rate listed in the most current publication of The AED Green Book divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Further, for Contractor owned equipment, the aggregate equipment rent charges for any single piece of equipment used in all change order work shall be limited to 50% of the fair market value of the piece of equipment when the first change order is priced involving usage of the piece of equipment. Fuel necessary to operate the equipment will be considered as a separate direct cost associated with the change order work. f. Maximum Markup Percentage Allowable on Self -Performed Work . With respect to pricing change orders, the maximum markup percentage to be paid to any Contractor or subcontractor (regardless of tier) on self -performed work shall be a single markup percentage not-to-exceed fifteen percent (15%) of the net direct cost of (1) direct labor and allowable labor burden costs applicable to the change in the Work; (2) the net cost of material and installed equipment incorporated into the change in the Work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field o verhead costs related to processing, supervising and performing, the change order work, and the remaining 1/3 to cover home office overhead costs and profit
g. Maximum Markup Percentages Allowable on Work Performed by Lower Tier Subcontractors. With respect to pricing the portion of change order proposals involving Work performed by lower tier contractors, the maximum markup percentage allowable to the Contractor or subcontractor supervising the lower tier subcontractor's work shall not exceed five percent (5%) of the net of all approved change order work performed by all subcontractors combined for any particular change order proposal. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing the change order work, and the remaining 1/3 to cover home office overhead costs and profit.
h. No Markup on Bonds and Liability Insurance Costs . Change order cost adjustments due to increases or decreases in bond or insurance costs (if applicable) shall not be subject to any markup.
i. Direct and Indirect Costs Covered by Markup Percentages . As a further clarification, the agreed upon markup percentage set forth above is intended to cover the Contractor's profit and all indirect costs associated with the change order work. Items intended to be covered by the markup percentage include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind, project management, superintendents, general foremen, estimating, engineering, coordinating, expediting, purchasing, detailing, legal, accounting, data processing or other administrative expenses, shop drawings, permits, auto insurance and umbrella insurance, pick-up truck costs, and warranty expense costs. The cost for the use of small tools is also to be considered covered by the markup percentage established above. Small 25977.00130\42985248.1

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tools shall be defined as tools and equipment (power or non- power) with an individual purchase cost of less than $750.
j. Deduct Change Orders and Net Deduct Changes . The application of the markup percentages referenced above will apply to both additive and deductive change orders. In the case of a deductive change order, the credit will be computed by applying the sliding scale percentages as outlined above so that a deductive change order would be computed in the same manner as an additive change order. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted and the markup percentage adjustments will be applied to the net amount. k. Contingency. In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated performing the work. Unknowns attributable to material scrap and waste will be estimated as part of material costs. l. Insurance and Bonds. In the event the Contractor has been required to furnish insurance and/or bonds as part of the base contract price, a final contract change order will be processed to account for the Contractor's net increase or decrease in insurance costs and/or bond premium costs associated with change orders to Contractor's base Contract Price.

4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the Town , such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the Town’s Representative for an approval signature each day Additional Work is performed. Failure to get the Town’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The Town’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of Town’s agreement to Contractor’s entitlement to the cost. ii. T&M Daily Summary Sheets . All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special servic es. Each T&M Daily Summary Sheet shall include Contractor’s actual costs incurred for the Additional 25977.00130\42985248.1

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Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of Town approved Additional Work.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project s ite in the quantities involved, plus the cost of sales tax, freight, delivery, and storage.
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i. Trade discounts available to the purchaser shall be credited to the Town notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Town’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the Town’s Representative, the cost of materials is excessive, or Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The Town reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by Contractor for costs of such materials or Indirect Costs or profit on Town furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project s ite shall be the time the equipment is in productive operation on the Additional Work being performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the A dditional Work, even though located at the site of the Additional Work.
(a) Rental Time Not Allowed . Rental time will not be allowed while equipment is inoperative due to breakdowns.
(b) Computation Method. The following shall be used in computing the rental time of equipment on the Project site.
(i) When hourly rates are paid, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation.
(ii) When daily rates are paid, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation, and any part of an hour in excess of 4 hours will be considered one day of operation.
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ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the Town for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the Town’s Representative.

Contractor may furnish cost data which might assist the Town’s Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of 173 hours per month.
(b) For Contractor-owned equipment, the rental time to be paid for equipment on the Site shall be the time the equipment is in productive operation, unless, in the instance of standby time, the equipment could be actively used by Contractor on another project, then Town shall pay for the entirety of the time the equipment is on Site. It shall be Contractor’s burden to demonstrate to the Town that the equipment could be actively used on another project. iv. All equipment shall, in the opinion of the Town’s Representative, be in good working condition and suitable for the purpose for which the equipment is to be used.
v. Before construction equipment is used on the Additional Work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Town ’s Representative, in duplicate, a description of the equipment and its identifying number and the scheduled Additional Work activities planned.
vi. Unless otherwise specified, manufacturer’s rating and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry.
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i. Invoices for Special Services . When the Town’s Representative and Contractor determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the Town’s Representative.
ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the Town determines, in its sole discretion, that competitive bidding is necessary for certain special services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs . The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost . Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work; ii. Office Expenses. Expenses of Contractor’s principal and branch offices; iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
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vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
viii. Anticipated Lost Profits . Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
ix. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny , burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges . The mark -up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials , and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark -up. Contractor shall provide Town with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as Town may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by Town exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

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for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.

6. For added or deducted Work by subcontractors, the Contractor shall furnish to the Town the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors

7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the Town a detailed record of the cost to the Contractor, signed by such vendor or supplier.

8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multipliTown of changes and/or clarifications. The Contractor may not change or modify the Town’s change order form in an attempt to reserve additional rights.

10. If the Town disagrees with the proposal submitted by Contractor, it will notify the Contractor and the Town will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the Town, a C hange Order will be issued by the Town. If no agreement can be reached, the Town shall have the right to issue a unilateral C hange Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the Town within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the Town may require.

C. Change of Contract Times.

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2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

4. Town may elect, at Town’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.

5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the Town or the Contractor. b. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and Town will not compensate Contractor, for delays which impact early completion.

6. Contractor’s entitlement to an extension of the Contract Times is limited to a Town- caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the Town- caused delay extends the critical path beyond the previously approved Contract Time. a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the Town), Acts of God, acts or failures to act of utility owners not under the control of Town, or other causes not the fault of and beyond control of Town and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non- compensable adjustment shall be Contractor’s sole and exclusive remedy for such delay s. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
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i. Contractor shall immediately notify in writing the utility owner and Town’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocat ion or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.

7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects. b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As -Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. Town’s liability to Contractor for delays for which Town is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall Town be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. b. Damages caused by unreasonable Town delay that impact the critical path, including delays caused by items that are the responsibility of the Town pursuant to Government Code section 4215, shall be compensated at the Daily Rate established in the Special Conditions. No other calculations, proportions or formulas shall be used to calculate any delay damages. c. Town and Town’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 25977.00130\42985248.1

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sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices Town’s and Town’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted.

Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with t he requirements of this Article.

ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT
A. The acceptance of the Work on behalf of the Town will be made by the Engineer. Such acceptance by the Town shall not constitute a waiver of defects. When the Work has been accepted there shall be paid to Contractor a sum equal to the contract price less any amounts previously paid Contractor and less any amounts withheld by the Town from Contractor under the terms of the contract. The final five percent (5%), or the percentage specified in the notice inviting bids where the Town has adopted a finding of substantially complete, shall not become due and payable until five (5) calendar days shall have elapsed after the expiration of the period within which all claims may be filed under the provisions of Civil Code section 9356. If the Contractor has placed securities with the Town as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the contract price less any amounts due the Town under the terms of the Contract.

B. Unless Contractor advises the Town in writing prior to acceptance of the final five percent (5%) or the percentage specified in the notice inviting bids where the Town has adopted a finding of substantially complete, or the return of securities held as described herein, said acceptance shall operate as a release to the Town of all claims and all liability to Contractor for all things done or furnished in connection with this work and for every act of negligence of the Town and for all other claims relating to or arising out of this work. If Contractor advises the Town in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the Town may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the Town with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operat e to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this contract.

C. In case of suspension of the contract any unpaid balance shall be and become the sole and absolute property of the Town to the extent necessary to repay the Town any excess in the cost of the Work above the contract price.

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accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the Town and the Contractor, the Town may withhold from the final payment an amount not to exceed 150% of the disputed amount.

E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its subcontractors from whom retention has been withheld each subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 46. OCCUPANCY
The Town reserves the right to occupy or utilize any portion of t he Work at any time before completion, and such occupancy or use shall not constitute a cceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 47. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the Town’s choosing), indemnify and hold harmless the Town, officials, officers, agents, employees, and representatives, and each of them from and against:

A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the Town or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the Town or its officials, officers, employees, or authorized volunteers.

B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;
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D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Contractor shall immediately defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Town, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Town, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the Town, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 44, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 44 “Changes and Extra Work” has been denied by the Town, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Town . A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedur es contained in Article 44, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim . The Claim shall be submitted in writing to the 25977.00130\42985248.1

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Town and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time impact analysis in CPM format

7. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

8. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

D. Town’s Response. Upon receipt of a claim pursuant to this Article, Town shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the Town issues its written statement.
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1. If the Town needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the Town’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Town shall have up to three Days following the next duly publicly noticed meeting of the Town’s governing body after the 45 -Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the Town may request in writing additional documentation supporting the claim or relating to defenses or claims the Town may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Town and the Contractor. The Town’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the Town’s written response, or the Town fails to respond within the time prescribed, the Contractor may so notify the Town, in writing, either within 15 Days of receipt of the Town ’s response or within 15 Days of the Town’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Town shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

F. Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Town shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the Town issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Town and the Contractor sharing the associated costs equally. The Town and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through 25977.00130\42985248.1

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negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3. Unless otherwise agreed to by the Town and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a m ore favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must 25977.00130\42985248.1

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comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed condi tions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the Town may be filed. A Government Code claim must be filed no earlier than the date t he Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The Town’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 49. TOWN’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the Town:

1. In the sole estimation of the Town, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the Town may serve written notice upon the Contractor and its Surety of the Town's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the Town have been made for correction of said violations.

2. In the event that the Town serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the Town written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the Town 's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the Town's service of s aid notice upon Surety; then the Town may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

3. In the event that the Town elects to obtain an alternative performance of the Contract as specified above: (1) the Town may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and 25977.00130\42985248.1

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reasonably necessary for such completion (A special lien to secure the claims of the Town in the event of such suspension is hereby created against any property of Contractor taken into the possession of the Town under the terms hereof and such lien may be enforced by sale of such property under the direction of the Town without notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the Town against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the Town for any cost or other damage to the Town necessitated by the Town securing an alternate performance pursuant to this Article.

B. Termination for Convenience by the Town:

1. The Town may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the Town determines that a termination is in the Town's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the Town, the extent of termination, and the Effective Date of such termination.

3. After receipt of Notice of Termination, and except as directed by the Town's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the Town's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the Town's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under 25977.00130\42985248.1

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the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the Town 's Termination for Convenience.”

4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

5. In the event that the Town exercises its right to terminate this Contract pursuant to this clause, the Town shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Town 's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the Town may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the Town or the Contract is terminated.

ARTICLE 50. WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the Town, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the Town, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year 25977.00130\42985248.1

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warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as Town may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above - mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the Town , the Town shall have the right to correct and replace any defective or non- conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Town for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for Town all warranties that would be given in normal commercial practice and assign to Town any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the Town with all warranty and guarantee documents prior to final Acceptance of the Project by the Town as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the Town may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the Town for installation by the Contractor to be voided or reduced, Contractor shall indemnify Town from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the Town for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to Town-owned or controlled real or personal property.

F. The Town shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the Town shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the Town may undertake at Contractor ’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of Defective Work, the Town prefers to accept it, Town may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attribut able to Town’s evaluation of and 25977.00130\42985248.1

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determination to accept such Defective Work and for the diminished value of the Work.

2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Town shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by Town.

3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to Town.

4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to Town.

I. Town May Correct Defective Work.

1. If Contractor fails within a reasonable time after written notice from Town’s Representative to correct Defective Work, or to remove and replace rejected Work as required by Town, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Town may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, Town may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Town has paid Contractor but which are stored elsewhere. Contractor shall allow Town and Town’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable Town to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Town correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and Town shall be entitled to an appropriate decrease in the Contract Price.

4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

5. If the Change Order is executed after all payments under the Contract have been paid by Town and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to Town. 25977.00130\42985248.1

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6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to Town.

7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to Town correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to Town at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 51. DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the Town and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the Town any of the Contractor’s other documents related to the Project immediately upon request of the Town.

C. In addition to the State Auditor rights above, the Town shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modifi cation in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the Town, for a period of four (4) years after final payment.

ARTICLE 52. SEPARATE CONTRACTS
A. The Town reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the Town in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

The Town shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. 25977.00130\42985248.1

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ARTICLE 53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms . Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to Town shall be addressed to the Town as designated in the Notice Inviting Bids unless Town designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the Town shall provide the Contractor with timely notification of the receipt of any third -party claims relating to the Contract. The Town is entitled to recover reasonable costs incurred in providing such notification.

ARTICLE 55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of 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 Regist rar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 56. INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the Town and Contractor.

ARTICLE 57. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the Town. Any assignment or change of Contractor’s name of legal entity without the written consent of the Town shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents i n favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the Town in order that proper steps may be taken to have the 25977.00130\42985248.1

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change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect Town’s rights under the Contract, including but not limited to the bonds.

ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the Town all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the Town tenders final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 60. PROHIBITED INTERESTS
No Town official or representative who is authorized in such capacity and on behalf of the Town to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 61. CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

ARTICLE 62. JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Mateo County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

ARTICLE 63. LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.
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ARTICLE 64. PATENTS
Contractor shall hold and save the Town, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract.

ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the Town are Town property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the Town on request at completion of the Work.

ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

ARTICLE 67. SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

END OF GENERAL CONDITIONS

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1.1 Engineer of Record.

A. For purposes of this Project, the Engineer of Record or Engineer shall be: Cyrus Kianpour.

1.2 Location of the Project.

A. The Project is located between El Camino Real and Hillside Boulevard and between A Street and F Street, in the Town of Colma, CA.

B. The general location of the Project is shown on Site Exhibits (Appendix A)

1.3 [Not Used.]

1.4 Status of the Project Area and Rights-of-Way.

A. Town, at its expense, will provide all rights -of-way or permits, or both, covering the crossing of private property and public and private rights -of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Union Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B. Town has acquired or is negotiating to acquire any rights -of-way, or both, necessary for the permanent Work.

C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide Town’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work.

The damage releases will be on a form provided by Town.

E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide Town’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by Town.

1.5 Site Data.

A. The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

B. Subsurface Exploration Data. The following data are included in the Project Manual:
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1. No subsurface exploration investigation performed and no data available.

C. Other Site Data. The following data are available for inspection at Town’s office:

1. [NOT USED]

1.6 Pre-Purchased or Pre-Negotiated Material.
[NOT USED.]

1.7 Designation of Town’s Representative.

A. Unless otherwise modified by Town, Town’s Representative shall be Abdulkader Hashem.

1.8 Modification of Hours of Work.
[NOT USED.]

1.9 Project Retention
In accordance with Public Contract Code § 7201, Town will withhold 5% of each progress payment as retention on the Project.

1.10 Reverse Liquidated Damages Due to Unreasonable Town Delay.

A. In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the Town, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and Town agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of Five Hundred Dollars ( $500) per Day of delay in excess of the time specified for the Completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

1.11 Liquidated Damages Due to Contractor Delay.

A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, Town will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, Town shall therefore be entitled to One Thousand Dollars ($1,000) per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified. 25977.00130\42985248.1

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B. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent Town, in case of Contractor's default, from terminating the Contractor.

1.12 Utility Outages – Notices to Residents.

A. Should Contractor’s operations require interruption of any utility service, Contractor shall notify Town at least ten (10) Days prior to the scheduled outage. Contractor will notify all impacted residents on a form provided by Town at least seven (7) Days prior to the scheduled outage.

B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

1.13 Schedule Constraints.
[NOT USED.]

1.14 Noise Restrictions
[NOT USED.]

1.15 Safety Programs.
[NOT USED.]

1.16 Coordination with Other Contractors.
[NOT USED.]

END OF SPECIAL CONDITIONS

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01 00 00 – GENERAL REQUIREMENTS
PART 1 -- GENERAL

1.1 DESCRIPTION
The project involves the construction of a mid- block crosswalk, curb ramps, realignment of approximately 250’ of curb, modification of a storm drain inlet, the construction of a vehicle pullout, installation of four solar powered Rectangular Rapid Flashing Beacon (RRFB) assemblies and associated signing and striping. The project is located on between El Camino Real and Hillside Boulevard and between A Street and F Street, in the Town of Colma.

1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE
PART 2 -- PRODUCTS [NOT USED.]
PART 3 -- EXECUTION

3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

Town and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.

Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the Town Representative of any discrepancies.

Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the Town Representative to determine final quantities of Work in place. The Town Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the Town Representative, the Contractor shall provide an electronic copy of data used for quantity computations.

All surveys performed for measurement of final quantities of Work and material shall be subject to approval of Town’s Representative. Unless waived by Town’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of Town’s Representative.
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Surveying

1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot. (b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically. (d) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals.

Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.

Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys.

No additional compensation shall be made to the Contractor for this Work.

3.2 SCHEDULE
Estimated Schedule. Within 14 Days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the Town shall not in any way relieve the Contractor of its obligations under the Contract Documents.

The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non -critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion.

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Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the Town. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

3.3 TEMPORARY FIELD OFFICE
[NOT USED.]

3.4 PROTECTION OF WORK AND PROPERTY
All traffic detector loops, fences, walls, culverts, property line monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition. If Contractor provides the Town with reasonable notice of the need for such repair or replacement, it shall be performed by the Town. If the Contractor fails to provide the Town with reasonable notice, the repair or replacement shall be performed by and at the expense of the Contractor to the satisfaction of the Town, whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the Town at no expense to the Contractor, provided the Town is notified at least 48 hours before the property line monuments are damaged.

Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Project site over a route designated by the Engineer.

4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the Town shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
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5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the Town, at no cost to the Town.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the Town.

8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Project site in a clean, safe condition.

10. Comply with any stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the Town.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.

Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The Town shall be entitled to inspect and copy any such docum entation, video, or photographs.

3.5 SITE CONDITIONS SURVEYS
Work Included.

Contractor shall conduct thorough pre -construction and post -construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area.

The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.

Submittals.

1. Written documentation of site condition survey at pre -construction and post - construction.
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2. Photographs as described herein of pre- construction and post -construction conditions.

3. Video recordings as described herein of pre- construction and post -construction conditions.

4. Submittals shall be made within three days of the surveys. All post -construction data shall be submitted prior to the final project inspection.

Site Condition Written Documentation.

Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.

Photographs.

1. General – Contractor shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre -construction photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work.

2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within pu blic right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right -of-way shall be documented to the extent visible from the public right-of-way.

3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.

4. One set of color prints shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega- pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.

Video Recording.

1. Video recordings shall document the conditions of the entire area affected by construction, as well as near by structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date. 25977.00130\42985248.1

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2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.

3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.

4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.

5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.

6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.

Timing.

Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.

Site Surveyor.

The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.

Field Quality Control.

Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.

Soils Compaction Testing.

1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the Town. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.

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bedding above the pipe; every two vertical feet of trench backfill; at the top of the trench backfill, which should be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to Town in accordance with Contract Documents.

Technical Manuals.

1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by Town’s operation and maintenance staff.

2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." "Categories" shall conform to the following (as applicable):
(a) Category 1 - Equipment Summary:
(1) Summary: A summary table shall indicate the equipment name, equipment number, and process area in which the equipment is installed. (b) Category 2 - Operational Procedures:
(1) Procedures: Manufacturer-recommended procedures on the following shall be included in Part 2:
a. Installation
b. Adjustment
c. Startup
d. Location of controls, special tools, equipment required, or related instrumentation needed for operation
e. Operation procedures
f. Load changes
g. Calibration
h. Shutdown
i. Troubleshooting
j. Disassembly
k. Reassembly
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l. Realignment
m. Testing to determine performance efficiency
n. Tabulation of proper settings for all pressure relief valves, low and high pressure switches, and other protection devices
o. List of all electrical relay settings including alarm and contact settings
(c) Category 3 - Preventive Maintenance Procedures:
(1) Procedures: Prevent ive maintenance proc edures shall include all manufacturer-recommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment in place.
(2) Schedules: Recommended frequency of preventive maintenance procedures shall be included. Lubrication schedules, including lubricant SAE grade, type, and temperature ranges, shall be covered. (d) Category 4 - Parts List:
(1) Parts List: A complete parts list shall be furnished, including a generic description and manufacturer's identific ation number for each part.

Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included.
(2) Drawings: Cross-sectional or exploded view drawings shall accompany the parts list.
(e) Category 5 - Wiring Diagrams:
(1) Diagrams: Part 5 shall include complete internal and connection wiring diagrams for electrical equipment items.
(f) Category 6 - Shop Drawings:
(1) Drawings: This part shall include approved shop or fabrication drawings, complete with dimensions.
(g) Category 7 - Safety:
(1) Procedures: This part describes the safety precautions to be taken when operating and maintaining the equipment or working near it. (h) Category 8 - Documentation:
(1) All equipment warranties, affidavits, and certifications required by the Technical Specifications shall be placed in this part.
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3. The Contractor shall furnish to Town six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

Spare Parts List - The Contractor shall furnish to Town six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by Town in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist Town in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

Record Drawings

1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction a nd utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.

2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.

3. Record drawings shall be accessible to Town’s Representative at all times during the construction period. Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.

4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to Town’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to Town, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work. 25977.00130\42985248.1

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3.7 MATERIALS
Materials to be Furnished by the Contractor

1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by Town’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to Town’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.

2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform Town’s Representative, in writing, the date the material is to be manufactured.

3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to Town’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.

4. Cost. Unless otherwise called for by the Cont ract Documents, the cost of all material, equipment, and labor required to accommodate Town’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.

3.8 LOCAL CONDITIONS AND REQUIREMENTS
Access to Work and Haul Routes

1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor.

2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site. Claims for changes in Contract Price or Contract Times arising out of the unavailability of transportation facilities or limitations thereon shall not be considered by Town.

3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the 25977.00130\42985248.1

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Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to Town’s Representative.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.

Construction Water.

1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.

2. All connections to the Town's water system used for the purposes of obtaining construction water shall utilize a temporary construction meter and backflow prevention device supplied by the Town. The Town-furnished backflow prevention device shall be tested immediately after installation and the construction meter and backflow prevention device shall not be placed into service until the backflow prevention device passes such tests. Backflow prevention device testing shall be performed in accordance with appl icable standards , and test results shall be provided to the Engineer. If the temporary construction meter and backflow prevention device are moved to alternate location(s) during construction, the backflow prevention device shall again be tested as described above immediately after re-installation.

3. For each temporary construction meter requested by the Contractor for the performance of work under this contract, an amount equivalent to the deposit requirement for temporary construction meters listed in the current approved version of the Town’s Policies and Procedures Manual shall be withheld from the final contract payment until the temporary construction meters are returned.

Operation of Existing Water Facilities

1. The Contractor shall not operate any of the existing water systems, including pumps, motors, and hydrants, but shall contact the Town two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the Town.

2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The Town will perform all notification to existing customers regarding temporary loss of service.

3. Contractor shall submit a request on Town’s standard form for any shut -down of existing water facilities.
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Construction at Existing Utilities

1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to deter mine the actual locations of, and make accommodates to maintain, all utilities.

2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the Town Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify Town as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

Traffic Control

1. General. Contractor shall abide by traffic control plans approved by the appropriate jurisdiction.

2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.

Cleaning Up

1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree nec essary to remove oil, grease, fuel, or other stains caused by 25977.00130\42985248.1

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Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.

2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the Town may do so and the cost of such clean up shall be charged back to the Contractor.

3.9 ENVIRONMENTAL QUALITY PROTECTION
Environmental Conditions
[NOT USED.]
Landscape and Vegetation Preservation

1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

2. Damage and Restoration. Movement of crews and equipment within the rights-of- way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.

3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

Protected Species

1. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the Town Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to Town within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate a rea of the discovery to the extent necessary to protect the endangered plant or animal.
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If directed by the Town Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any Town directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.

3. False Siting. Any costs or delays incurred by Town or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

4. Cost. Unless otherwise called for by the Cont ract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

Preservation of Historical and Archeological Resources

1. General. If, in the performance of the Work, Contractor should unearth cultural resources ( for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the Town Representative immediately, giving the location and nature of the findings.

Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or Town within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.

If directed by the Town Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the Town Representative and the
Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any Town directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify Town pursuant to the Contract Documents.
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4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

Dust and Pollution Control

1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site.

2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

Fugitive Dust
[NOT USED.]
Management of Storm, Surface and Other Waters

1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the Town and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, and assumes any and all risks and liabilities arising therefrom.

2. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

3. Contractor violations. If noncompliance should occur, the Contractor shall report this to the Town Representative imm ediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in Town stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense. 25977.00130\42985248.1

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4. Compliance with Construction General Storm water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, Nat ional Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated wi th Constructi on Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
(a) Contractor shall prepare and implement a Storm Water Pollut ion Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with Town’s Legally Responsible P erson and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall submit the SWPPP to the Town Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. Town will file the Notice of Intent and pay the filing fee.
(b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, st ructural cont rol, silt fences, straw dikes, sediment controls or operator controls as appropriate.

Storm water management measures shall be instituted as required, including veloTown dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. (2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements lis ted in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. (4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit.
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(5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices. (6) Pollution c ontrol measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution. (7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. (8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event. (9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(c) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by Town. (d) Town retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document, or fails to proceed in a manner that is satisfactory to Town. Town reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. W hether Contractor has adequately maintained complian ce with the Permit shall be Town’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by Town in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. (e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify Town as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of Town. Town may seek damages from Contractor for delay in completing t he Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.

5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood 25977.00130\42985248.1

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control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

6. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collec tively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source.
(b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers loca ted within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. (c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil. (d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

7. Underground tank prohibition. The Contractor shall not use underground storage tanks.

8. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”

9. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions.

The Contractor shall obtain all other necessary licenses and permits. (b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.

10. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

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END OF GENERAL REQUIREMENTS

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Change Order Form

EXHIBIT “A”

CHANGE ORDER FORM
Town of Colma

Contract Change Order #

Project: Change Order No.:

Orig. Contract Amt.:

Days

Contract No.:

Contractor: Prev. Appvd. Changes: $ Days
Owner: Town of Colma This Change: $ Days
Revised Contract Amt.: $ Days

This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Town of Colma, otherwise referred to as Owner.

Item
No.

Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days

1 2

Totals

This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the Town of Colma.

Contract Change Order # Page 1 of 2
1198 El Camino Real
Colma, CA 94014
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Change Order Form

The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work conta ined in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual acc ord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservatio
n of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:

(Signature) Contractor’s Authorized Representative Date

Recommended:

(Signature) [**INSERT NAME, TITLE**] Date

Approved:

(Signature) [**INSERT NAME, TITLE**] Date

Item
No.

Justification for Change(s)

1 2

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TECHNICAL PROVISIONS

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SECTION 100

DEFINITION OF BID ITEMS
PART 1 - GENERAL
A. The bid item descriptions listed in the Bid Schedule of the proposal are not intended to be exclusive and comprehensive descriptions of all the work categories and scope necessary to complete the project. As such, the Contractor shall determine, segregate and include in his/her pricing for each bid item the total cost for furnishing and installing all labor, materials, tools, equipment and other incidentals necessary to complete all of the contract work involved in the project, as described by the Contract Documents, complete in place.

B. Unless otherwise noted, estimated quantities on the bid schedule are believed to be accurate, however, the Contractor should verify the quantities as it relates to ordering sufficient material and scheduling work. Actual field measured quantities, complete in place, not the quantities listed in the bid schedule, will govern final payment.

PART 2 - BID ITEM DESCRIPTIONS

A - Mobilization (Bid Item No. 1)

1. The contract price paid for Mobilization shall include full compensation for performing the scope of work as specified in Technical Specifications Section 101, “Mobilization”.

2. Mobilization shall be measured and paid by lump sum. The Contract lump sum price for Mobilization should not exceed five percent (5%) of the total bid amount for Bid Item numbers 3 through 6. 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.

B - Traffic Control / Public Outreach (Bid Item No. 2)
The contract lump sum price paid for Traffic Control / Public Outreach shall include full compensation for performing the scope of work specified in Technical Specifications Section 103, “Traffic Control”, including all necessary submittals, implementation and maintenance of the approved traffic control plans for all work in construction zones throughout the duration of the project.

Public Outreach shall include the distribution of a written description of the work to all addresses within the project area, posting of “No Parking” signs at least 2 full days (48 hours) in advance of work in the area, and shall include placement of door hangers on both sides of the street within 200 feet of where work will be done.

Payment for complying with the provisions for “Traffic Control / Public Outreach” shall be paid by lump sum, and paid on a percentage of completion of other items of work for each period invoiced.

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C – Stormwater Protection Plan (Bid Item No. 3)
Compliance with Stormwater Pollution Control (all BMPs) as specified in Technical Specifications Section 104, “Stormwater Pollution and Erosion Control” shall be paid by lump sum, and paid on a percentage of completion of other items of work for each period invoiced.

D – Remove Existing Streetlights (Bid Item No. 4)
The contract price per each paid for Remove Existing Streetlights shall include full compensation for all work involved in the removal of all existing streetlights necessary to complete the project work as defined in these plans and specifications.

E – Install New Streetlights (Bid Item 5)
The contract price per each paid for Install New Streetlights shall include full compensation for all work involved in the installation, testing and placing into operation the streetlights necessary to complete the project work as defined in these plans and specifications.

E – Grout Existing Streetlight Bases (Bid Item 6)
The contract price per each paid for Grout Existing Streetlight Bases shall include full compensation for all work involved in the grouting of existing streetlight necessary to complete the project work as defined in these plans and specifications.

END OF SECTION 100

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SECTION 101 – SUBMITTALS

PART 1 – GENERAL

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

1.01 DESCRIPTION

A. Work Included:

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

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

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

b. Manufacturers Certificates of Compliance.

c. Samples.

d. Substitutions.

B. Number of Copies Required:

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

1.02 MANUFACTURERS' INSTALLATION INST9RUCTIONS

Where the specifications indicate that the Contractor must follow manufacturers' instructions for installation of materials or equipment, those instructions shall be submitted to the Town prior to the start of work whether or not instructions are listed specifically as a submittal. When referenced, the manufacturers printed installation instructions shall have the same effect as if printed in the contract documents.

PART 2 - PRODUCTS

2.01 SHOP DRAWINGS

A. Scale Required:

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

B. Type of Prints Required:

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

2.02 SAMPLES

A. Number of Samples Required:

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

2.03 OPERATING AND MAINTENANCE INSTRUCTIONS

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

2.04 SUBSTITUTIONS

Engineer's Approval Required:

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

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

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

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

2.05 CERTIFICATES OF COMPLIANCE

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

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PART 3 - EXECUTION

3.01 IDENTIFICATION OF SUBMITTALS

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

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

3.02 COORDINATION OF SUBMITTALS

A. General:

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

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

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

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

B. Grouping of Submittals:

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

3.03 TIMING OF SUBMITTALS

A. General:

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

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

3. Conform to the requirements of individual sections.

3.04 REVIEWS BY THE TOWN

A. One copy of each submittal will be returned to the Contractor marked "Reviewed, 25977.00130\42985248.1

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no exceptions noted," "Reviewed, exceptions noted," Or "Rejected."

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

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

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

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

1. Permitting any departure from the contract requirements.

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

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

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

3.05 COSTS FOR REJECTED SUBMITTALS

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

3.06 LIST OF SUBMITTALS

A. Public Notice
B. Traffic Control Plan
C. Project Schedule
D. Street Lights
E. Grout mixture and color
F. Electrical Components (wire, fuses, etc.)
G. Identification Labels

END OF SECTION 101

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SAMPLE FORM

- SUBMITTAL -

(Contractor's Letterhead)
___________________(Date)

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

Attention: Project Engineer

Project:

Submittal No. ( )

(Allow space for Town stamp)

The following item is submitted for review:

Item: Specification Section Ref:

Drawing Sheet, No(s) Ref:

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

(Authorized Signature)

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SECTION 102 - 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.

C. Contractor may be required to obtain temporary parking permits for construction vehicles and employee parking.

PART 2 – [RESERVED]

PART 3 – [RESERVED]

PART 4 - MEASUREMENT AND PAYMENT

Included in Section 100, “Definition of Bid Items” of these Technical Specifications.

END OF SECTION 102

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SECTION 103 - 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. Contractor shall provide trailer -mounted changeable message signs (CMS) for each direction of vehicular traffic. CMS shall be placed in service one week before any construction activities that impact any portion of the travel lane from face of curb to face of curb. CMS shall remain in place until all construction activities involving disruption to the vehicular travel lanes are complete.

F. 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.

G. 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.

H. Public notification

1. Contractor shall post notices along the streets where work will be done and notifying residents by hand- delivered mail. All shall be done 2 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.

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1.02 REFERENCES, CODES, AND STANDARDS

A. Standard Plans and Specifications, California Department of Transportation, 2018 edition, unless noted otherwise.

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

SUBMITTALS

A. Traffic Control and Construction Staging Plans:

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

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

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

1.03 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.

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PART 2 - PRODUCTS

2.01 TRAFFIC CONTROL DEVICES

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

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

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

PART 3 - EXECUTION

3.01 GENERAL

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

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

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

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

E. If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair or replace said component to its original condition and reinstall the component in its original location.

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

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

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

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

3.02 LANE CLOSURES AND DETOURS

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

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

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

D. During paving operations, the Contractor shall furnish and place sufficient barricades at all cross streets to protect new surfaces from traffic until sufficiently cooled as well as placing "Detour" signs as necessary to clearly delineate detour routes for all impassable intersections. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners and the motoring public. Convenient access to any driveways, houses and buildings along the line of work shall be maintained at all times.

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

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

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

3.03 TRUCK ROUTES

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

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3.04 NO PARKING SIGNS

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

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

PART 4 - MEASUREMENT AND PAYMENT

Included in Section 100, “Definition of Bid Items” of these Technical Specifications.

END OF SECTION 103

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SECTION 104 – 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)

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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. Contractor shall adhere to the requirements of the Colma Recycling Ordinance(s).

Dry, empty paint cans/buckets, old brushes, rollers, rags and drop cloths shall be disposed of in approved waste collection.

Dumpsters shall be inspected for leaks. As leaks are detected, the trash hauling contractor shall be contacted to replace or repair dumpsters that leak.

Water from cleaning dumpsters shall not be discharged on-site.

Regular waste collection shall be arranged for before dumpsters overflow.

3.02 Hazardous Material / Waste Management / Materials Management

Designated areas of the project site shall be proposed by the contractor for approval by the Engineer suitable for material delivery, storage and waste collection as far from catch basins, gutters, drainage courses and creeks as possible.

All hazardous materials such as pesticides, paints, thinners, solvents and fuels; and all hazardous wastes such as waste oil and antifreeze shall be labeled and stored in accordance with State and Federal regulations.

All hazardous materials and all hazardous wastes shall be stored in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered as needed, to avoid potential management of collected rain water as a hazardous waste.

The contractor shall dispose of all excess thinners, solvents, chemicals, oil -based and water - based paint as hazardous waste.

Regular hazardous waste collection shall be arranged for to comply with time limits on the storage of hazardous wastes.

Granular materials shall be stored a minimum of ten feet from the closest catch basin and curb return. The contractor shall not allow these granular materials to enter the storm drain or creek

Warning signs shall be posted in areas containing or treated with chemicals.

An accurate up -to-date inventory, including Material Safety Data Sheets (MSDS) of hazardous wastes stored on site shall be kept and available to assist emergency response personnel in the event of a hazardous materials incident.

