Hollister City Council
March 7, 2022

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Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.
1) General Provisions -Information Technology (GSPD-401IT), effective 9/5/2014 .

The twelve (12) page document can be viewed at:
http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401 IT14 0905.pdf.

Exception : Article 11 of the General Provisions -Information Technology, is superseded by Section 4 (Order of Precedence) below.
2) Cloud Computing Special Provisions for Software as a Service (SaaS), effective 9/3/14 . The five (5) page document can be viewed at:
http://www.documents.dgs.ca .gov/pd/poliproc/CLOUDCOMPUTINGSERVICESSPE CIALPROVISIONS 14 0903.docx

4. ORDER OF PRECEDENCE
In the event of any inconsistency between the articles , attachments , or provisions which constitute this agreement, the following descending order of precedence shall apply:

A. California Participating Addendum Number 7-17-70-40-05 8 . Utah NASPO ValuePoint Master Agreement Number AR2472 C . Utah Solicitation CH16012 including all Addendums
D. Contractor's response to Utah 's Solicitation

5. AVAILABLE SERVICES
The following service offering from the Utah NASPO ValuePoint Master Agreement Number AR2472 are allowed under this Participating Addendum:

Software as a Service (SaaS)

6. RESTRICTIONS/DISALLOWED SERVICES -These restrictions are not applicable to political subdivisions/local governments .

A. The following service offerings are prohibited under this Participating Addendum :

1. Infrastructure as a Service (laaS)
2 . Platform as a Service (PaaS)
3 . Value Added Services , including Additional Value Added Services such as Maintenance Services ; Deployment Services ; Consulting/Advisory Services ; Architectural Des ign Services ; Statement of Work Services; Partner Services , and Training Deployment Services
8 . Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State Departments without an exemption . Prior to issuing a purchase order, State Departments a re responsible for obtaining an exemption from DGS , and/or California Department of Technology (CDT).

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7. PRICING
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. Contractor shall submit a Price Schedule identifying all services offered under this Participating Addendum for the State's approval.

B. The Price Schedule shall include the following :
1) Service Category (SaaS) Description
2) List Price
3) Discount off List Price
4) Contract Price
C. Contractor shall obtain prior approval from Utah NASPO ValuePoint Contract Administrator, and submit a written notice of price increases/decreases and a revised Price List for the State's approval.

D . State-approved Price List will be posted on the State's Cal eProcure website.

8. SERVICE ADDITIONS/DELETIONS
A. Contractor may add or delete services introduced or removed from the market by the manufacturer under the following conditions:
1) Service is within existing awarded categories under the NASPO ValuePoint Master Price Agreement;
2) Contractor has obtained prior approval from the Utah NASPO ValuePoint Contract Administrator; and
3) Contractor receives written approval from the California State Contract Administrator.

B . Contractor shall subm it a written notice of service (s) additions/deletions and a revised Price Schedule for the State's approval.

9. FULFILLMENT PARTNERS/AUTHORIZED RESELLERS
Authorized Resellers are available for this Participating Addendum :

ISSUE PURCHASE ORDER TO
Orders may be placed with Carahsoft Technology Corp. or with an Authorized Reseller as indicated below:

Orders placed with Carahsoft Technology Corp.

SUBMIT ORDERS TO:

Carahsoft Technology Corp.
1860 Michael Faraday Drive , Suite 100
Contact:

Phone:

Fax No.:

E-mail:

Karina Woods
703/871-8500
703/871-8505
[email protected]

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Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

Orders placed with an Authorized Reseller must be addressed as shown below, and payment must be made payable to the Authorized Reseller identified on the invoice as shown below:

SUBMIT ORDERS T O:

Carahsoft Technology Corp .
c/o DynTek Services , Inc.
4440 Von Karman, Suite 200 , Newport Beach, CA 92660
Contact:

Phone:

Fax No .:

E-mail :

Kelsea Pratt-Acosta
949/271 -6780
949/271-6794
CAsales@dyntek .com
SUBMI T ORDERS TO:

Carahsoft Technology Corp.
c/o NWN Solutions Corporation
2969 Prospect Park Drive, Suite 225 , Rancho Cordova , CA 95670 Contact:

Phone:

Fax No .:

E-mail :

Team Meade
916/637-2160
916/596-4800
[email protected]
SUBMIT ORDERS TO:

Carahsoft Technology Corp .
c/o Taborda Solutions, Inc .
9580 Oak Ave Pkwy , Suite 7-180 , Folsom , CA 95630
Contact:

Phone:

Fax No.:

E-mail :

Bear Williams
916/717-8711
916/200-0353
bear.williams@tabordasolutions .com
For invoicing purposes, each State Accounting office must have a copy of the reseller's Payee Data Record (Std . 204) in order to process payment of the invoice. Agencies should forward a copy of the Std. 204 to their respective accounting office . Without the Std. 204 , payment may be unnecessarily delayed .

AUTHORIZED RESELLERS ARE RESPONSIBLE FOR SENDING A COPY OF ALL PURCHASE ORDERS TO CARAHSOFT TECHNOLOGY CORP. FOR COOPERATIVE AGREEMENTS (NASPO VALUEPOINT) QUARTERLY REPORTING REQUIREMENTS.

When issuing an order to an authorized reseller listed on Cooperative Agreements , it is the agency's responsibility to ensure that the reseller holds a valid California Seller's Permit.

NOTE : Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and condit ions under this Participating Addendum , even if work is performed by Servicing Subcontractors. All State policies , guidelines , and requirements shall apply to Authorized Resellers .

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10. ORDERING AGENCY RESPONSIBILITIES
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. State department and political subdivision/local government use of th is Participating Addendum is optional.

B. State departments and political subdivision/local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator , to execute orders against this Participating Addendum .

11. INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net forty-five (45) days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the Ordering Agency's purchase order.

The State Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the State of California credit card (CAL-Card) for payment of invoices .

12. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity .

B. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at [email protected] .gov .

C . Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.

D. Tax must not be included in the report , even if it is on the purchase order.

E. Reports are due for each quarter as follows:

Reporting Period Due Date
JUL 1 to SEP 30 OCT31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR 31 APR30
APR 1 to JUN 30 JUL 31
F . Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.

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Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

G. Amendments for term extensions may be approved only if all due reports have been submitted to the State .

13. ADMINISTRATIVE FEE
A Contractor shall submit a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to one percent (0 .01) of the sales for the quarterly period.

B. Contractor must include the Participating Addendum Number on the check . Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

C. Administrative fee checks shall be submitted to:

State of California
Department of General Services , Procurement Division
Attention: Cooperative Agreement Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's NASPO ' ValuePoint Master Agreement pricing.

E. The administrative fee shall not be invoiced or charged to the ordering agency.

F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.

G. Administrative fee checks are due for each quarter as follows:

JUL 1 to SEP 30 OCT31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR 31 APR 30
APR 1 to JUN 30 JUL 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.

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14. CONTRACT MANAGEMENT
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows :

Contractor:

Name :

Phone:

Fax:

E-Mail :

Address:

Carahsoft Technology Corp .

Jack Dixon
703-230-7545
703-871-8505
[email protected]
1860 Michael Faraday Drive, Ste 100
Reston, VA 20190
B. The State Contract Administrator for this Participating Addendum shall be as follows:

Name :

Phone :

Fax:

E-Mail:

Address:

Yolanda Tutt
916.375.4408
916.375.4663
yo landa .tutt@dgs .ca.gov
State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.

15. Termination of Agreement
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party . This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

16. Amendment
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required . No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

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17. Agreement
Participating Addendum No. 7-17-70-40-05
Carahsoft Technology Corp.

A . This Participating Addendum and the Master Agreement together with its exhibits and/or amendments , set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments , shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise , and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms .

B. By signing below Contractor agrees to offer the same services as on the Utah NASPO ValuePoint Master Agreement Number AR2472, at prices equal to or lower than the prices on that contract.