Maintenance and fueling of vehicles and equipment shall be performed in a designated, bermed area, or over a drip pan that will not allow run -off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.

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3.03 Chemical Usage

When rain is forecast within 48 hours, or during wet weather, the Engineer may prevent the contractor from applying chemicals in outside areas.

Pesticides or fertilizers shall not be over-applied and material manufacturer’s instructions shall be followed regarding uses, protective equipment, ventilation, flammability and mixing of chemicals.

Over-application of a pesticide constitutes a “label violation” subject to an enforcement action by the San Mateo County Agriculture Commissioner.

3.04 Dust Control

Reclaimed water shall be used to control dust on a daily basis as directed by the Engineer.

At the end of each working day, or as directed by the engineer, the roadways and on -site paved areas shall be cleaned and swept of all materials attributed to or involved in the work. Streets shall not be washed down into a storm drain or creek in lieu of street sweeping. Water wash may be picked up by a vacuum unit in lieu of sweeping.

3.05 Saw cutting

The contractor shall cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags and fine earthen dams to keep slurry out of the storm drain system. The contractor shall ensure that the entire opening is sealed.

Saw cutting debris and spoils be removed by shovel, absorption, vacuum or pick up of waste prior to moving to the next location or at the end of each working day, whichever is sooner.

If slurry enters a catch basin, the slurry shall be removed from the storm drain and the Engineer shall be notified immediately.

3.06 Dewatering Operations

Water shall be routed through a control measure as determined and approved by the Engineer such as a sediment trap, sediment basin or Baker tank to remove settled solids prior to discharge to the storm drain system. Filtration of the water following the 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.

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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 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.

3.09 Site Cleanup

The cleaning of equipment of materials shall not be performed on-site or in the street using soaps, solvents, degreasers, steam cleaning or equivalent methods.

All cleanups must be performed in a designated area that will not allow the cleaning rinse to flow off- site or into streets, gutters, storm drains, or creeks.

PART 4 – MEASUREMENT AND PAYMENT

Included in Section 100, “Definition of Bid Items” of these Technical Specifications.

END OF SECTION 104

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SECTION 105

SITE PREPARATION AND RESTORATION
PART 1 – GENERAL

1.01 WORK INCLUDED

A. Documenting existing conditions at each site in the vicinity of the work.

B. Site preparation shall consist of all clearing, stripping, demolition and related work necessary to prepare the project site for construction operations.

C. Removal of all surface improvements (fences, hardscape, etc.) and landscaping shall be thoroughly coordinated prior to the start of work with the City Engineer, and restored in- kind after the completion of construction activities.

D. No open burning of debris, lumber, or other scrap with be permitted.

E. Trees and vegetation shall be protected from damage incident to site preparation and construction operations by the erection of barriers or by such other means as the circumstances require.

F. Contractor shall also implement the requirements of Special Provisions SP 2 (A), SP 16 and SP 17, “Existing Site Conditions”, “Contractor’s Use of Premises/Site Appearance” and “Preservation and Restoration of Property”, respectively.

1.02 EXISTING SITE CONDITIONS

Existing site surface conditions consist of pavement, concrete curb and gutter, landscaping, vegetation including flowering plants and lawns, bushes, trees, concrete and paver hardscape, wood, concrete and metal fences, and debris

PART 2 - PRODUCTS
(None)

PART 3 – EXECUTION

3.01 DOCUMENT EXISTING CONDITIONS
Prior to the start of work on the site, Contractor shall document existing site conditions at and in the vicinity of the work and along access routes, with an emphasis on identifying cracks or other existing damage to existing improvements. The documentation shall consist of photographs and/or videos and the locations shall be clearly identified.

3.02 DEMOLITION
Remove existing facilities where required to perform the work. Demolition and removal of existing improvements, public or private, shall only be performed to the extent necessary to accommodate the work in conformance with the notes and details shown on the plans. No improvements shall be removed unnecessarily.

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3.03 CLEARING
Clearing shall consist of the trimming and cutting of trees, and the removal of downed timber, shrubs, grasses, debris and rubble which will obstruct or otherwise impede construction operations. Trimming or cutting of any tree, and removal of any landscaping, shall be only with prior approval of the City Engineer.

3.04 PRESERVATION OF PROPERTY
A. The project area shall be cleared only to the extent necessary to accommodate the work in conformance with the notes and details shown on the Plans. Trees or growth shall not be trimmed back unnecessarily. Attention is directed to Section 3.05 of this Section of the Specifications, regarding the protection of trees.

B. Contractor shall take extreme care not to damage shrubs, trees, fences, irrigation systems and other improvements of adjacent property owners.

C. All existing improvements (including landscaping) not specifically designated on the Plans to be removed or relocated shall remain in their original condition and location undisturbed. However, upon written permission by the Engineer, existing improvements may, for the convenience of the Contractor, and at his expense, be removed and temporarily relocated during construction and shall be replaced or reconstructed in their original location in as good or better condition as when the Contractor entered upon the work site.

3.05 PLANT AND TREE PROTECTION
A. No cutting of any part of City trees, including roots, shall be done without approval of the City Engineer.

B. No cutting of any part of private trees, including roots, shall be done without approval of the City Engineer and property owners
C. Protect all existing plants and trees at all times from damage by men and equipment.

Repair all minor damage to existing trees by using a certified arborist or other personnel approved by the Engineer. Remove such trees permanently disfigured or killed, including roots from the site and replace each such tree or trees with equal sized trees if possible, or reimburse the owner the cost if such replacement is not possible. The Engineer shall be the sole judge of the condition of any tree.

3.06 DEMOLITION OF SURFACE IMPROVEMENTS
A. Removal of sidewalks, curbs and gutters, driveways, concrete slabs and pavement if necessary shall be in accordance with the provisions of Section 15-3 of the Caltrans Standard Specifications. Curbs, gutters, sidewalks, driveways, slabs and pavement shall be removed by full depth saw cut to the nearest joint from the lines shown on the Plans or as directed by the Engineer.

B. Where the Plans indicate construction under existing asphalt pavement or replacement of existing asphalt pavement, the existing pavement shall be removed and disposed of off-site.

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3.07 REMOVAL OF DEBRIS
A. All demolished and cleared material shall become the property of the Contractor and shall be legally disposed of by the Contractor.

B. Removed concrete shall be legally disposed of off the right-of-way at a location provided by the Contractor. Demolished concrete shall not be buried in structure backfill areas.

C. Contractor shall adhere to all requirements of the Colma Recycling Ordinance(s).

3.08 DISPOSAL
Dispose of demolished materials, soil, strippings, and other materials offsite.

3.09 RESTORATION
Any public or private improvements, not specifically indicated to be removed, that are damage during the course of contract operations shall be restored to the satisfaction of the Engineer. Public improvements shall be restored in conformance with applicable City standards, private improvements shall be restored in form, finish and function to equal or better condition.

PART 4 - MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirement of this section shall be considered as included in the contract unit prices paid for various items of work requiring site preparation and restoration “in-kind”, and no additional compensation will be allowed therefore.

END OF SECTION 105

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SECTION 106

CONCRETE IMPROVEMENTS
PART 1 - GENERAL
Existing and new concrete facilities including, but not limited to curb, gutter, retaining curb, and sidewalk shall be constructed at the locations indicated on the plans or as directed by the Engineer. Work shall include the placing of grout of new and, where indicated on the plans, existing street lights.

1.01 COORDINATION
A. Contractor shall notify the City 48 hours in advance of concrete removal.

B. At some locations, concrete repairs are specified to address damage due to tree roots and to comply with ADA guidelines. Contractor shall obtain approval from the City prior to cutting, pruning or removing any tree roots while performing concrete repairs. Contractor shall allow 48 hours after removal of concrete for City forces to apply root mitigation measures prior to placing new concrete.

1.02 REFERENCES, CODES, AND STANDARDS
A. All work shall conform to the provisions of Section 90, “Concrete”, of the State Standard Specifications.

B. Steel dowels, reinforcing steel, and welded wired reinforcement must comply with Section 52, “Reinforcement”, of the State Standard Specifications.

1.03 SUBMITTALS
The Contractor shall furnish a concrete mix design to the Engineer at least ten (10) working days prior to the start of the work. Grout mix design and grout coloring agents shall be furnished and approved prior to the start of work.

PART 2 – PRODUCTS

2.01 CONCRETE MIX DESIGN
The Contractor shall furnish a concrete mix design to the Engineer at least ten (10) working days prior to the start of the work, based on the following guidelines:

A. All concrete facilities shall be constructed with Class B, 5 Sack mix which meets the following requirements:

Compressive Strength: 3000 psi @ 28 days (2500 psi min in 48 hrs for commercial driveways)
Maximum Slump: 4 inches
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Lamp Black: 1 lb. / cy
In addition, Polypropylene fiber reinforcement shall be added at the following rate:

General Concrete Facilities including curb, gutter, sidewalk, access ramps, residential driveways, etc. - 1.5 Ibs/cy (0.01% by volume), 3/4" min. length Heavy Vehicular Facilities including cross gutters, spandrels, swales, commercial driveways, and alley entrances - 3.0 Ibs/cy (0.02% by volume), 1-1/2" min. length B. The Contractor shall be responsible for all costs associated with the required mix design.

C. The Contractor shall comply with the “lamp black” ADA color requirements.

2.02 CONCRETE GROUT

Grout shall consist of a sand and concrete mixture with flow characteristics to allow it to be placed between the base of the streetlight and sidewalk / paver surface and stiff enough to hold a near vertical face when struck off with a finishing tool.

Grout shall have a color admixture added to match the existing concrete pavers of the sidewalk or match the green color of the street light base. Final color selection shall be by the Engineer.

2.03 QUALITY ASSURANCE FIELD TESTING
Field testing shall include testing for concrete slump as per ASTM C-143 and compressive strength (C39). Such testing shall be at a frequency determined by the Engineer and shall be performed by the Owner's laboratory at the Owner's expense. The Contractor shall furnish the concrete necessary for casting test cylinders.

PART 3 - EXECUTION

3.01 GENERAL
A. Concrete removal work shall conform to the provisions in Section 15- 1.03B, "Removing Concrete," of the State Standard Specifications and these Technical Specifications. The existing concrete shall be sawcut full depth prior to removal. Any concrete broken due to the Contractor's failure to comply with these requirements shall be removed and replaced at the Contractor's expense. All concrete removed shall become the property of the contractor to be disposed of outside the right of way, each day work occurs.

B. The line and grade of the replaced facilities shall conform to the existing facilities. In most instances, this will consist of a straight line between existing facilities. In instances where existing sidewalk has been raised by tree roots, the line and grade may be adjusted to avoid tree roots, as directed by the Engineer.

C. The Contractor shall water test all repaired curbs and gutters, cross gutters, and other repaired drainage facilities in the presence of the City's Inspector.

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

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

3.03 SUBGRADE
A. After the subgrade is prepared, moisture conditioned, and compacted to 90% relative compaction at zero to three percent over optimum moisture content, the Contractor shall continuously maintain the sub- grade in a uniform condition at the moisture content obtained during sub-grade compaction until the concrete is placed.

B. In locations where existing concrete improvements are being replaced, existing base material may be re -compacted and used without over excavation and placement of additional baserock. For new concrete improvements, over excavation and placement of base material in accordance with the City’s Standard Details shall be required.

3.04 FORMING
Wooden forming shall be of two inch nominal thickness staked at two foot intervals. The maximum gap at the bottom of the forms shall be 1-3/4 inches.

3.05 TOLERANCES
A. The maximum variation from design elevation shall not exceed +/ - 0.02 feet. In some instances, particularly in critical drainage areas, tolerances may be reduced to zero.

Concrete facilities shall be installed to maintain or provide positive drainage. Ques tions regarding applicable tolerances shall be directed to the Engineer forty -eight hours in advance of the work.

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

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3.06 PLACING AND FINISHING
A. The concrete shall be deposited on a moist grade/base in such a manner as to require as little re-handling as possible. Workmen shall not be allowed to walk in the freshly mixed concrete with boots or shoes coated with earth or foreign substances.

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

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

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

E. All new concrete shall match existing facilities in texture, color, and appearance. Surfaces shall be broom finished transversely to the line of pedestrian traffic. The Contractor shall clean at his expense all discolored concrete. The concrete may be cleaned by abrasive blast cleaning or other methods approved by the Engineer. Repairs shall be made by removing and replacing the entire unit between score lines or joints.

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

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

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

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

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3.09 JOINTS
A. Control joints shall be placed at a maximum spacing of ten feet.

B. Control joints in all PCC facilities, except sidewalks, shall be formed by tooling a deep joint or by using expansion joint material. If expansion joint material is used, a minimum of two 1/2 inch by eighteen inch dowels shall be used with additional dowels placed every twenty- four inches.

C. Control joints in sidewalks may be made using a tooled joint which shall extend a minimum of 1/4 of the depth of the concrete and shall not be less than 1-1/2 inches in depth.

D. In sections of new curb and gutter adjacent to an existing tree, a deep joint shall be placed through the curb and gutter, aligned with the center of the tree trunk.

E. Expansion joints shall be required at a maximum of forty foot intervals on curbs, curbs and gutters, cross gutters, swales, and sidewalks. Expansion joints shall also be required on all corners of curbs, curbs and gutters, sidewalks, at the outside boundar y of access ramps, and other locations with discontinuities or reentrant corners which may cause cracking.

3.10 CLEANUP AND BACKFILL
A. After the concrete is placed, cured, and the forms have been removed, the Contractor shall clean the site of all concrete and forming debris. The aggregate base shall be replaced to match the existing base and compacted to 95% relative compaction. The pavement shall be restored in accordance with these Technical Provisions. A minimum of two lifts shall be used, none of which shall exceed three inches, and the top lift shall be a minimum of 1 -1/2 inches thick. The total thickness of the restored pavement shall be a minimum of 4” or match that of the existing pavement.

B. After curing has been completed and the forms have been removed from the new curb and gutter or sidewalk, the void between the new concrete and the existing parkway shall be filled with clean native material or imported topsoil and the entire parkway left in a clean and orderly condition.

C. For concrete removed but not replaced, the resulting void after excavation shall be backfilled with clean native material or topsoil.

PART 4 - MEASUREMENT AND PAYMENT
Included in Section 100, “Definition of Bid Items” of these Technical Specifications.

END OF SECTION 106
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SECTION 107 - STREETLIGHTS
.

PART 1 - GENERAL

1.01 WORK INCLUDED

Removal of existing streetlights and installation of new streetlights on existing foundations.

Supplying all labor, materials, equipment and apparatus not specifically mentioned herewith or noted on the plans, but which are incidental and necessary to complete the work specified.

1.02 REFERENCES, CODES AND STANDARDS

All devices shall be UL certified.

1.03 SUBMITTALS

Submit for approval by the Public Works Director the following:

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

PART 2 - MATERIAL AND EQUIPMENT

2.01 STREET LIGHT POLES

Poles shall be manufactured by Holophane, shall be heavy wall cast aluminum, minimum thickness 0.25 inch, with a tapered base design. Pole shaft shall be 5-inch diameter with a fluted shape. Poles shall have a diamond pattern bolt circle to match existing foundation bolt pattern.

Poles shall be North Yorkshire style with a height of 16 feet and a base diameter of 17 inches with a tenon of 2.88” diameter and 3 inches tall. Pole and all non stainless steel components shall be finished with a corrosion resistant polyester powder coat finish (RAL3028SDCR) with an 80% gloss rating. Color shall be Pine Green.

Poles shall include an electrical convenience receptacle including a small in -use cover suitable for wet locations and a ½” copper grounding lug. All hardware shall be tamper- resistant stainless steel.

Shaft shall be double welded to the base casting one piece pole assembly. Internal weld at top of access door and external weld at shaft exit. Provide dual hand holes at 180° on 17” base.

2.03 LUMINAIRE

Luminaires shall be manufactured by Holophane and be the Washington Postlite LED3 Series. Unit shall include P40 Performance Package with GL3 light distribution. Light source shall be 3000K, operating range of 120-277V.

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Luminaire housing shall be modern style with hinged door and spike finial and decorative ribs finished with a corrosion resistant polyester powder coat finish with an 80% gloss rating.

Color shall be Pine Green. Shall include a 7-pin NEMA dimmable photocontrol receptacle, DTL photocontrol, and 2” x 2” ANSI wattage label.

PART 3 – EXECUTION

3.01 REMOVAL OF EXISTING STREETLIGHTS

Existing streetlights shall be removed and become the property of the Contractor. Removal methodology and methods shall be at the discretion of the contractor. Removal process shall not damage existing roadway or sidewalk paving, curbs, driveways, or landscaping.

Removal shall leave the existing foundation and anchor bolts intact to the greatest extent feasible for reuse in mounting the new streetlights. Any adjacent facilities damaged as a result of contractor’s operations shall be restored to equal or better condition at no additional expense to the Town.

3.02 INSTALLATION OF NEW STREETLIGHTS

New streetlights shall be installed on existing foundations and connected to existing streetlight wiring circuits. Poles shall be set true and plumb with luminaires oriented as per Town’s direction and manufacturer’s recommendations.

3.03 GROUTING OF STREETLIGHT BASES

Place a non-shrink cementitious grout between the base of the streetlight and the underlying surface, filling all gaps 1/8” or larger. Outer surface of grout shall be troweled smooth leaving a neat appearance. Clean excess grout from light base and adjacent paved surfaces.

Grout shall be colored green to match the finish of the light fixture or grey to match street pavers. Provide color samples of grout mixtures to Town representative for selection of color of grout to be used on project.

3.04 GROUTING EXISTING STREETLIGHT BASES

Existing single-head streetlights shall have the gaps under their bases filled with the grout.

The location of the existing streetlights are indicated on the plans.

3.05 EQUIPMENT IDENTIFICATION CHARACTERS

Place identification numbers on all new streetlights, the numbers shall match the number of the old streetlight at that location and the plans. If discrepancies exist between the two, the Town’s representative will resolve the conflict.

Apply self-adhesive labels to a clean surface. Treat the edges of the self-adhesive labels with an edge sealant. The size and font of the characters on the self-adhesive labels shall match the existing identification labels. Provide label samples for approval before applying labels. Place labels on the street-facing side of the pole.

JANUARY 2026 TECHNICAL PROVISIONS
Residential Street Light Replacement Project
168

3.06 TOWN PROVIDED STORAGE AREAS

The contractor may make use of the following areas for laydown, storage, and assembly of streetlights. Storage areas will be kept neat and clean and within the public right-of-way shall be marked with barricades and warning tape to separate pedestrians from the storage area.

Storage areas shall be marked with reflective barricades and warning lights to delineate the storage area to vehicular traffic.

1. Town Corporation Yard, 601 F Street – An area of AA’ x BB’ as shown on the aerial photo in Appendix B. (Need input from Louis)

2. F Street – An area of 40’ x 8’ (confirm) located along the south curb between San Francisco Ave. and Colombo Ave.

PART 4 – MEASUREMENT AND PAYMENT

Included in Section 100 of these Technical Specifications.

END OF SECTION 107

END OF TECHNICAL PROVISIONS

JANUARY 2026 TECHNICAL PROVISIONS
Residential Street Light Replacement Project
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APPENDIX A

VICINITY MAPS

JANUARY 2026 TECHNICAL PROVISIONS
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APPENDIX B

PHOTOS

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Existing Light Standard New Light Standard

J:\DESIGN\25.XXX Residential Street Light Replacement\PLANS\01, 02 STREET LIGHT REPLACEMENT.dwg@ 11:20:04 AM 12/02/25 @ 11:20:04 AMPlotted on:®Know what's below. Call before you dig. .\vol001\10seg475700.tif
J:\DESIGN\25.XXX Residential Street Light Replacement\PLANS\01, 02 STREET LIGHT REPLACEMENT.dwg@ 11:20:07 AM 12/02/25 @ 11:20:07 AMPlotted on:®Know what's below. Call before you dig.

Staff Report re FY 2023-24 Development Impact Fee Page 1 of 4

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Nathan Bassett, Administrative Services Director VIA: Dan Barros, City Manager
MEETING DATE: January 14, 2025
SUBJECT: FY 2024-25 Development Impact Fee Report
(AB1600)

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

APPROVE AND ACCEPT THE ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR ENDING JUNE 30, 2025, PURSUANT TO THE MITIGATION FEE ACT PURSUANT TO CEQA GUIDELINE 15378

COUNCIL ADOPTED VALUES
By accepting and publishing this report on the Town’s website, the Town is showing its commitment to being transparent and accountable in its use of development impact fees. This is in alignment with the fairness and responsibility attributes of the City Council adopted value-based code of conduct.

BAC

KGROUND
Development impact fees are charged by local governmental agencies in connection with approved development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development projects, implementing the projects’ “fair share” of the cost of the capital improvements project consistent with the general plan. The legal requirements for enactment of a development impact fee program are set forth in Government Code Sections 66000-66025 (the “Mitigation Fee Act” or “Act”), the bulk of which was adopted in 1987 as Assembly Bill (AB) 1600.

Th
e Mitigation Fee Act regulates how public agencies collect, maintain and spend impact charges and fees imposed on developers for the purpose of defraying costs of public facilities.

The Act includes requirements for accounting, expending and reporting charges, fees and related interest earnings.

Th
e Town collects the following types of fees in connection with development:

Da
te of Adoption Ordinance No. Fee authorized
March 14, 2006 6 41 Park Land Dedication (Park In-Lieu) September 28, 2016 639 Housing In-Lieu Fee/Housing Impact Fee AGENDA ITEM #6
Staff Report re FY 2023-24 Development Impact Fee Page 2 of 4 The Housing Impact Fee is the only fee that is subject to annual reporting under the Mitigation Fee Act. The Park In-Lieu fee is classified as a "Quimby Act" fee (Government Code §§ 66477) and is expressly excluded from the Mitigation Fee Act per Section 66000(b). The Town’s inclusionary (affordable) housing requirement for for-sale residential development provides developers’ a voluntary option to pay the Housing In-Lieu Fee (CMC Section 5.12.040). As such, the Housing In-Lieu Fee is not an exaction and is not subject to the Mitigation Fee Act. (616 Croft Ave., LLC v. City of West Hollywood, 3 Cal.App.5th 621, 630 (2016); see also Hamilton & High, LLC v. City of Palo Alto (2023) 89 Cal.App.5th 528, 553 [affordable housing requirements, including voluntary election to pay in-lieu fees, do not defray costs of increased demand on public facilities and therefore not subject to Mitigation Fee Act].) The Park In-Lieu Fee and Housing In-Lieu Fee are included in this staff report for informational purposes only and are not subject to annual reporting requirements under the Mitigation Fee Act.

T
his Annual Report must also be reviewed by the City Council at a regularly scheduled public meeting. In addition, notice of the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any interested party who files a written request with the local agency. The attached annual report consists of Attachment A that presents the revenues, expenditures, and fund balances for the Housing Impact Fee.

AN
ALYSIS
As required by the Mitigation Fee Act, impact fees must be segregated from the General Fund and accounted for in special revenue funds. Government Code Section 66006 requires that the City make available to the public information regarding development impact fees for each fund within 180 days after the end of each fiscal year:
• A
brief description of the fee and the fund into which the fee was deposited; • The amount of the fee;
• The associated fund's beginning and ending balances for the fiscal year; • The total amount of fees collected, and interest earned; • Identification of each public improvement on which impact fees were expended and the amount of expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with impact fees; • Identification of the approximate date by which construction of a public improvement will commence if the local agency determined that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete;
• An identification of each public improvement identified in a previous report and whether construction began on the approximate date noted in the previous report; • For a project identified above for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. • A description of each interfund transfer or loan made from an account or fund; and • The amount of refunds made, including the number of persons or entities identified to receive such funds , and any allocations pursuant to subdivision (f) of Section 66001. (Attachment A)
Staff Report re FY 2023-24 Development Impact Fee Page 3 of 4 Further, Government Code Section 66001(d) also requires that findings describing the continuing need for impact fees be made the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, specifying the intended use of any unexpended impact fees, regardless of whether the fees are committed or uncommitted. Five Year Findings were provided with the FY24 report in compliance with the Mitigation Fee Act.

In 2024-25, the Town collected $0 of Park In-Lieu Fees, $0 of Housing In-Lieu Fees and $0 of Housing Impact Fees. For reference, below is the fund information for the Park In-Lieu Fee and the Housing In-Lieu Fee. Information regarding the Housing Impact Fee is included in the FY 2024-25 Development Impact Fee Report (Attachment A).

PARK LAND DEDICATION (PARK IN-LIEU)
Balance at 7/1/2024 $ 0

2024-25 Fee Revenues 0

2024-25 Capital Spending/Encumbrance Project Budget
Actual
Spending
None 0

Interfund Transfers 0

Balance at 6/30/2025 $ 0

HOUSING IN-LIEU FEE
Balance at 7/1/20241 $ 217,993

2024-25 Fee Revenues 0
2024-25 Interest Revenue 7,334

2024-25 Spending/Encumbrance Project Budget
Actual
Spending
None 0 0

Interfund Transfers 0

Balance at 6/30/2025 $ 225,327

1 FY24 Ending Fund Balance has been adjusted to reflect a $451 increase in interest income on the Housing In-Lieu Funds in FY23-24, relative to the FY24 Mitigation Fee Report.

Staff Report re FY 2023-24 Development Impact Fee Page 4 of 4

FISCAL IMPACT
This is for reporting purposes and does not have a fiscal impact. However, noncompliance of the Mitigation Fee Act’s five-year reporting may result in refunds of funds.

ENVIRONMENTAL
The City Council’s decision to accept the development impact fee report is exempt from environmental review under the California Environmental Quality Act pursuant to CEQA Guideline 15378 as it is more akin to a report on government activity, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

ALTERNATIVES

1. Make alterations to the report for understandability. Please note, the amounts cannot be altered.

2. Direct staff to post the report in additional public locations.

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

ATTACHMENTS
A. FY 2024-25 Development Impact Fee Report
25977.00100\44463387.1

DEVELOPMENT IMPACT FEE REPORT
FOR FISCAL YEAR ENDED JUNE 30, 2025
FY 2024-25 Development Impact Fee Report Page 1 of 2
December 10, 2025 City Council Meeting

This report provides an overview and summarized information on the Town’s Development Impact Fees for Fiscal Year Ending June 30, 2025.

HOUSING IMPACT FEE
FEE DESCRIPTION: The Housing Impact Fee is required to be paid by a developer of for sale single- family residence , for-rent residential development of five or more units , and for non - residential/commercial development over 5,000 square feet (CMC Sections 5.12.050 and 5.12.060). In accordance with CMC Sections 5.12.010 and 5.12.030, monies deposited in the Housing Fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to households of moderate-, low- and very low-income households in the Town and in northern San Mateo County.

FEE AMOUNT: The impact fees can be found in Subchapter 1.10 of the Colma Administrative Code, Master Fee Schedule, and are listed below for each of the different types of development.

Residential Use Fee per Square Foot of Net
New Floor Area
Single Family Detached Home $10.00
Townhouses, Duplexes and Triplexes $ 15.00
Apartments and Condominiums $ 15.00
Non-Residential Use
(Only applies to developments over 5,000 sf)
Fee per Square Foot of Net
New Floor Area
Hotel $5.00
Retail, Restaurants and Services $5.00
Office, Medical Office and Research and Development Uses $5.00 FUND BALANCE*
Balance at 7/1/20241 $ 69,104
2024-25 Fee Revenues -
2024-25 Interest Revenue 2,325
2024-25 Spending/Encumbrance Project Budget
Actual
Spending
None - -
Interfund Transfers -
Balance at 6/30/2025 $ 71,429
1 FY24 Ending Fund Balance has been adjusted to reflect a $147 increase in interest income on the Housing Impact Funds in FY23-24, relative to the FY24 Mitigation Fee Report.

ATTACHMENT A
25977.00100\44463387.1

FY 2024-25 Development Impact Fee Annual Report (AB 1600) Page 2 of 2 December 10, 2025 City Council Meeting

PUBLIC IMPROVEMENTS:

The fund balance has not been expended on any public improvements during the fiscal year ended June 30, 2025.

APPROXIMATE DATE THE CONSTRUCTION OF THE PUBLIC IMPROVEMENT WILL COMMENCE:

The approximate date by which the construction of the public improvements identified in Colma Municipal Code Section 5.12.030 will commence is unknown at this time as sufficient funds have not been collected to complete financing on the incomplete public improvements. Additionally, no findings are required as detailed in Government Code Section 66006(b)(1)(F) subsection ( ii) and (iii), as no public improvements, nor a date when construction would commence, was identified in the previous report from the prior financial year.

I
NTERFUND TRANSFERS OR LOANS:

No interfund transfer or loan from the fund has occurred this financial year.

REFUNDS/ALLOCATIONS:

No refunds or allocations have been made this financial year.

Staff Report – Compost Procurement Program MOU Page 1 of 2

STAFF REPORT
TO:

Mayor and Members of the City Council
FROM: Kathleen Gallagher, Sustainability Manager
VIA: Dan Barros, City Manager
MEETING DATE: January 14, 2026
SUBJECT: Memorandum of Understanding for Compost Procurement Program

RECOMMENDATION
Staff recommends the City Council adopt the following:

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN MATEO FOR THE

SAN MATEO COUNTY COMPOST PROCUREMENT FOR CLIMATE SOLUTIONS PROGRAM PURSUANT TO CEQA GUIDELINE 15308

COUNCIL ADOPTED VALUES
Adoption of the resolution is consistent with the Council values of vision and responsibility because it enables the Town to meet SB 1383 requirements for organic waste (compost) procurement.

BACKGROUND
State law Senate Bill 1383 (SB 1383), mandates that jurisdictions reduce organic waste disposal through diversion, procurement of recycled organic products, reporting, and requires jurisdictions complete ongoing compliance reporting to CalRecycle. SB 1383 also requires jurisdictions to procure recovered organic waste products, such as compost and mulch. Since 2021, the Town of Colma has participated in a joint compost procurement program with other San Mateo County jurisdictions to meet the SB 1383 procurement requirements which is administered by the County of San Mateo in partnership with the Resource Conservation District (RCD), a nonprofit organization. The Town benefits from participation in this program because it provides cost effective compliance with SB 1383 requirements by leveraging our valuable partnerships with the County of San Mateo Office of Sustainability and the RCD and reduce staff hours needed for Town’s staff administration. The costs for this program are covered by a grant from CalRecycle’s SB 1383 Local Assistance Grant. Approval of the proposed Memorandum of Understanding updates the terms of participation, the cost and the quantities of organic materials to be procured.

ANALYSIS
AGENDA ITEM #7
Staff Report – Compost Procurement Program MOU Pa ge 2 of 2 Adoption of the resolution for approval of the MOU allows the Town to continue participation in a regional compost procurement program in partnership with the County of San Mateo and the nonprofit Resource Conservation District (RCD), where the County coordinates a regional solution on behalf of participating jurisdictions to meet their annual compost procurement targets. Through this program, the RCD will secure compost (an organic soil amendment that helps improve soil health and reduces or eliminates the need for pesticides and herbicides) that will be procured on behalf of the Town (and other jurisdictions) and applied to agricultural and rangelands in collaboration with landowners on the San Mateo County coast. The County’s Office of Sustainability provides administration, coordination and reporting for RCD and our jurisdictions. The County will provide the Town with access to an online database with information related to the RCD program and for compliance with SB 1383 recordkeeping and reporting requirements, as well as for the required annual reporting to CalRecycle. Since 2021, this organic procurement program’s regional approach has been successful and has been recognized as a model for other jurisdictions throughout California. The MOU details the amount of compost that will be procured on behalf of the Town and the program cost. The annual tonnage is 75 tons to be procured annually for 2026 and 2027 for a total cost of $6,375. These costs are covered through a grant from CalRecycle.

Sustainability Impact
Adoption of the resolution advances the Town’s sustainability initiatives by providing compost to ranchlands and agricultural lands on the San Mateo County coast which results in carbon sequestration, reducing greenhouse gas emissions and improving soil health by using compost applied to the soil instead of manufactured chemical and or fertilizers.

FISCAL IMPACT
The fiscal impact is $6,375, and these costs are covered through a grant from CalRecycle.

ENVIRONMENTAL
This program is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment).

ALTERNATIVES
Co
uncil could choose to not adopt the resolution and direct staff to develop its own compost procurement program to meet SB 1383 requirements, however, this is not advised due to the higher cost to the Town and increased staff time necessary to manage the annual program requirements.

TTACHMENTS
a. R
esolution
b. Memorandum of Understanding (MOU)
Resolution 2026 Compost Procurement Page 1 of 2
RESOLUTION 2026-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN MATEO FOR THE

SAN MATEO COUNTY COMPOST PROCUREMENT FOR CLIMATE SOLUTIONS PROGRAM PURSUANT TO CEQA GUIDELINE 15308

1. Background.
(a) T
he Town of Colma is required to meet requirements under SB 1383 to procure an annual target of compost (organic waste material) and report to CalRecycle. (
b) The Town has worked collaboratively with San Mateo County and the Resource Conservation District and all other San Mateo County jurisdictions to participate in the regional program to provide compost to agricultural and ranchlands which advances sustainability by reducing greenhouse gas emissions through carbon sequestration, reducing chemical herbicides and pesticides and improving soil health. The Town wishes to continue participation in this successful partnership with the County of San Mateo and the Resource Conservation District. 2 . Order
(a) T
he City Council hereby approves and authorizes the City Manager to execute an agreement with San Mateo County to participate in this program. //

ATTACHMENT A
Resolution 2026 Compost Procurement Page 2 of 2
Certification of Adoption
I certify that the foregoing Resolution No. 2026-__ was duly adopted at a regular meeting of said City Council held on January 14, 2026 by the following vote:

N
ame Voting Present, Not Voting Absent
Ay e No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro, Vice Mayor
Joanne F. del Rosario,
Councilmember
Thomas Walsh,
Councilmember
Ken Gonzalez, Councilmember
Voting Tally
D
ated ______________________ ___________________________________ Carrie Slaughter, Mayor
At
test: ____________________________
Michelle Estabillo Gourlie, City Clerk
1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE TOWN OF COLMA AND THE COUNTY OF SAN MATEO FOR THE IMPLEMENTATION OF A SENATE BILL (SB) 1383 COMPLIANT PROCUREMENT PROGRAM THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into on this 31st day of January 2026, by and between the County of San Mateo, hereinafter called "the County" and the Town of Colma, hereinafter called "the Jurisdiction"; W I T N E S S E T H:

WHEREAS, the State of California enacted Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016), which required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste disposal by 75 percent by 2025; and WHEREAS, the SB 1383 regulations (Title 14, Division 7, Chapter 12, Article 12 of the California Code of Regulations) require jurisdictions to procure recovered organic waste products (ROWPs) to meet annual targets set by CalRecycle; and WHEREAS, in 2021, the Jurisdiction, the County, and the San Mateo Resource Conservation District (RCD) launched a program to comply with SB 1383 requirements (Program), which between 2021 and 2024 procured and applied 21,000 tons of cost-reduced compost for local farms and rangelands, contributing to countywide procurement targets; and WHEREAS, the Program will conclude in 2026 unless a new agreement is established; and
WHEREAS, all parties have recognized the value of continuing the Program to support SB 1383 compliance, leverage prior CalRecycle SB 1383 Local Assistance Grant investments and advance progress toward procurement targets; and
WHEREAS, the Jurisdiction shall determine its annual funding contribution to the Program and shall receive procurement credit in proportion to its contribution; and WHEREAS, the County has agreed to administer the Program on the Jurisdiction’s behalf to reduce collective staff time, duplicative administrative burdens and costs in exchange for an administrative fee; and
WHEREAS, the Jurisdiction will remain ultimately responsible for meeting its annual ROWP procurement targets.