C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services
Date Signed
I Ricardo Martinez , Acting Deputy Director
Printed Name and Title of Authorized Signer
707 Third Street
West Sacramento, CA 95605
Address

CONTRACTOR
Carahsoft Technology Corp.

Contractor Name
~1Q_ August 9, 2017
Signature of Autho~er Date Signed
Ellen Lord, Contracts Manager
Printed Name and Title of Authorized Signer
1860 Michael Faraday Drive , Suite 100
Reston, VA 20190
Address

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2 8
8 Participating Addendum No .

Attachment A
Shfft 1 of 1
Contract Number:

Contractor:

Reporting Period:

Report Value:

Administrative Fee:

D

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/22/2022
ACNB Insurance Services Inc.
2526 W Liberty Road
Westminster MD 21157
Jordyn Hutchins
410-875-5617 x5812 410-875-5340
[email protected]
Hartford Casualty Insurance Co
CARATEC-01 Sentinel Insurance Company Ltd 11000Carahsoft Technology Corp 11493 Sunset Hills Rd Ste 100
Reston VA 20190
570082835
A X 1,000,000
X 300,000
10,000
1,000,000
2,000,000
Y 30SBABU9482 4/19/2021 4/19/2022
2,000,000
B 1,000,000
X
X X
X Comp $100 X Coll $500
30UECAT1510 4/19/2021 4/19/2022
A X X 5,000,00030SBABU94824/19/2021 4/19/2022
5,000,000
X 10,000
The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract.

City of Hollister
339 Fifth Street
Hollister CA 95023
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Form SS 00 08 04 05

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1.Bankruptcy 15

2.Duties In The Event Of Occurrence, Offense, Claim Or Suit 15

3.Financial Responsibility Laws 16

4.Legal Action Against Us 16

5.Separation Of Insureds 16

6.Representations 16

7.Other Insurance 16

8.Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
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Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement
a.We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.

We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1)The amount we will pay for damages is
limited as described in Section D.-
Liability And Medical Expenses Limits
Of Insurance; and
(2)Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b.This insurance applies:
(1)To "bodily injury" and "property
damage" only if:
(a)The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b)The "bodily injury" or "property
damage" occurs during the policy
period; and
(c)Prior to the policy period, no insured
listed under Paragraph 1.of Section
C.– Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2)To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c."Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1.of Section
C.– Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1)Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
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BUSINESS LIABILITY COVERAGE FORM

(2)Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3)Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d.Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1)"Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a)The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b)You are not engaged in the
business or occupation of providing
such services.
(2)For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
Insuring Agreement
a.We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1)On premises you own or rent;
(2)On ways next to premises you own or
rent; or
(3)Because of your operations;
provided that:
(1)The accident takes place in the
"coverage territory" and during the
policy period;
(2)The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3)The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b.We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1)First aid administered at the time of an
accident;
(2)Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3)Necessary ambulance, hospital,
professional nursing and funeral
services.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
a.We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1)All expenses we incur.
(2)Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3)The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4)All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.
(5)All costs taxed against the insured in
the "suit".
(6)Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
(7)All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.

Any amounts paid under (1)through (7)
above will not reduce the limits of insurance.

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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 3 of 24
b.If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
(1)The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2)This insurance applies to such liability
assumed by the insured;
(3)The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4)The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
(5)The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6)The indemnitee:
(a)Agrees in writing to:
(i)Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii)Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii)Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv)Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b)Provides us with written
authorization to:
(i)Obtain records and other
information related to the
"suit"; and
(ii)Conduct and control the
defense of the indemnitee in
such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of
Paragraph 1.b.(b)of Section B.–
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.

Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1)We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2)The conditions set forth above, or the
terms of the agreement described in
Paragraph (6)above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1)"Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2)"Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1)"Bodily injury" or "property damage"; or
(2)"Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to liability
for damages because of:
(a)"Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
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BUSINESS LIABILITY COVERAGE FORM

(b)"Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i)Liability to such party for, or for
the cost of, that party’s defense
has also been assumed in the
same "insured contract", and
(ii)Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1)Causing or contributing to the
intoxication of any person;
(2)The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3)Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.