ATTACHMENT B
2 NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Services to be Performed by the County
A. Program Administration
a. The County shall serve as Program administrator, overseeing the agreement with the RCD to ensure coordination and successful implementation of the Program, in accordance with SB 1383 requirements. In this role, the County shall provide contract management, fiscal oversight, and coordination with participating jurisdictions.

b. The County shall serve as the direct service provider and allocate procurement credits in proportion to the Jurisdiction’s contribution to the Program.

c. The County shall execute an intergovernmental agreement with the RCD by February 28, 2026, to implement the Program and shall maintain the agreement for the duration of this MOU.

B. Program Funding
a. The County shall invoice the Jurisdiction for an initial contribution, set by the Jurisdiction, for an amount not to exceed $3187.50 by February 28, 2026. The initial contribution will fund the Program for calendar year 2026. Invoices may be issued after this date or divided into multiple billings if necessary to align with the Jurisdiction’s fiscal schedule. Of the total invoiced amount, the County will retain between 2% and 4% of the total amount to offset staff time costs required to administer the Program. The County will track all administrative costs associated with the Program and will furnish data to the Jurisdiction justifying the final administrative rate that will be retained. The rate will not exceed 4% in the first year of implementation. The percentage of funding retained for County administrative costs will be adjusted in future years based on the total staff time required to administer this Program.

b. The County shall provide a Program Authorization Letter Template to the Jurisdiction, by September 1, 2026, and annually thereafter, for use in authorizing its continued participation in the Program for the next calendar year.

In this letter, the Jurisdiction shall specify its total contribution, the anticipated tons of ROWP credit to be received, and the percent of its contribution that the County will retain to offset Program administration costs. The letter shall be signed by an employee of the Jurisdiction who is authorized to commit and disburse funding to the Program.

3 c. The County shall invoice the Jurisdiction for its contribution to the Program as defined in the Authorization Letter no later than January 30, 2027, and annually thereafter. If no authorization letter is provided for a given calendar year, the County shall not invoice the Jurisdiction.

d. The County shall carry forward any unspent Program contribution for the Jurisdiction’s future use in the Program.

e. Upon termination of this MOU, the County shall return any unspent contributions to the Jurisdiction within sixty (60) days.

C. Recordkeeping & Reporting
a. The County shall provide the Jurisdiction with access to an online database containing all information related to Program activities, in compliance with SB 1383 recordkeeping and reporting requirements. The database shall clearly identify the ROWP procurement completed by the County on the Jurisdiction’s behalf under this MOU.

b. The County shall provide the Jurisdiction with the information necessary to report procurement activities in its Electronic Annual Report (EAR) to CalRecycle.

This information shall be provided no later than June 1 of each year.

c. The County shall provide the Jurisdiction with written status reports twice per year on all Program activities.

D. Additional Work
a. With written approval, the County may invoice the Jurisdiction for supplemental contributions to the Program, to increase the Jurisdiction’s procurement credit.

Such approval shall specify the total funding amount and the portion allocated to Program activities and County administrative costs. Jurisdictions are not obliged to support additional work. A Jurisdiction choosing not to support additional work shall not be grounds for terminating this MOU. The Jurisdiction is not guaranteed any benefit from additional work for which it does not contribute.

b. With written approval, the County may invoice the Jurisdiction for contributions to additional projects or agreements undertaken on the Jurisdiction’s behalf to increase procurement credit or reduce the Jurisdiction’s procurement target set by CalRecycle. Such approval shall specify the total funding amount and the portion allocated to Program activities and County administrative costs.

4 2. Tasks to be Completed by the Jurisdiction
A. The Jurisdiction shall pay in full all invoices submitted by the County within forty-five (45) days of receipt.

B. The Jurisdiction shall provide the Authorization Letter to the County by November 1, 2026, and annually thereafter, to authorize its continued participation in the Program for the upcoming calendar year. The letter shall specify the total contribution, the anticipated tons of ROWP credit to be received, and the percentage of its contribution that the County will retain to offset Program administration costs.

C. The Jurisdiction may authorize participation in the Program for one (1) year or for multiple consecutive calendar years, with mutual agreement from the County. A multi- year authorization shall specify the total annual contribution amount for each year covered and shall remain subject to annual adjustment of the County’s administrative cost percentage. The Jurisdiction may revise or rescind its authorization for any future year by providing written notice to the County no later than November 1 preceding the year for which the change is requested.

D. The Jurisdiction shall be responsible for completing and submitting its EAR to CalRecycle, reporting the information provided by the County.

E. The Jurisdiction shall pay any additional invoices it has approved in writing, within forty- five (45) days of receipt, for supplemental contributions to the Program or for additional projects and agreements undertaken by the County on the Jurisdiction’s behalf.

3. Consideration
This MOU enables the continuation of the collaborative Program, jointly developed by the Jurisdiction, County, and RCD since 2021. By participating in this MOU, the Jurisdiction avoids the administrative and financial burden of creating and managing a separate contract or Program and allocating staff time, allowing the County on behalf of all the cities in San Mateo County to leverage economies of scale to reduce countywide SB 1383 procurement compliance costs.

In return, the Jurisdiction contributes funding to the Program and receives procurement credit in proportion to its contribution. This Program advances shared countywide goals by strengthening local food system resiliency, improving soil health, reducing climate impacts, and supporting long-term economic and environmental benefits across San Mateo County.

5 4. Relationship of Parties
It is expressly understood that this is an agreement between independent entities, the County and the Jurisdiction, and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. The intent of both the County and the Jurisdiction is to create an independent collaborative relationship.

5. Hold Harmless
A. It is agreed that the County shall defend, hold harmless, and indemnify Jurisdiction and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants.

B. It is agreed that Jurisdiction shall defend, save, hold harmless, and indemnify the County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of Jurisdiction and/or their respective officers, employees, agents and servants.

C. County shall defend, hold harmless, and indemnify Jurisdiction from and against any and all claims for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, County’s representatives for services provided under this MOU.

D. Jurisdiction shall defend, hold harmless, and indemnify County from and against any and all claims for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, Jurisdiction’s representatives for services provided under this MOU.

E. The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

F. In the event of concurrent negligence (or intentional/reckless acts) of Jurisdiction and/or their respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this MOU shall be apportioned according to the California theory of comparative fault.

6. Amendment of MOU and Merger Clause
This MOU constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in the body of this MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit 6 and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. Either party may request a modification to this MOU at any time. All subsequent modifications shall be in writing and will become effective when signed by all parties.

7. Records
The County shall maintain and preserve all records relating to this MOU in its possession and those of any third-party performing work related to this MOU for a period of five (5) years from the termination of this MOU.

8. Assignability
The County shall have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any work required under this MOU. The County shall notify the Jurisdiction of any assignments made in advance.

9. Notices
Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed:

In the case of the County, to:

Jasneet W. Sharma, Director
County of San Mateo Sustainability Department
455 County Center, 4th Floor
Redwood City, CA 94063
Email: [email protected]
In the case of the Town of Colma, to:

Town of Colma, City Manager
1198 El Camino Real
Colma CA 94404

Copy to: Town of Colma, Sustainability Manager
Town of Colma
1198 El Camino Real
Colma CA 94404

7 10. Controlling Law and Venue
The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this MOU must be brought in the Superior Court of California in and for the County of San Mateo.

11. Term and Termination
Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on January 31, 2026, and shall be renewed, with written approval by the Jurisdiction, annually under the same terms and conditions. This MOU may be terminated without cause by the Jurisdiction or the County at any time upon thirty (30) days prior written notice to the other party.

12. Electronic Signatures
Both County and the Jurisdiction wish to permit this MOU and future documents relating to this MOU to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this MOU may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

13. Authority
The parties warrant that the signatories to the MOU have the authority to bind their respective entities.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO

By:____________________________ Date: __________________________ Jasneet W. Sharma
Director, Sustainability Department

TOWN OF COLMA

By:____________________________ Date: __________________________ Daniel Barros
City Manager

Staff Report, 2025 Colma Building Code Adoption

STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Farhad Mortazavi, City Planner
Chai Lor, Building Official
VIA: Dan Barros, City Manager
MEETING DATE: January 14, 2026
SUBJECT: Colma Building Codes
RE

COMMENDATION
Staff recommends that the City Council adopt the following:

AN ORDINANCE AMENDING SUBCHAPTER 5.04 OF THE TOWN OF COLMA MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING OF THE 2025 CALIFORNIA BUILDING CODE, THE 2025 CALIFORNIA RESIDENTIAL CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA MECHANICAL CODE, THE 2025 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA ENERGY CODE, THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, THE 2025 CALIFORNIA EXISTING BUILDING CODE, THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, AND THE 2025 CALIFORNIA REFERENCED STANDARDS CODE; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND

DELETIONS

COUNCIL ADOPTED VALUES
Acting to protect the health and safety of building occupants is the principal indicator of responsible action by City Council. Adopting the 2025 California Building Standards C ode (“Code”), with the proposed local amendments, will make buildings safer, more efficient, and will help to preserve the Town of Colma’s (“Town”) resources.

BACKGROUND
AGENDA ITEM #8

Staff Report, 2025 Colma Building Code Adoption

Every three years, the California Building Standards Commission (“Commission”) updates the California Building Standards Code (Title 24, California Code of Regulations) . This Code sets the minimum design and construction standards for buildings and structures statewide. The new 2025 Code will become effective on January 1, 2026. Local governments may adopt more restrictive standards (known as “local amendments”) when justified by local climatic, geological, or topographical conditions. The Town of Colma has adopted such amendments in the previous cycles, most recently in 2022. If the Town does not adopt its own amendments, the statewide standards as written will automatically apply.

The 2025 California Building Standards Code consists of a comprehensive series of Codes:
 2025 California Building Code
 2025 California Electrical Code
 2025 California Mechanical Code
 2025 California Plumbing Code
 2025 California Energy Code
 2025 California Residential Code
 2025 California Green Building Standards Code
 2025 California Fire Code
 2025 California Referenced Standards Code
 2025 California Existing Building Code
 2025 California Historical Building Code
 2025 California Wildland-Urban Interface Code
In addition to the California Building Standards Code, cities and towns can adopt other model codes not included within the California Building Standards Code to assist in its implementation.

For example, staff recommends that the Town adopt the 1997 Editi on of the Uniform Housing Code and the 2024 Edition of the International Property Maintenance Code.

The Town is adopting the 2025 California Fire Code with the same amendments adopted by the Colma Fire Protection District. The amendments include requirements that all premises must have identification numbers that meet specified size requirements, and all new buildings that meet certain specified criteria must be equipped with automatic sprinkler systems.

The Town may adopt amendments to the Code. However, any changes to the Code must be more restrictive than the State Code, must be filed with and approved by the Commission, and must be necessary because of local climatic, geographic, or topographical conditions.

On December 10, 2025, the City Council introduced the ordinance and set a public hearing for January 14, 2026, so it may consider the ordinance for adoption.

Staff Report, 2025 Colma Building Code Adoption

ANALYSIS
The new 2025 California Building Standards Code will make buildings and structures safer, more efficient and sustainable. The proposed Ordinance will adopt the Code with amendments based on local conditions.

As in previous years, the Planning Department, in collaboration with the Colma Fire Protection District, is recommending the adoption of the 2025 California Building Standards Code by reference, along with local amendments designed to further safeguard life and property in the Town of Colma. These actions are included in the draft Ordinance (Attachment A). The necessary findings supporting the determination that the local amendments are necessary based on local climatic, geological, or topographical conditions, or administrative needs are provided in the draft Ordinance. Upon adoption, the referenced Codes, together with the Town’s local amendments, will be codified in Title 4 of the Colma Municipal Code.

Special Procedure
Government Code Section 50022.3 establishes the following procedure for adopting another code by reference, which is different from the usual procedure in adopting ordinances. At the first meeting to consider the ordinance, the Council should introduce the ordinance, waive further reading, and schedule a public hearing to be conducted. The City Council conducted those proceedings on December 10, 2025. Notice of the public hearing was published twice in a local newspaper at least 14 days before the public he aring. The Ordinance may be adopted at the conclusion of the public hearing and Staff is recommending that the City Council adopt the ordinance at the conclusion of the public hearing. .

SUSTAINABILITY IMPACT
Acting to protect the health and safety of building occupants is the best indicator of a responsible action by the Council. Adopting the 2025 California Building Standards Code as the Colma Building Codes, with the proposed local amendments, will make buildings safer, more efficient , and will help to preserve the Town’s resources.

FISCAL IMPACT
Adoption of this ordinance has no fiscal impact on the Town’s finances.

ENVIRONMENTAL
Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (“CEQA”) Guidelines, the adoption of the subject Ordinance would not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA.

Additionally, pursuant to Section 15060(c)(3) the activity is not a “project” as defined in Section 15378 because the Ordinance has no potential for resulting in physical change to the environment, directly or indirectly.

Staff Report, 2025 Colma Building Code Adoption

ALTERNATIVES
An alternative would be to not adopt the ordinance. In that case, the codes adopted by the California Building Standards Commission would become applicable to all construction in the Town without local amendments. This alternative is not recommended because the Ordinances are necessary to more fully safeguard life and property in the Town of Colma.

CONCLUSION
The Council should conduct a public hearing on, waive a second reading of, and adopt the attached ordinance.

ATTACHMENTS
A. Ordinance No. ____

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Ord ______ 2025 Colma Building Code Page 1 of 28

ORDINANCE NO. ______

OF THE CITY COUNCIL OF THE TOWN OF COLMA
AN ORDINANCE AMENDING SUBCHAPTER 5.04 OF THE TOWN OF COLMA MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2025 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING OF THE 2025 CALIFORNIA BUILDING CODE, THE 2025 CALIFORNIA RESIDENTIAL CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA MECHANICAL CODE, THE 2025 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA ENERGY CODE, THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, THE 2025 CALIFORNIA EXISTING BUILDING CODE, THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, AND THE 2025 CALIFORNIA REFERENCED STANDARDS CODE; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE;

TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS The City Council of the Town of Colma does ordain as follows:

ARTICLE 1. FINDINGS, PURPOSE AND AUTHORITY
The City Council of the Town of Colma finds:
(a) Pursuant to Government Code Section 50022.1 et seq., the Town of Colma (“Town”) may adopt by reference the California Building Standards Code, 2025 Edition, as provided in Title 24 of the California Code of Regulations, and other codes, including, without limitation, the 1997 Uniform Housing Code and the 2024 International Property Maintenance Code.
(b) The California Building Standards Commission (“Commission”) recently adopted the 2025 Edition of the California Building Standards Code which will go into effect on January 1, 2026.
(c) California Health and Safety Code Sections 17958.7 and 18941.5 authorize cities to modify the California Building Standards Code if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions.
(d) No
twithstanding the above, California Health & Safety Code Section 17958.5(c) prohibits cities and counties from making any change or modification to the building standards in the California Building Standards Code that would affect residential units, unless a specified exception applies.
(e) Tit
le 25, section 52 of the California Code of Regulations empowers the Town to use its own abatement procedures so long as these procedures are equivalent to the procedures

ATTACHMENT A
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Ord ______ 2025 Colma Building Code Page 2 of 28

contained in Title 25 sections 48 through 70 of the California Code of Regulations, and provided such procedures provide an efficient and effective procedure for the abatement of substandard conditions with fairness to both owners and residents. (f) The 1997 Uniform Housing Code and the 2024 International Property Maintenance Code provide efficient and effective procedures for the abatement of substandard buildings, structures and nuisances that are fair and equitable to both owners and residents and are equivalent to the procedures contained in Title 25 of the California Code of Regulations to serve the purpose intended therein.
(g) The City Council desires to adopt the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations , consisting of the 2025 Californi a
B
uilding Code (incorporating and amending the 2024 International Building Code), the 2025 California Residential Code (incorporating and amending the 2024 International Residential Code), the 2025 California Electrical Code (incorporating and amending the 2 023 National Electrical Code), the 2025 California Mechanical Code (incorporating and amending the 2024 Uniform Mechanical Code), the 2025 California Plumbing Code (incorporating and amending the 2024 Uniform Plumbing Code), the 2025 California Fire Code (incorporating and amending the 2024 International Fire Code), the 2025 California E
nergy Code, the 2025 California Green Building Standards Code, the 2025 California H
istorical Building Code, the 2025 California Existing Building Code, the 2025 California Wildland-Urban Interface Code and the 2025 California Referenced Standards Code; the 1997 E
dition of the Uniform Housing Code ; and the 2024 International Property Maintenance Code for safety, health and welfare relating to property maintenance within the Town of Colma, (collectively, the “Codes”); together with the necessary amendments to assure the Codes are tailored to the particular safety needs of the Town as required by its unique climatic, geological and topographical conditions. (h) The following local climatic, geographic or topographical conditions make it necessary to amend the Codes
:
(
1) Topography. A large portion of the Town’s residential community is built on hills, with roadways less than the required width which tend to slow response times for fire apparatus, and this same terrain complicates firefighter access to those buildings. Numerous areas are heavily treed with thick vegetative undergrowth, creating increased fuel loading during the summer months. (2)
Geography. Colma is located in Seismic Zone D and within two ( 2) miles of the San Andreas fault. There are two large underground tunnels that run the full length of the Town for the Bay Area Rapid Transit System (BART) a s well as two underground sixty (60) inch diameter forced water mains that run parallel to the Bart tunnels. These two features are separated by a regional state thoroughfare, El Camino Real. Failure of either underground system will disrupt traffic flo w t
hrough the town and further hamper First Responder efforts. (3) Climate. Colma is subject to frequent periods of heavy fog, limiting visibility. This s
ame fog contains salt which has a deleterious effect on metals including exterior electrical service cabinets and conduits.
(
4) Amendments.
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Table below provides the express findings and determinations (where necessary pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5) justifying the Town of Colma’s amendments to the 2025 California Building Standards Code as reasonably necessary because of local climatic, geologic or topographic conditions.