This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer’s Liability
"Bodily injury" to:
(1)An "employee" of the insured arising
out of and in the course of:
(a)Employment by the insured; or
(b)Performing duties related to the
conduct of the insured’s business, or
(2)The spouse, child, parent, brother or
sister of that "employee" as a
consequence of
(1)above.

This exclusion applies:
(1)Whether the insured may be liable as
an employer or in any other capacity;
and
(2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1)"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a)At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.

However, this subparagraph does
not apply to:
(i)"Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii)"Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
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BUSINESS LIABILITY COVERAGE FORM
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(iii)"Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b)At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
(c)Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i)Any insured; or
(ii)Any person or organization for
whom you may be legally
responsible;
(d)At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i)"Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii)"Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii)"Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e)At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2)Any loss, cost or expense arising out
of any:
(a)Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b)Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".

However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.

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BUSINESS LIABILITY COVERAGE FORM

g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.

This exclusion does not apply to:
(1)A watercraft while ashore on premises
you own or rent;
(2)A watercraft you do not own that is:
(a)Less than 51 feet long; and
(b)Not being used to carry persons
for a charge;
(3)Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4)Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5)"Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3)of the definition of "mobile
equipment"; or
(6)An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1)The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2)The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1)War, including undeclared or civil war;
(2)Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3)Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1)Legal, accounting or advertising
services;
(2)Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3)Supervisory, inspection, architectural
or engineering activities;
(4)Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5)Any health or therapeutic service
treatment, advice or instruction;
(6)Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7)Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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(8)Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9)Any:
(a)Body piercing (not including ear
piercing);
(b)Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c)Similar services;
(10)Services in the practice of pharmacy;
and
(11)Computer consulting, design or
programming services, including web
site design.

Paragraphs (4)and (5)of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e.in Section A.- Coverages.
k. Damage To Property
"Property damage" to:
(1)Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2)Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3)Property loaned to you;
(4)Personal property in the care, custody
or control of the insured;
(5)That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6)That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.

Paragraphs (1),(3)and (4)of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D.- Limits Of Insurance.

Paragraph (2)of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.

Paragraphs (3)and (4)of this exclusion do
not apply to the use of elevators.

Paragraphs (3),(4),(5)and (6)of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3)and (4)of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.

Paragraph (6)of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".
l. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1)A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2)A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.

This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.

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BUSINESS LIABILITY COVERAGE FORM

o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1)"Your product";
(2)"Your work"; or
(3)"Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1)Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2)Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3)Arising out of a criminal act committed
by or at the direction of the insured;
(4)Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea" in your
"advertisement";
(5)Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6)Arising out of the wrong description of
the price of goods, products or services;
(7)Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a)Copyright;
(b)Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c)Title of any literary or artistic work;
(8)Arising out of an offense committed by
an insured whose business is:
(a)Advertising, broadcasting,
publishing or telecasting;
(b)Designing or determining content
of web sites for others; or
(c)An Internet search, access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a.,b.and c.
under the definition of "personal and
advertising injury" in Section G.–
Liability And Medical Expenses
Definitions.

For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
(9)Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10)Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11)Arising out of the violation of a
person's right of privacy created by
any state or federal act.

However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12)Arising out of:
(a)An "advertisement" for others on
your web site;
(b)Placing a link to a web site of
others on your web site;
(c)Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d)Computer code, software or
programming used to enable:
(i)Your web site; or
(ii)The presentation or functionality
of an "advertisement" or other
content on your web site;
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BUSINESS LIABILITY COVERAGE FORM
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(13)Arising out of a violation of any anti-
trust law;
(14)Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15)Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment-Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1)A person arising out of any:
(a)Refusal to employ that person;
(b)Termination of that person's
employment; or
(c)Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2)The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a),(b), or (c)
above is directed.

This exclusion applies:
(1)Whether the insured may be liable as
an employer or in any other capacity;
and
(2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1)"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2)Any damages, judgments, settlements,
loss, costs or expenses that:
(a)May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b)Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c)Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E-
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1)The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2)The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
(3)Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.