Section Caption Finding
California Building Code Section 105.5 Expiration Administrative California Building Code Section 109.2 Schedule of Permit Fees Administrative California Building Code Section 109.4 Work Commencing Before Permit Issuance
Administrative
California Building Code Section 110.1 General Administrative California Building Code Section 1008.3 Illumination Required by an Emergency Electrical System
Topography and Geography
California Building Code Appendix C Group U – Agricultural Buildings Topography and Geography California Building Code Appendix H Signs Topography and Geography California Building Code Appendix I Patio Covers Topography and Geography California Residential Code Section R103 Code Compliance Agency Administrative California Residential Code Section R103.2 Appointment Administrative California Residential Code Section R105.5 Expiration Administrative California Residential Code Section R108.2 Schedule of Permit Fees Administrative California Residential Code Section R108.6 Work Commencing Before Permit Issuance
Administrative
California Residential Code Section R309.2 One- and Two -Family Dwellings Automatic Fire Sprinkler Systems
Topography and Geography
California Residential Code Section
R309.3.1
General Topography and Geography
California Residential Code Section
R309.3.1.2
Sprinklers
Topography and Geography
California Residential Code Appendix BF Patio Covers Topography and Geography California Residential Code Appendix BO Existing Buildings and Structures Topography and Geography California Residential Code Appendix CI Swimming Pool Safety Act Topography and Geography California Fire Code Section 103.2 Appointment Administrative 25977.00100\44438440.1
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California Fire Code Section 103.3 Deputies Administrative California Fire Code Section 105.3.3 Occupancy Prohibited Before Approval
Administrative
California Fire Code Section 106.1 Submittals Administrative California Fire Code Section 113.4 Violation Penalties Administrative California Fire Code Section 505.1 Address Identification Topography and Climate California Fire Code Section 505.5.7 Fire Hydrant Standards Topography California Fire Code Section 505.7.8 Identification of Fire Hydrants Topography and Climate California Fire Code Section 903.2 Where Required Topography and Geography California Fire Code Section 903.2.1 Group A Topography and Geography California Fire Code Section 903.2.2 Group B Topography and Geography California Fire Code Section 903.2.3 Group E Topography and Geography California Fire Code Section 903.2.4 Group F-1 Topography and Geography California Fire Code Section 903.2.5 Group H Topography and Geography California Fire Code Section 903.2.6 Group I Topography and Geography California Fire Code Section 903.2.7 Group M Topography and Geography California Fire Code Section 903.2.8 Group R Topography and Geography California Fire Code Section 903.2.9 Group S-1 Topography and Geography California Fire Code Section 903.2.10 Group S-2 Parking Garages Topography and Geography California Fire Code Section 903.2.10.1 Commercial Parking Topography and Geography California Fire Code Section 903.2.10.2 Mechanical-Access Enclosed Parking Garages
Topography and Geography
California Fire Code Section 903.2.11.7 Area Separation Walls Topography and Geography California Fire Code Section 903.1.3.1 Installation Requirements Administrative California Fire Code Section 903.3.10 Floor Control Valves Topography and Geography California Fire Code Section 903.4.3 Alarms Topography and Geography California Fire Code Section 907.2 Where Required —New Buildings and Structures
Topography and Geography
California Fire Code Section 907.2.9 Groups R-2, R-2.1 and R-2.2 Topography and Geography 25977.00100\44438440.1
Ord ______ 2025 Colma Building Code Page 5 of 28

California Fire Code Section 907.9 Where Required in Existing Buildings and Structures
Topography and Geography
California Fire Code Section 1008.3.3 Illumination Required by an Emergency Electrical System
Topography and Geography
California Fire Code Appendix C Section
C102.1, T102.1
Required Number and Spacing of
Fire Hydrants
Topography and Geography
California Green Building Standards Code
Section 4.408.1
Construction Waste Reduction,
Disposal and Recycling
Administrative
California Green Building Standards Code
Section 4.408.2
Construction Waste Management
Plan
Administrative
California Green Building Standards Code
Section 4.408.3
Waste Management Company Administrative
California Green Building Standards Code
Section 4.408.4
Waste Stream Reduction
Alternative
Administrative
California Green Building Standards Code
Section 4.408.5
Documentation Administrative
California Green Building Standards Code
Section 5.408.1
Construction Waste Reduction,
Disposal and Recycling
Administrative
California Green Building Standards Code
Section 5.408.1.1
Construction Waste Management
Plan
Administrative
California Green Building Standards Code
Section 5.408.1.2
Waste Management Company Administrative
California Green Building Standards Code
Section 5.408.1.3
Waste Stream Reduction
Alternative
Administrative
California Green Building Standards Code
Section 5.408.1.4
Documentation Administrative
California Mechanical Code Appendix F Sizing of Venting Systems and Outdoor Combustion and
Ventilation Opening Design
Topography and Geography
California Plumbing Code Appendix A Recommended Rules for Sizing the Water Supply System
Topography and Geography
California Plumbing Code Appendix B Explanatory Notes on Combination Waste and Vent Systems
Topography and Geography
California Plumbing Code Appendix C Alternate Plumbing Systems Topography and Geography 25977.00100\44438440.1
Ord ______ 2025 Colma Building Code Page 6 of 28

California Plumbing Code Appendix D Sizing Storm Water Drainage Systems
Topography and Geography
California Plumbing Code Appendix F Firefighter Breathing Air Replenishment Systems
Topography and Geography
California Plumbing Code Appendix G Sizing of Venting Systems Topography and Geography California Plumbing Code Appendix H Private Sewage Disposal Systems Topography and Geography California Plumbing Code Appendix I Installation Standards Topography and Geography California Plumbing Code Appendix J Combination of Indoor and Outdoor Combustion and
Ventilation Opening Design
Topography and Geography
California Plumbing Code Appendix K Potable Rainwater Catchment System
Topography and Geography
(i) T h
e changes and modifications made to the Codes not listed in the table are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the Town of Colma and do not modify a building standard pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5.
(j) The Town published notice of a public hearing pursuant to California Government Code Section 6066 on December 29, 2025.
(k) T
he Town held a public hearing on January 14, 2026, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein.
(l) At least one copy of each of the Codes adopted by reference by this ordinance were available for public inspection at the office of the City Clerk fifteen (15) days preceding the public hearing pursuant to Government Code Section 50022.6. (m) Any and all other legal prerequisites relating to the adoption of this ordinance have occurred.

ARTICLE 2. SUBCHAPTER 5.04 AMENDED
Sections 5.04.010 to 5.04.250 of subchapter 5.04 of the Colma Municipal Code are hereby repealed and restated in its entirety to read as provided herein. Sections 5.04.260 to 5.04.350 remain unchanged.

ARTICLE 3. SUBCHAPTER 5.04, DIVISION 1 - GENERAL
The following sections are added to subchapter 5.04, Building and Construction Regulations, of the Colma Municipal Code as “Division 1 – General.”
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Ord ______ 2025 Colma Building Code Page 7 of 28

Subchapter 5.04 - Building and Construction Regulations Division 1: General

5.04.010 A pplication .
(a) The provisions of this subchapter shall hereafter apply to the construction, alteration, moving, repair and use or maintenance of any building or structure, site, and the equipment therein, within the Town of Colma, and shall be known as the “Colma Building Codes.”
(
b) The Colma Building Codes shall be the primary source of regulations for the construction, addition to, alteration, repairs, relocations, or reconstruction of any building or any portion thereof including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building, and for the maintenance o f e
xisting buildings. It shall be unlawful for any person to perform any of the above in conflict with the provisions of this subchapter and the codes referred to in herein.

5.04.020 Conflicts with Other Laws, Rules, etc.

In the event of any conflict between the Colma Building Codes and any law, rule or regulation of the State of California, that requirement which establishes the higher standard of safety shall govern.

5.04.030 Titles.

The term “Colma Building Codes” means the collection of laws and regulations described in this subchapter, while the term, “Colma Building Code,” refers to the particular code adopted by section 5.04.050 of this subchapter.

5.04.040 [Reserved].

ARTICLE 4. SUBCHAPTER 5.04, DIVISION 2 – COLMA BUILDING CODES The following sections are added to subchapter 5.04 of the Colma Municipal Code as “Division 2 – Colma Building Codes.”
Division 2: Colma Building Codes

5.04.050 Colma Building Code Adopted.

The 2025 Edition of the California Building Code, contained in Part 2 of Title 24 of the California Code of Regulations, which incorporates and amends the 2024 Edition of the International Building Code as published by the International Code Council, together with Chapter 1, and with the changes, additions, and deletions set forth in the following section , is hereby adopted by reference as the Colma Building Code.
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Ord ______ 2025 Colma Building Code Page 8 of 28

5.04.060 Administration of Colma Building Code.

The following provisions of the California Building Code are hereby amended as follows:
(
a) S ection 1 .11.2.1 Amended.

It
em 1 of Section 1.11.2.1 of Chapter 1, Division I is amended to state as follows: “The T
own of Colma specifically delegates the enforcement of building standards adopted by the State Fire Marshal, and published in the Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal, as they relate to Group R-3 Occupancies (one and two family dwellings) to the Building Official of Town of Colma.” (b) S ection 101.1 Amended.

S
ection 101.1 of Chapter 1, Division II is amended to state as follows: “These regulations shall be known as the Colma Building Code, hereinafter referred as ‘this code’.” (c) S ection 103 Amended.

The term “Code Compliance Agency ” in Section 103 of Chapter 1, Division II, of the Cal
ifornia Building Code, as well as all other codes adopted in this subchapter where the term appears, refers to the Building Department of the Town of Colma. (d) S ection 103.2 Amended.

Section 103.2 is amended to state as follows: “The Building Official shall be appointed by the City Manager.”
(e) S ection 105.5 Amended.

Section 105.5, “Expiration,” is amended to state as follows:
“105.5 Expiration.
(a) Every permit issued by the Building Official , or his or her designee, under the provisions of his Code shall expire by limitation and become null and void if:
(1) the building or work authorized by such permit is not commenced within twelve (12) months from the date o f
s
uch permit;
(2) the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of twelve (12) months.
(b) For permits where work has not commenced, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; (3) the project would not be impacted by a 25977.00100\44438440.1
Ord ______ 2025 Colma Building Code Page 9 of 28

change in the current adopted codes, and; (4) the applicant pays a reactivation fee equal to one half the amount of the original permit fee.
(c) For permits where work had commenced and was subsequently suspended or abandoned, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) a fee equal to one half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point whereby only a final inspection is required, a fee equal to one quarter the amount required for a new permit shall be paid.”
(f)
S ection 109.2 Amended.

Se ction 109.2, “Schedule of Permit Fees,” is amended to state as follows:
“For any work on buildings or structures which requires a permit and/or plan review, fees shall be paid in accordance with Resolutions and Ordinances that are established by action of the City Council of the Town of Colma.”
(g)
S ection 109.4 Amended.

Se ction 109.4, “Work Commencing Before Permit Issuance,” is amended by adding thereto the following:
“That fee, for commencing work prior to permit issuance, may be equal to up to ten times the permit fee to a maximum amount of $5,000.00 as determined by the Building Official. This fee is in addition to the permit costs and any additional investigative fees.”
(h) S ection 110.1 Amended.

Section 110.1, “General,” is amended by adding thereto the following :
“W hen required, S urvey Stakes shall be provided prior to first inspection and maintained so they are clearly visible until after the Certificate of Occupancy has been issued.”
(i) Section 1008.3 Amended.

Section 1008.3, “Illumination Required by an Emergency Electrical System,” is amended by adding thereto the following:
“All restrooms, and paths of egress from those restrooms to an exit discharge.”
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(j) Appendix B Adopted.

Appendix B, “Board of Appeals,” is adopted as part of the Colma Building Code. (k) Appendix C Adopted.

Appendix C, “Group U—Agricultural Buildings,” is adopted as part of the Colma Building Code.
(l) Appendix H Adopted.

Appendix H, “Signs,” is adopted as part of the Colma Building Code. (m) Appendix I Adopted.

Appendix I, “Patio Covers,” is adopted as part of the Colma Building Code.

5.04.070 Colma Residential Code Adopted
The 2025 Edition of the California Residential Code , contained in Part 2.5 of Title 24 of the California Code of Regulations, which incorporates and amends the 2024 Edition of the International Residential Code as published by the International Code Council, together with Chapter 1, with the following changes, additions, and deletions set forth in the following section, is adopted by reference as the Colma Residential Code.

5.04.080 Administration of Colma Residential Code
The following provisions of the California Residential Code are hereby amended as follows:
(a) Section R103 Amended.

Section R103, “Code Compliance Agency,” is amended by adding there to the following:
“The term ‘Code Compliance Agency” in Section R103 of the California Residential Code, as well as all other codes adopted in this subchapter where the term appears, refers to the Building Department of the Town of Colma.’
(b) Section R103.2 Amended.

Section R103.2, “Appointment,” is amended to state as follows: “The Building Official shall be appointed by the City Manager.”
(c) Section R105.5 Amended.

Section R105.5, “Expiration,” is amended to state as follows:
“105.5 Expiration.
(a) Every permit issued by the Building Official , or his or her designee, under the provisions of this Code shall expire by limitation and become null and void if:
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Ord ______ 2025 Colma Building Code Page 11 of 28

(1) the building or work authorized by such permit is not commenced within twelve (12) months from the issuance date of such permit; (2) the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of twelve ( 12) months.
(b) For permits where work has not commenced, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) the project would not be impacted by a change in the current adopted codes, and; (4) the applicant pays a reactivation fee equal to one half the amount of the original permit fee. (c) For permits where work had commenced and was subsequently suspended or abandoned, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) a fee equal to one half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point whereby only a final inspection is required, a feel equal to one quarter the amount required for a new permit shall be paid.”
(d)
Section R108. 2 Amended.

Section R108.2, “Schedule of Permit Fees,” is amended to state as follows:
“For any work on buildings or structures which requires a permit and/or plan review, fees shall be paid in accordance with Resolutions and Ordinances that are established by action of the City Council of the Town of Colma.”
(e) Section R108 .6 Amended.

Section R1 08.6, “Work Commencing Before Permit Issuance,” is amended by adding thereto the following:
“That fee, for commencing work prior to permit issuance, may be equal to up to ten times the permit fee to a maximum amount of $5,000.00 as determined by the Building Official. This fee is in addition to the permit costs and any additional investigative fees.”
(f) Section R30 9.2 Amended.

Section R309.2, “One- and Two-Family Dwellings automatic fire sprinkler systems,” Item 1 is amended to state as follows: “An automatic residential fire sprinkler system is not required where an addition and/or alteration to an existing residential structure does not exceed 50% of the existing floor area.”
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(g) Section R30 9.3.1 Amended.

The second sentence in Section R309.3.1 “General” is amended to state as follows:
“Partial Fire Sprinkler Systems are not allowed; all areas of the structure shall be protected in accordance with this chapter.”
(h) Section R30 9.3.1.2 Amended.

Se
ction R309.3.1.2 “Sprinklers” Exception 4 is amended to state as follows: “Detached garages; carports with no habitable space above; open attached porches, unless they are located at the only egress door from the dwelling; and patio covers open on 3 sides or more.”
(i) Appendix B F Adopted.

Appendix BF, “Patio Covers,” is adopted as part of the Colma Residential Code. (j) Appendix BO Adopted.

Appendix BO, “Existing Buildings and Structures,” is adopted as part of the Colma Residential Code.
(k) Appendix CI Adopted.

Appendix CI, “Swimming Pool Safety Act,” is adopted as part of the Colma Residential Code.

5.04.090 Colma Electrical Code
The 2025 Edition of the California Electrical Code, contained in Part 3 of Title 24 of the California Code of Regulations, which incorporates and amends the 20 23 Edition of the National Electrical Code as published by the National Fire Protection Association, together with Article 89, is adopted by reference as the Colma Electrical Code.

5.04.100 Colma Mechanical Code
The 2025 Edition of the California Mechanical Code, contained in Part 4 of Title 24 of the California Code of Regulations, which incorporates and amends the 2024 Edition of the Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, together with Chapter 1, with the following changes, additions, and deletions set forth, is adopted by reference as the Colma Mechanical Code.
(a) Appendix F, “Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design,” is adopted as part of the Colma Mechanical Code.

5.04.110 Colma Plumbing Code
The 2025 Edition of the California Plumbing Code, contained in Part 5 of Title 24 of the California Code of Regulations, which incorporates and amends the 2024 Edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Plumbing Officials, together 25977.00100\44438440.1
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with Chapter 1, with the following changes, additions, and deletions, is adopted by reference as the Colma Plumbing Code.
(a) Appendix A, “Recommended Rules for Sizing the Water Supply System,” is adopted as part of the Colma Plumbing Code.
(b) Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” is adopted as part of the Colma Plumbing Code.
(c) Appendix C, “Alternate Plumbing Systems,” is adopted as part of the Colma Plumbing Code.
(d) Appendix D, “Sizing Storm Water Drainage Systems,” is adopted as part of the Colma Plumbing Code.
(e) Appendix F, “Firefighter Breathing Air Replenishment Sysytems,” is adopted as part of the Colma Plumbing Code.
(f) Appendix G, “Sizing of Vents,” is adopted as part of the Colma Plumbing Code. (g) Appendix H, “Private Sewage Disposal Systems,” is adopted as part of the Colma Plumbing Code.
(h) Appendix I, “Installation Standards,” is adopted as part of the Colma Plumbing Code. (i) Appendix J, “Combination of Indoor and Outdoor Combustion and Ventilation Opening Design,” is adopted as part of the Colma Plumbing Code. (j) Appendix K, “Potable Rainwater Catchment Systems,” is adopted as part of the Colma Plumbing Code.

5.04.120 Colma Energy Code
The 2025 Edition of the California Energy Code , contained in Part 6 of Title 24 of the California Code of Regulations as published by the International Code Council, is adopted by reference as the Colma Energy Code.

5.04.125 Colma Wildland-Urban Interface Code
The 2025 Edition of the California Wildland-Urban Interface Code, contained in Part 7 of Title 24 of the California Code of Regulations as published by the International Code Council, is adopted by reference as the Colma Wildland-Urban Interface Code.

5.04.130 Colma Historical Building Code
The 2025 Edition of the California Historical Building Code, contained in Part 8 of Title 24 of the California Code of Regulations as published by the International Code Council, is adopted by reference as the Colma Historical Building Code.
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5.04.140 Colma Fire Prevention Code
The 2025 Edition of the California Fire Code, contained in Part 9 of Title 24 of the California Code of Regulations, which incorporates and amends the 2024 Edition of the International Fire Code as published by the International Code Council, together with Chapter 1, with the following changes, additions, and deletions, is adopted by reference as the Colma Fire Prevention Code. (b) Chapter 1 Division II, Administration, is adopted, in its entirety, for the administration and enforcement of the provisions of the Colma Fire Prevention Code, excepting amendments as provided herein:
(1)
Section 103.2 Amended.

S
ection 103.2, “Appointment,” is amended to state as follows:
“Section 103.3 Fire Code Official.

The Fire Chief of the Colma Fire Protection District shall also be known as the Fire Code Official, or the Fire Marshal, and may delegate certain responsibilities to a deputy Fire Code Official, and or sworn personnel.”
(2) Section 103.3 Amended.

Section 103.3, “Deputies,” is amended to state as follows:
“Section 103.3 Fire Code Official.

Section 105.3.3, “Occupancy Prohibited Before Approval ,” i s ame
nded to state as follows:
“
Section 105.3.3 Occupancy Prohibited Before Approval. No fi
nal inspection by the Building Official shall be made for occupancy of new or altered construction, as to all or any portion of a building or structure shall be deemed complete , and no certificate of occupancy issued, occupancy or temporary occupancy granted until the installation of the prescribed fire protection features and access ways have been completed and approved by the Fire Code Official, excluding R-3 Single Family Dwellings in accordance with Health and Safety Code Section 13146.”
(4) Section 106.1 Amended.

Se
ction 106.12, “Submittals,” to state as follows:
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“Section 106.2 Submittals. Construction documents shall be in accordance with this section. When required by the Fire Code Official, plans submitted to the Colma Building Department or Building Official for a permit shall also be reviewed by the Fire Code Official to determine compliance with the Colma Fire Prevention Code. Upon review, a written report shall be returned to the local building official listing deficiencies or compliance with the Code.” (5) Section 113.4 Amended.

Section 113.4, “Violation Penalties,” is amended to state as follows:
“Section 113 .4 Violation Penalties. Persons who violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or falsification of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment not exceeding 6 month, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.”
(6) Chapter 4 Adopted.

Chap
ter 4, “Emergency Planning and Preparedness,” is adopted in its entirety. (7) Section 505.1 Amended.

Amend the seventh (7th) sentence of Section 505.1, “Address Identification,” is amended to state as follows:
“Numbers typically shall be a minimum of 4 inches in height with a minimum stroke of 1/2 inch for individual residential structures, and a minimum of 6 inches in height for commercial structures with a minimum stroke of 1 inch, or other approved sizes based on distances from roadways. In multi -tenant buildings, with rear doors, addresses shall also be posted upon those tenant space doors at the rear of the building. The numerals on the rear doors shall be 3 inches in height and 1/2 inch in stroke.”
(8)
Section 507.5.7 Added.

Section 507.5.7, “Fire Hydrant Standards,” is added to state as follows:
“Section 507.5.7 Fire Hydrant Standards. All fire hydrants to be installed, or replaced, shall be new, UL listed, or equivalent, wet- barrel type having a minimum of two 2-1/2 inch and one 4-1/2 inch outlets equipped with National Standard Threads.”
(9) Section 507.5.7 Added.

Section 507.5.8, “Identification of Fire Hydrants,” to state as follows:
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“Section 507.5.8 I dentification Of F ire Hydrants. With respect to fire hydrants located on public streets in commercial, residential and on private access roadways, the space in front of the fire hydrant shall be painted red or otherwise appropriately marked for a distance of fifteen feet (15') in either direction from any hydrant and not less than three feet (3') on any one side. The fifteen feet (15’) may be reduced to six (6’) feet – when approved by the Fire Code Official. The Colma Fire Protection District shall have the authority to require any fire hydrant location be identified by installing a blue reflector on the street or access road adjacent to the fire hydrant, with the specific location of the fire hydrant to be determined by the Fire Code Official.”
(10) Section 903.2 Amended.

Section 903.2, “Where Required,” is amended state as follows:
“
Section 903.2 Where R equired. Notwithstanding the
provisions of this Code or the provisions of any other codes applicable within the Colma Fire Protection District , an approved automatic fire extinguishing system shall be installed in the following:

A. All new non-residential buildings having a total floor area of one thousand five hundred (1,500) square feet or more, or;
B. All new residential buildings, or;
C. All new buildings or structures thirty feet (30') or more in height as defined in the California Building Code, or;
D. Buildings or structures which are three (3) stories or more, irrespective of height, or;
E. All G roup H occupancies, or;
F. All new habitable basements, regardless of floor area, or; G. Existing residential structures which undergo any alteration or addition, or combination thereof, within a five (5) year period, wherein the area of alteration and/or addition, or combination thereof, exceeds fifty percent ( 50%) of the existing floor area, or;
H. Existing non- residential structures which undergo any addition or alteration, or combination thereof, within a five (5)
year period, wherein the area of alteration and/or
addition, or combination thereof, exceeds fifty percent (50%) of the existing floor area, or;
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I. Non-residential buildings which undergo a change of use which results in a more hazardous occupancy classification as determined by the fire code official.

The 50% Rule Explained:

The renovation of any structure and/or when combined with any additions to the structure, affects a gross floor area which exceeds fifty percent (50%) of the existing floor area of the structure. For the purpose of this section, when determining the affected gross floor area of an existing structure, whenever more than fifty percent (50%) of the wall or ceiling coverings (e.g., wallboard, plaster, etc.) have been removed from within a room or space bounded by three or more walls within the structure, the entire gross floor area of the room or space shall be counted towards the total affected gross floor area of the existing structure.

Automatic Sprinkler System Exceptions:

1. Mausoleum and columbarium structures as defined in the Cemetery Act, State of California; and

2. Where this Code or the California Building Code, Californi a
C
ode Of Regulations Title 24, Part 2 is more restrictive.” (11) Section 903.2.1 Deleted.

S ection 903.2.1, “Group A,” is deleted.
(12) Section 903.2.2 Deleted.

Se ction 903.2.2, “Group B,” is deleted.
(13) Section 903.2.3 Deleted.

Se ction 903.2.3, “Group F-1,” is deleted.
(14) Section 903.2.4 Deleted.

Se ction 903.2.4, “Group F-1,” is deleted.
(15) Section 903.2.5 Deleted.

Se ction 903.2.5, “Group B,” is deleted.
(16) Section 903.2.6 Deleted.

Se ction 903.2.6, “Group I,” is deleted.
(17) Section 903.2.7 Deleted.
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Se ction 903.2.7, “Group M,” is deleted.
(18) Section 903.2.8 Deleted.

Se ction 903.2.8, “Group R,” is deleted.
(19) Section 903.2.9 Deleted.

Se ction 903.2.9, “Group S-1,” is deleted.
(20) Section 903.2.10 Deleted.

Se ction 903.2.10, “Group S-2 Parking Garages,” is deleted. (21) Section 903.2.10.1 Deleted.

Se ction 903.2.10.1, “Commercial Parking Garages,” is deleted. (22) Section 903.2.11.7 Added.

Section 903.2.11.7, “Area Separation Walls,” to state the following:
“Section 903.2.11.7 Area Separation Walls. The use of area s
eparation walls may be used for area increases in accordance with the California Building Code, but shall not be used to negate the requirements for an automatic fire extinguishing system as required by this section.”
(23) Section 903.3.1.3.1 Added.

Section 903.3.1.3.1, “Installation Requirements,” is added to state the following:
“
Section 903.3.1.3.1 Installation Requirements. In addition to the requirements of NFPA 13D the following policy shall be followed:

PLAN REVIEW –

1. Applicant shall provide a copy of a recent (within past 6 months) water flow test report. The test report shall be supplied by the water purveyor and printed on the water purveyor’s letterhead.

2. A two -head calculation is required for occupancies up to 3600 sq ft. When a single family residence cannot meet California minimum water flow or access requirements,
additional water flow and/or sprinkler head calculations may be required.

INSTALLATION –
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1. Approved back flow assemblies shall be installed in
accordance with water department requirements.

2. Water meter size shall be not less than 1 inch, with equal size service unless the Colma Fire Protection District makes exceptions.

3. When a hanger is being supported by a composite wood truss, pipe hangers shall have backing nuts on all threaded rods.

4. Approved annunciation devices shall be provided at
locations designated by the Colma Fire Protection District , both exterior and interior. Approved interior mini horn devices and approved exterior audible and visual devices shall activate upon fire sprinkler water flow alarm. All notification appliances shall receive primary power from the kitchen refrigerator circuit.

5. The inspector’s test valve shall be provided at the far remote-side of the system away from the riser and be
clearly identified.

6. The location of the riser shall be in accordance with the Colma Fire Protection District requirements.

7. A
ttic (pilot) heads, for fire detection, shall be installed at attic access points with greater than 30 inches of vertical space. If the attic has room for storage, or if mechanic al equipment is in the attic , fire s prinkler heads shall be installed throughout the entire attic space.

8. Fire sprinkler system main drains and Inspector’s Test drains, shall be clearly identified, and shall either discharge into a Sanitary Sewer or a landscape area large enough to contain the system contents, in accordance with provisions of Municipal Regional Stormwater Permit.

INSPECTION REQUIREMENTS -
Inspections by the Colma Fire Protection District shall consist of not less than:

1. A rough installation inspection and hydrostatic test, prior to concealing any components.

2. The hydro static test shall be performed at 200 psi for a period of not less than 2 hours.
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3. Underground piping system shall be flushed prior to
connecting to the sprinkler riser.

4. Where concealed sprinkler heads are used a pre -final inspection shall be performed prior to the installation of the concealing plates to verify no presence of contaminants on the heads.

5. A final inspection.”
(25) Section 903.3.10 Amended.

Replace Section 903.3.10, “Floor Control Valves,” with the following:
“Section 903.3.10 Floor Control Valves. Approved supervised indicating control valves and water-flow switches shall be provided at the point of connection to the riser on each floor in multi -level buildings.

EXCEPTION: Within individual dwelling units.”
(26) Section 903.4.3 Amended.

Section 903.4.3, “Alarms,” is amended to state as follows:
“Section 903.4.3 A larms. An approved audible and visual sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An audible and visual sprinkler flow alarm shall be provided in the interior of the building in a normally occupied location. Multi-tenant buildings shall be provided with an audible and visual sprinkler flow alarm and a manual pull station within each separate tenant space, at an approved location. Multi- story buildings, regardless of tenancy, shall be provided with an audible and visual sprinkler flow alarm at each floor level, in an approved location. All bathrooms and walk-in coolers/freezers shall be provided with visual notification appliances where a fire alar m
s
ystem is installed, actuation of the automatic sprinkler system shall activate the building fire alarm system.”
(27) Section 907.2 Amended.

Sections 907.2, “Where Required—New Buildings and Structures,” is amended to state as follows:
“Section 907.2 WHERE REQUIRED—NEW BUILDINGS AND
EXISTING STRUCTURES. An approved fire alarm system shall be installed including manual fire alarm boxes at each exit in each tenant space of a multi-tenant building and at each exit stairway on every floor of a multi-story building regardless of tenancy.” (28) Section 907.2.9 Amended.

Section 907.2.9, “Groups R-2, R-2.1 and R-2.2,” to state as follows:
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“Section 907.2.9 Group R-2, R-2.1 and R-2.2. Fire alarm systems with manual fire alarm boxes shall be located at each ground floor exit and on each floor’s exit stairways. Automatic smoke detection systems and smoke alarms shall be installed in Group R-2, R-2.1 and R-2.2 Occupancies as required in Sections 907.2.8.2, 907.2.9.1 and 907.2.10.2.”
(29) Section 907.9 Amended.

Sections 907.2, “Where Required in Existing Buildings and Structures,” is amended to state as follows:
“Section 907.9 Where Required in Existing Buildings and S
tructures. An approved fire alarm system shall be installed including manual fire alarm boxes at each exit in each tenant space of a multi-tenant building and at each exit stairway on every floor of a multi-story building regardless of tenancy.”
(3
0) Section 1008.3.3 Amended.

Section 1008.3.3, “Illumination Required by an Emergency Electrical System,” Item 3.5 with the following:
“All public restrooms, and paths of egress from those restrooms to an
exit discharge.”
(c) The following Appendix Chapters are adopted;
(1) Appendix A, “Board of Appeals,” is adopted as part of the Colma Fire Code.
(2) Appendix B, “Fire-Flow Requirements for Buildings,” is adopted as part of the Colma Fire Code.
(3) Appendix BB, “Fire-Flow Requirements for Buildings (Schools),” is adopted as part of the Colma Fire Code.
(4) Appendix C, “Fire Hydrant Locations and Distribution,” is adopted as part of the Colma Fire Code with the following amendments:
(a) Table C102.1 Amended.

Section C102.1, “Minimum Number of Fire Hydrants for a
Building,” Table C102.1, “Required Number and Spacing of Fire Hydrants,” Footnote C, is amended to state the following:
“Where water mains are extended along streets where fire hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided with spacing determined by the Fire Code Official, to provide for transportation hazards.”
(5) Appendix CC, “Fire Hydrant Locations and Distribution (Schools), ”
i
s adopted as part of the Colma Fire Code.
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(6) Appendix D, “Fire Apparatus Access Roads,” is adopted as part of t
he Colma Fire Code.
(7) Appendix F, “Hazard Ranking,” is adopted as part of the Colma Fire Code.
(8) Appendix I, “Fire Protection Systems – Noncompliant Conditions,” i
s adopted as part of the Colma Fire Code.
5 .04.150 Colma Existing Building Code
The 2025 Edition of the California Existing Building Code, contained in Part 10 of Title 24 of the California Code of Regulations as published by the International Code Council , is adopted by reference as the Colma Existing Building Code.

5.04.160 Colma Green Building Standards Code
The 2025 Edition of the California Green Building Standards Code , contained in Part 11 of Title 24 of the California Code of Regulations, with the following changes, additions, and deletions, is adopted by reference as the Colma Green Building Standards Code. (a) Section 4.408.1 Amended.

Section 4.408.1, “Construction Waste Management,” is amended to state as follows:
“A
ll construction and demolition work within the Town of Colma shall be in compliance with sections 5.04.260 through 5.04.350 of the Colma Municipal Code.”
(b)
Section 4.408.2 Deleted.

Section 4.408.2, “Construction Waste Management Plan,” is deleted. (c) Section 4.408.3 Deleted.

Section 4.408.3, “Waste Management Company,” is deleted. (d) Section 4.408.4 Deleted.

Section 4.408.4, “Waste Stream Reduction Alternative,” is deleted. (e) Section 4.408.5 Deleted.

Section 4.408.5, “Documentation,” is deleted.
(f) Section 5.408.1 Amended.

Section 5.408.1, “Construction Waste Reduction, Disposal and Recycling,” is amended to state as follows:
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Section 5.408.1, “Construction Waste Reduction, Disposal and Recycling,” is amended to state as follows:“All construction and demolition work within the Town of Colma shall be in compliance with sections 5.04.260 through 5.04.350 of the Colma Municipal Code.” (g) Section 5.408.1.1 Deleted.

Section 5.408.1.1, “Construction Waste Management Plan ,” is deleted. (h) Section 5.408.1.2 Deleted.

Section 5.408.1.2, “Waste Management Company,” is deleted. (i) Section 5.408.1.3 Deleted.

Section 5.408.1.3, “Waste Stream Reduction Alternative,” is deleted. (j) Section 5.408.1.4 Deleted.

Section 5.408.1.4, “Documentation,” is deleted.
(k) S
ection 5.04.290 of the Colma Municipal Code, “Diversion Requirements,” is amended in its entirety to state as follows:
“5.04.290 Diversion Requirements
The Builder shall follow the diversion requirements in the 2025 California Green Building Standards Code, as adopted by reference and amended by the Town in subdivision A of this Section 5.04.160.”

5.04.170 Colma Referenced Standards Code
The 2025 Edition of the California Referenced Standards Code, contained in Part 12 of Title 24 of the California Code of Regulations as published by the International Code Council, is adopted by reference as the Colma Referenced Standards Code.

5.04.180 Colma Housing Code
The 1997 Edition of the Uniform Housing Code as published by the International Conference of Building Officials, with the following changes, additions, and dele tions, is adopted by reference as the Colma Housing Code.
(a) Section 203.1.Deleted.

Section 203.1 is deleted.
(b) Section 302 Amended.

Section 302, “Fees,” is amended to state as follows:
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“Whenever work is required to be done under the provisions of this code, a building, plumbing, electrical or mechanical permit may be required by the Building Official prior to commencement of the work. Fees may be assessed pursuant to permit fee resolutions adopted by the City Council from time to time. If abatement proceedings are initiated against a property to gain compliance with the provisions of this code, all costs associated with the abatement shall be paid by the property owner pursuant to the provisions of subchapter 2.01 of the Colma Municipal Code.”
(c) Section 1001.2 Amended.

Section 1001.2, “Inadequate Sanitation,” is amended by adding the following:
“16. Lack of an approved potable water supply.”

5.04.190 Colma Property Maintenance Code
The 2024 Edition of the International Property Maintenance Code as published by the International Code Council, is adopted by reference as the Colma Property Maintenance Code.

5.04.200 Interpretation
The provisions of these Codes are enacted for the public health, safety, and welfare and are to be liberally construed for those purposes thereof.

5.04.210 Codes Available to the Public
A complete set of the above referenced codes adopted in this subchapter shall be maintained in the Building Department and shall be made available for review by the public.