Damage To Premises Rented To You –
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c.through h.and k.through o.do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D.- Liability And Medical Expenses
Limits Of Insurance.

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BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under BusinessLiability Coverage.

C. WHO IS AN INSURED

1.If you are designated in the Declarations as:
a.An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b.A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c.A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d.An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.

Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e.A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2.Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1)"Bodily injury" or "personal and
advertising injury":
(a)To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b)To the spouse, child, parent,
brother or sister of that co-
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a)above;
(c)For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a)or
(b)above; or
(d)Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph (d)does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2)"Property damage" to property:
(a)Owned, occupied or used by,
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BUSINESS LIABILITY COVERAGE FORM
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(b)Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1)With respect to liability arising out of the
maintenance or use of that property; and
(2)Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a.Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b.Coverage under this provision does not
apply to:
(1)"Bodily injury" or "property damage"
that occurred; or
(2)"Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a."Bodily injury" to a co-"employee" of the
person driving the equipment; or
b."Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a."Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b."Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a.through f.below are additional
insureds when you have agreed, in a written
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BUSINESS LIABILITY COVERAGE FORM

contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.– Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1)The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a)"Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b)Any express warranty
unauthorized by you;
(c)Any physical or chemical change
in the product made intentionally
by the vendor;
(d)Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e)Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f)Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g)Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h)"Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i)The exceptions contained in
Subparagraphs (d)or (f); or
(ii)Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2)This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1)Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 13 of 24
(2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1)Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a)Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b)Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1)Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a)In connection with your premises;
or
(b)In the performance of your
ongoing operations performed by
you or on your behalf.
(2)With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a)The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b)Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1)Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a)"Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b)"Bodily injury" or "property damage"
included within the "products-
completed operations hazard".
f. Any Other Party
(1)Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a)In the performance of your
ongoing operations;
(b)In connection with your premises
owned by or rented to you; or
(c)In connection with "your work" and
included within the "products-
completed operations hazard", but
only if
(i)The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii)This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products-
completed operations hazard".
(2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

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BUSINESS LIABILITY COVERAGE FORM

(a)The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b)Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D.– Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.– Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a.Insureds;
b.Claims made or "suits" brought; or
c.Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a.Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b.Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a.or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b.above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a.The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b.The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1)How, when and where the "occurrence"
or offense took place;
(2)The names and addresses of any
injured persons and witnesses; and
(3)The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1)Immediately record the specifics of the
claim or "suit" and the date received;
and
(2)Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1)Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2)Authorize us to obtain records and
other information;
(3)Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4)Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a.and b.apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1)You or any additional insured that is
an individual;
(2)Any partner, if you or an additional
insured is a partnership;
(3)Any manager, if you or an additional
insured is a limited liability company;
(4)Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5)Any trustee, if you or an additional
insured is a trust; or
(6)Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

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BUSINESS LIABILITY COVERAGE FORM

This Paragraph f.applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a.When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b.With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a.To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b.To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a.As if each Named Insured were the only
Named Insured; and
b.Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1)The statements in the Declarations
are accurate and complete;
(2)Those statements are based upon
representations you made to us; and
(3)We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g.of
Section A.– Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k.of Section A.–
Coverages.

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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a)and (b)do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2)The total of all deductible and self-
insured amounts under all that other
insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

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BUSINESS LIABILITY COVERAGE FORM

F. OPTIONAL ADDITIONAL INSURED

COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.(Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a.In the performance of your ongoing
operations; or
b.In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a.WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1)Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2)Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased
Equipment
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b.With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1)Any "occurrence" that takes place
after you cease to lease that land; or
(2)Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision – Permits
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 19 of 24
Insured – State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1)"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2)"Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.

7. Additional Insured – Vendors
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
b.The insurance afforded to the vendor is
subject to the following additional exclusions:
(1)This insurance does not apply to:
(a)"Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b)Any express warranty
unauthorized by you;
(c)Any physical or chemical change
in the product made intentionally
by the vendor;
(d)Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e)Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f)Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g)Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h)"Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i)The exceptions contained in
Subparagraphs (d)or (f); or
(ii)Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2)This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured – Controlling Interest
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured –
Controlling Interest, but only with respect to
their liability arising out of:
a.Their financial control of you; or
b.Premises they own, maintain or control
while you lease or occupy these premises.

F.4.d
Packet Pg. 310

BUSINESS LIABILITY COVERAGE FORM

This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured – Owners, Lessees Or
Contractors – Scheduled Person Or
Organization
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1)In the performance of your ongoing
operations for the additional
insured(s); or
(2)In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
b.With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1)The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2)Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured – Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured – Co-
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.

The limits of insurance that apply to additional
insureds are described in Section D.– Limits Of
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1."Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1)Radio;
(2)Television;
(3)Billboard;
(4)Magazine;
(5)Newspaper;
b.The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c.Any other publication that is given
widespread public distribution.

However, "advertisement" does not include:
a.The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b.An interactive conversation between or
among persons through a computer network.

2."Advertising idea" means any idea for an
"advertisement".

3."Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4."Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".

5."Bodily injury" means physical:
a.Injury;
b.Sickness; or
c.Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6."Coverage territory" means:

F.4.d
Packet Pg. 311

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 21 of 24
a.The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b.International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a.above;
c.All other parts of the world if the injury or
damage arises out of:
(1)Goods or products made or sold by you
in the territory described in a.above;
(2)The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3)"Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.

7."Electronic data" means information, facts or
programs:
a.Stored as or on;
b.Created or used on; or
c.Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

8."Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

9."Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.

10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a.It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b.You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a.The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b.Your fulfilling the terms of the contract or
agreement.

12."Insured contract" means:
a. A contract for a lease of premises.

However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.– Liability and Medical Expenses Limits
of Insurance.
b.A sidetrack agreement;
c.Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d.Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e.An elevator maintenance agreement; or
f.That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.

Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f.includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.

However, Paragraph f.does not include
that part of any contract or agreement:

F.4.d
Packet Pg. 312

BUSINESS LIABILITY COVERAGE FORM

(1)That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a)Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
(b)Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
(2)Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1)above and supervisory,
inspection, architectural or
engineering activities.

13."Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".

14."Loading or unloading" means the handling of
property:
a.After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b.While it is in or on an aircraft, watercraft or
"auto"; or
c.While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a.Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b.Vehicles maintained for use solely on or
next to premises you own or rent;
c.Vehicles that travel on crawler treads;
d.Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1)Power cranes, shovels, loaders,
diggers or drills; or
(2)Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e.Vehicles not described in a.,b.,c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1)Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2)Cherry pickers and similar devices
used to raise or lower workers;
f.Vehicles not described in a.,b.,c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1)Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
(a)Snow removal;
(b)Road maintenance, but not
construction or resurfacing; or
(c)Street cleaning;
(2)Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3)Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.

16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17."Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a.False arrest, detention or imprisonment;
b.Malicious prosecution;
F.4.d
Packet Pg. 313

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 23 of 24
c.The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d.Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e.Oral, written or electronic publication of
material that violates a person's right of
privacy;
f.Copying, in your "advertisement", a
person’s or organization’s "advertising
idea" or style of "advertisement";
g.Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h.Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.

18."Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19."Products-completed operations hazard";
a.Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1)Products that are still in your physical
possession; or
(2)Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a)When all of the work called for in
your contract has been completed.
(b)When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c)When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.

Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.

The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b.Does not include "bodily injury" or
"property damage" arising out of:
(1)The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2)The existence of tools, uninstalled
equipment or abandoned or unused
materials.

20."Property damage" means:
a.Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b.Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.

As used in this definition, "electronic data" is
not tangible property.

21."Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a.An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b.Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.

22."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

23."Volunteer worker" means a person who:
a.Is not your "employee";
F.4.d
Packet Pg. 314

BUSINESS LIABILITY COVERAGE FORM

b.Donates his or her work;
c.Acts at the direction of and within the
scope of duties determined by you; and
d.Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.

24."Your product":
a.Means:
(1)Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a)You;
(b)Others trading under your name;
or
(c)A person or organization whose
business or assets you have
acquired; and
(2)Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b.Includes:
(1)Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2)The providing of or failure to provide
warnings or instructions.
c.Does not include vending machines or
other property rented to or located for the
use of others but not sold.