ARTICLE 5. SUBCHAPTER 5.04, DIVISION 3 – HOURS OF CONSTRUCTION The following sections are added to subchapter 5.04, Building and Construction, of the Colma Municipal Code as “Division 3 – Hours of Construction.” Division 3: Hours of Construction

5.04.220 Standard Hours of Construction
(a) The City Council finds that regulation of construction noise is necessary to protect the public health and safety, and that construction noise at early or late times of the day is a nuisance to neighboring properties.
(b) As used in this subchapter, “noise generating construction activity” means the use of any noise generating equipment or tool, including but not limited to: excavators, backhoes, post diggers, pile drivers, saws, electric screw drivers, grinders, nail guns, compressors, generators, hammers, jack hammers, power washers, paint guns, scaffolding erection, or 25977.00100\44438440.1
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similar noise generating equipment. “Noise generating construction activity” also includes construction material delivery, demolition activities and the servicing of tools and equipment. “Noise generating construction activity” does not include activities such as drywall finishing, painting, tile laying, carpet installation or the use of small hand tools in a fully enclosed structure with windows and doors closed. (c) Within a radius of 500 feet from any residential unit within the Town boundaries, noise generating construction activity shall only be permitted between the following hours/days:

Monday Through Friday 8:00 AM through 7:00 PM
Saturday 9:00 AM through 5:00 PM
Sunday 12:00 PM through 5:00 PM
Noise generating construction activity is prohibited on all of the following federal holidays:

New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and Christmas Day.

The Building Official, or his or her designee, may grant an exception for special conditions when requested in writing and approved by the Building Official , or his or her designee, prior to the start of noise generating activity. The above requirements do not apply to emergency repair work, work for public utility and street repair, street sweeping, garbage collection and emergency response warning systems.
(d) For projects more than 500 feet from a residential unit in the Town of Colma, construction hours shall be assigned on a project-by-project basis by the Building Official, or his or her designee, or as established within a project’s Conditions of Approval, based on evaluation of potential noise-related impacts on surrounding uses.

5.04.230 Accessibility and Pedestrian Access During Construction No person shall conduct any construction or repair work that interferes with or encroaches upon the public right -of-way unless that person establishes and maintains an accessible path of travel during construction for use by persons, including those with disabilities, and posts adequate approved signage directing users to that path.

ARTICLE 6. SUBCHAPTER 5.04, DIVISION 4 – ENFORCEMENT
The following sections are added to subchapter 5.04, Building and Construction, of the Colma Municipal Code as “Division 4 – Enforcement.”
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Division 4: Enforcement

5.04.240 Enforcement Responsibilities
(a) The Building Official of the Town of Colma, or his or her designee, shall enforce the provisions of this Code, acting for and on behalf of the Town of Colma. (b) Pursuant to Health and Safety Code Section 13146, the responsibility for the enforcement of Building Standards adopted by the State Fire Marshal and contained within these codes, relating to fire and panic safety and other regulations of the Office of the State Fire Marshal as they apply to Group R, Division 3 One and Two Family Dwellings, shall be delegated to the Building Official of the Town of Colma.

5.04.250 Violation and Penalties
(a) A willful violation of a lawful order of the Building Official issued pursuant to the Colma Building Codes is a misdemeanor, punishable as set forth in subchapter 1.05.010 of the Colma Municipal Code.
(b) A violation of any other provision of this subchapter is an infraction, punishable as set forth in subchapter 1.05 of the Colma Municipal Code, including paragr aph (c)(4) of section 1.05.020.
(c) A violation of this subchapter shall also be deemed to be a public nuisance under section

2.01.060 of the Colma Municipal Code, and may be abated pursuant to the procedures set forth in subchapter 2.01 of the Code. The costs of abatement shall become a lien upon the property involved. Notwithstanding any other provision in subchapter 2.01, the authority granted the Code Enforcement Officer, in subchapter 2.01 may also be exercised by a Colma Building Official , or his or her designee . Specifically, but without limitation, the Colma Enforcement Officer or the Colma Building Official may issue Administrative Citations in accordance with the procedures set forth in subchapter 2.01 of the Colma Municipal Code.

ARTICLE 6. FILING OF ORDINANCE
The City Clerk is hereby directed to file a copy of this Ordinance with the California Building Standards Commission of the State of California.

ARTICLE 7. LIABILITY
The provisions of the Colma Building Codes shall not be construed as imposing upon the Town of Colma any liability or responsibility for damage to persons or property resulting from defective work, nor shall the Town of Colma, or any official, employee or agent thereof, be held as assuming 25977.00100\44438440.1
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any such liability or responsibility by reason of the review or inspection authorized by the provisions of the Colma Building Codes of any permits or certificates issued under the Codes.

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

ARTICLE 9. CEQA COMPLIANCE
Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (“CEQA”) Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to the CEQA. Additionally, pursuant to Section 15060(c)(3), the activity is not a “project” as defined in Section 15378 because it has no potential for resulting in physical change to the envir onment, directly or indirectly. The City Planner is directed to file a notice of exemption within five (5) days of the adoption of this ordinance.

ARTICLE 10. PUBLICATION
This ordinance including the vote for and against the same shall be posted in the office of the City Clerk and on the three (3) official bulletin boards of the Town of Colma within fifteen (15) days of its passage and shall take force and effect thirty (30) days after its passage.

ARTICLE 11. EFFECTIVE DATE
This Ordinance and all codes referenced shall take effect the later of thirty (30) days following its adoption by the City Council or January 1, 2026. Projects for which a building permit application and building plans have been submitted prior to the effective date of this Ordinance, and for which building permits have been obtained within 365 days from the effective date of this Ordinance, shall be exempt from the provisions of this Ordinance. Projects for which a building permit application and building plans have been submitted prior to the effective date of this Ordinance, and building permits have not been obtained within 365 days from the effective date of this Ordinance, shall be subject to all provisions of this Ordinance and the codes referenced.

Certification of Adoption
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Ord ______ 2025 Colma Building Code Page 28 of 28

I certify that the foregoing Ordinance No. ____ was duly introduced at a regular meeting of the City Council of the Town of Colma held on, and adopted at a regular meeting of the City Council of the Town of Colma held on, by the following vote:

Name Vo
ting Present, Not Voting Absent
Aye No A bstain Not Participating
Carrie Slaughter, Mayor
Joanne F. del Rosario
Helen Fisicaro
Thamas Walsh
Ken Gonzalez
Voting Tally
Da
ted: ____________________ _____________________________________ Carrie Slaughter, Mayor
Att
est: ______________________________
Michelle Estabillo, City Clerk
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STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Amy Mullay, Senior Planner II
Farhad Mortazavi, City Planner
Lorraine Weiss, Principal Planner II
VIA: Dan Barros, City Manager
MEETING DATE: January 14, 2026
SUBJECT: Accessory Dwelling Unit Ordinance Amendments
RECOMMENDATION:

Staff recommends that the City Council introduce the following:

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF COLMA AMENDING SUBCHAPTER 5.03 (DEFINITIONS) AND SECTION IV. (ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS) OF THE COLMA ZONING CODE TO ALIGN LOCAL REGULATIONS WITH THE CALIFORNIA GOVERNMENT CODE, TITLE 7, DIVISION 1, CHAPTER 13, AS AMENDED BY LEGISLATION EFFECTIVE JANUARY 1, 2024; MARCH 27, 2024; JANUARY 1, 2025; AND JANUARY 1, 2026, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17

COUNCIL ADOPTED VALUES
T
he recommendation to introduce an ordinance amending Section IV of the Colma Zoning Code is consistent with the following City Council core values outlined in the adopted value-based code of conduct:
• Fairness. The ordinance promotes fairness by ensuring all residents have fair access to housing.
• Honesty and Integrity. Updating the ordinance in line with state law demonstrates integrity in governance and builds public trust by ensuring local regulations are clear, enforceable, and consistent with broader housing policy goals. • Responsibility. Adopting the ordinance is a fiscally responsible decision. It protects the Town from potential legal challenges and ensures continued eligibility for state housing AGENDA ITEM #9
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grants and programs. It also supports long-term financial stability by encouraging sustainable housing growth and efficient use of public resources. • Vision. The ordinance embraces innovation and adaptability by incorporating forward- looking housing solutions, such as expanded ADU allowances and streamlined permitting. These changes position the Town to meet future housing demands and regional planning objectives.
• Respect. The ordinance respects the diverse needs of Colma’s residents by supporting flexible housing options and fostering an inclusive community.

BACKGROUND
On December 14, 2022, the City Council adopted Urgency Ordinance No. 813, which amended Chapter 5, Subchapter 5.19, of the Colma Municipal Code to establish new restrictions on local regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

This update was made in accordance with Government Code sections 65852.2 and 65852.22 (since renumbered to Government Code sections 66310-66342), as amended by legislation effective January 1, 2023. Since then, the California Legislature has approved, and the Governor has signed into law, several bills that amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. These bills became effective on January 1, 2024, March 27, 2024, January 1, 2025, and January 1, 2026.

On February 24, 2024, the City Council adopted Ordinance No. 819 to amend and update the Town’s planning, zoning, and land use regulations codified in Subchapters 5.03, 5.05, 5.06,

5.12, 5.15, 5.19, and 5.20 of Chapter 5 (Planning, Zoning, Use & Development of Land & Improvements) of the Colma Municipal Code, ensuring compatibility with the Town’s General Plan (General Plan 2040), adopted on March 23, 2022, and the Town’s Housing Element Update, adopted on January 10, 2024. As part of the Town’s effort to align its zoning regulations with these documents, six existing Subchapters of the Colma Municipal Code were reorganized and formally incorporated into the updated Zoning Code, including Section IV.

Accessory Dwelling Units (ADUs) (formerly Subchapter 5.19).

ANALYSIS

Detailed Description of the Project/Proposal/Ordinance
The proposed amendments to the Town’s ADU Ordinance and Subchapter 5.03 (Definitions) of the Zoning Code aim to align with recent legislative updates outlined below. They also strive to support the objectives of the Housing Element by reducing barriers to housing development, improving the document’s structure, and making it more user-friendly compared to the current version by replacing the ordinance entirely. The revised ADU Ordinance and Subchapter 5.03 (Definitions) are included in Attachments A and B.

The Council’s review and introduction of the amendments to Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to align local regulations with the California Government Code, Title 7, Division 1, Chapter 13, as amended by legislation effective January 1, 2024; March 27, 2024; January 1, 2025; and 25977.00110\44498852.1

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January 1, 2026 will be followed by the second reading and adoption at a future date, and would become effective 30 days later.

Summary of Amendments to State ADU Law (Effective January 1, 2024)

These amendments under AB 976, AB 1033, AB 1332, and AB 434 include removing owner- occupancy requirements, authorizing separate sale and conveyance of ADUs, expediting the approval process, and expanding enforcement powers. Below is a summary of the key points from these updates to State ADU Law.

Main Provisions

• AB 976 – Owner Occupancy: Removes the existing 2025 sunset of the prohibition on owner-occupancy requirements and instead mandates no owner-occupancy requirement for ADUs (Gov. Code, § 66315).

• AB 1033 – Sale and Separate Conveyance: Authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums (Gov. Code, § 66342).

• AB 1332 – Pre-Approved ADU Plans: Requires local agencies to develop a program for preapproval of ADU plans by January 1, 2025. Plans must be accepted from any party and posted online, including those approved by other local or state agencies (Gov.

Code, § 65852.27).

• AB 434 – Enforcement Authority: Expanded HCD's authority to notify jurisdictions or the Attorney General about non-compliance with various ADU-related laws, including Chapter 13 and sections 65852.21, 65852.24, 65852.28, 65913.4.5, and 66411.7.

Summary of Amendments to State ADU Law (Effective Dates: March 27, 2024, and January 1, 2025)

These amendments under SB 477, AB 2533, and SB 1211 include renumbering relevant Government Code sections, updates to permit requirements for unpermitted ADUs, clarifications on objective development standards, definitions of livable space, parking requirements, and allowances for detached ADUs on multifamily lots. Below is a summary of the key points from these updates to State ADU Law.

Main Provisions

• SB 477 – Updated Government Code Sections: Relocated the numerous Government Code sections related to ADU and JADU law. Government Code sections 65852.2, 65852.22, 65852.23, and 65852.26 were relocated to the new Chapter 13 to Division 1 of Title 7 of the Government Code (sections 66310-66342).

• AB 2533 – Unpermitted ADUs and JADUs: Changed the cutoff date from January 1, 2018, to January 1, 2020, such that a local agency is precluded from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2020, if the 25977.00110\44498852.1

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denial is based on the ADU not complying with building standards or State or local ADU Law. It also expands the applicability to include JADUs, and requires local agencies to inform the public about these provisions through public information resources, including permit checklists and the local agency’s website.

• SB 1211 – Objective Standards: Prohibits local agencies from imposing unauthorized objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a).

• SB 1211 – Livable Space: converted ADUs in a multifamily dwelling that qualify as 66323 units are limited to portions of the existing multifamily dwelling that are not used as livable space. This bill defines “livable space” as a space in a dwelling intended for human habitation, referenced in Government Code sections 66313(e) and 66323(a)(3)(A).

• SB 1211 – Uncovered Parking: Specifies that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced.

• SB 1211 – Detached ADUs: Permits up to eight detached ADUs on a lot with an existing multifamily dwelling, or the number of existing units, whichever is less.

Summary of Amendments to State ADU Law (Effective January 1, 2026)

These amendments under AB 1154, SB 9, AB 462, and SB 543 include narrowing owner- occupancy requirements for JADUs, prohibiting JADUs from being used as short-term rentals, expanding state oversight and enforcement of local ADU/JADU ordinances, adding impact fee exemptions, codifying HCD guidelines, and streamlining permitting processes. Below is a summary of the key points from these updates to State ADU Law.

Main Provisions

• AB 1154 – JADU Owner-Occupancy: Limits the requirement for owner-occupancy for a JADU only if the JADU shares sanitation facilities (e.g., bathroom) with the primary residence.

• AB 1154 – No Short-Term Rentals: Prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days).

• SB 9/SB 543 – ADU/JADU Ordinance Enforcement: Creates a penalty by rendering null and void any local ordinance that is not submitted to the California Department of Housing and Community Development (HCD) within 60 days of adoption.

Additionally, a local ADU/JADU ordinance is rendered null and void if HCD issues findings that it does not comply with state law and the local agency fails to respond within 30 days.

• SB 543 – ADU and JADU Size: Amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.”

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• SB 543 – Impact Fees: Clarifies that development impact fees may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space. Exempts an ADU or JADU with less than 500 square feet of interior livable space from school impact fees.

• SB 543 – Quantity of ADUs Created under Government Code Section 66323:

Codifies the categories of ADUs and JADUs allowed under Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). A lot with a single-family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

• SB 543 – ADU Permitting Process: Requires local agencies to: 1) determine whether an ADU application is complete within 15 business days of submittal; 2) if incomplete, provide a list of missing items and instructions within the same 15-day period; 3) review a resubmitted application for completeness within 15 business days and provide the applicant with a written appeal process for any incompleteness determination or denial; and 4) issue a final written decision on the appeal within 60 business days of receiving it.
• AB 462 – Disaster-Affected Areas: Historically, state law prohibited a local agency from issuing a certificate of occupancy for an ADU before one is issued for the primary dwelling. Now, local agencies must issue a certificate of occupancy for a detached ADU when: (1) the Governor has declared a state of emergency for the county; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections.

Proposed ADU HCD Prohousing Designation Policies
Housing Element Program 5.4 requires the Town to pursue a Prohousing Designation through the State Department of Housing and Community Development (HCD). This designation enhances the Town’s eligibility for funding opportunities that support extremely low-income housing development.

The Prohousing Designation Program recognizes jurisdictions that adopt policies to remove barriers to housing development. Designated communities gain access to 1) Prohousing Incentive Program grants and 2) additional points in competitive scoring for housing, community development, and infrastructure funding programs administered by HCD. To qualify for the designation, applicants must achieve a minimum score of 30 points across the following four housing policy categories:

1. Favorable Zoning and Land Use

2. Acceleration of Housing Production Timeframes

3. Reduction of Construction and Development Costs

4. Providing Financial Subsidies
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Additionally, applicants must demonstrate at least one enacted or proposed policy in each category. To meet the application criteria, the Town must show a commitment to implementing proactive policy changes and offering incentives to remove barriers to ADU development. The following policies, and amendments to the ordinance by housing policy category include:

1. Favorable Zoning and Land Use
Height Limits:
• Detached ADUs: Increase from 16 feet to 18 feet.
• On multi-family lots: Increase from 18 feet to 20 feet.

Parking:
• Eliminate all parking requirements for ADUs under Govt. Code § 66322.

2. Acceleration of Housing Production Timeframes
• Reduce ADU/JADU permit processing time from 60 to 45 days.

3. Providing Financial Subsidies
A 50 percent reduction in plan check and inspection fees for:
• ADUs using pre-approved site-built or prefabricated plans with all-electric and/or solar- ready features.
• ADUs deed-restricted for a minimum of 20 years to be rented at rates affordable to very-low, low, or moderate-income households, based on the San Mateo County Area Median Income (AMI), or rented at or below the HUD-defined 30% of gross income affordability thresholds.

Reasons For the Recommended Action/Findings
The recommended action to introduce an ordinance amending Subchapter 5.03 and Section IV of the Colma Zoning Code—specifically to align with the California Government Code, Title 7, Division 1, Chapter 13, as amended by legislation effective January 1, 2024, March 27, 2024, January 1, 2025, and January 1, 2026—is both necessary and beneficial for legal compliance with state law. Failing to align local ordinances with these laws could expose the Town to legal challenges or state enforcement actions. Moreover, the ordinance supports the Town’s broader housing strategy, helps meet Regional Housing Needs Allocation (RHNA) goals, streamlines the permitting process, sets clear ADU/JADU development standards, and increases transparency for applicants.

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Sustainability Impact
The recommended actions outlined above align with the Town’s sustainability goals in the following ways:
• Efficient Land Use. ADUs enable higher housing density without expanding the urban footprint. By allowing more residents to live within existing neighborhoods, the Town can reduce sprawl, preserve open space, and make better use of current infrastructure. • Reduced Carbon Footprint. Smaller living spaces generally use less energy for heating, cooling, and lighting. ADUs also promote walkability and closeness to public transit, decreasing reliance on cars and lowering greenhouse gas emissions. • Resource Efficiency. Constructing ADUs typically uses fewer materials and less energy compared to building new single-family homes. The Town promotes sustainable building practices in ADU construction, such as energy-efficient appliances and water-saving fixtures. Additionally, the Town’s ADU Plans Gallery provides pre-approved low-cost or free plans with all-electric, net-zero, and solar-ready features.

Colma City CouncilJanuary 14, 2026

Colma City Council
January 14, 2026