25. "Your work":
a.Means:
(1)Work or operations performed by you
or on your behalf; and
(2)Materials, parts or equipment
furnished in connection with such work
or operations.
b.Includes:
(1)Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2)The providing of or failure to provide
warnings or instructions.

F.4.d
Packet Pg. 315

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
02/22/2022
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
Automatic Data Processing Insurance Agency, Inc.
1-800-524-7024
Carahsoft Technology Corp
11493 Sunset Hills Rd Ste 100
Reston VA 201905230
Rated by Multiple Companies
2331841
A N Y 76WEGZJ6798 04/19/2021 04/19/2022 1,000,000
1,000,000
1,000,000
This certificate has a blanket Waiver of Subrogation for the following state(s) :NY,TX,CA,GA,MD,ME,MN,SC,OR,VA,FL City of Hollister
339 Fifth Street
Hollister CA 95023
F.4.e
Packet Pg. 316
~ I I
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I ACORD®
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I
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~
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~ ~
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~ H
I I

X I I I
□
I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/22/2022
Marsh & McLennan Agency LLC
5500 Cherokee Avenue, Suite 300
Alexandria VA 22312
800-274-0268
[email protected]
Lloyds Syndicate 2623/623 55555
CARAHTECHN Selective Insurance Company of America 12572Carahsoft Technology Corp.

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339 Fifth Street
Hollister CA 95023
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Aashish, Eric, Mark
[email protected]
[email protected]
[email protected]
THANK YOU!
© 2021 Accela, Inc. All rights reserved.

CITY OF HOLLISTER
F.4.g
Packet Pg. 327

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

SPONSOR(S): Perez

TITLE OF ITEM: RESOLUTION NO. 2022-31, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION OF $34,000 FOR THE HOLLISTER FIREWORKS SHOW ON JULY 4, 2022 AND APPROVING A LOCATION TO HOST THE EVENT.

BRIEF DESCRIPTION: This action appropriates $34,000 from the General Fund for the July 4, 2022 Fireworks Show and a kick off for the City of Hollister 150 year celebration.

In addition, staff recommends City Council approve a location for the event.

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution to approve the appropriation in the amount of $34,000 for the Fireworks Show on July 4, 2022. In addition, staff recommends City Council approve a location for the event.

DEPARTMENT SUMMARY: This year the City of Hollister celebrates 150 years. Staff would like to have a Firework Show as a kick off in celebration of the event by combining 4th of July and 150 years of existence. Staff recommends City Council approve a location for the event. The two locations to consider are the Hollister Municipal Airport or the softball field at Vista Park Hill. The community will be able to watch the show from their residence.

FINANCIAL IMPACT: Decrease of $34,000 in General Fund Balance, Increase of $34,000 in Recreation Operating Budget 101-8000-710015.

CEQA: N/A

ATTACHMENTS:

1. 4th of July-150 Years

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

F.5
Packet Pg. 328

RESOLUTION NO. 2022-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION OF $34,000 FOR THE HOLLISTER FIREWORKS SHOW ON JULY 4, 2022 AND APPROVING A LOCATION TO HOST THE EVENT.

WHEREAS, This year the City of Hollister celebrates 150 years. Staff would like to have a Firework Show as a kick off in celebration of the event by combining 4 th of July and 150 years of existence; and

WHEREAS, Staff recommends City Council approve a location for the event; and

WHEREAS, staff has determined that the event will require an appropriation of $34,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves an appropriation of $34,0 00 for the 4th of July Fireworks Show in celebration of the 4th of July and the City of Hollister 150 year celebration.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the follo wing vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

F.5
Packet Pg. 329

I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-31, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
F.5
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Recreation
Professional Services 101 8000 730000 34,000
Fund Balance 101 30010 34,000
Total 34,000 34,000

Explanation of Transaction:

Supplemental Appropriation for 4th of July 2022 Fireworks Show and City of Hollister’s 150 year celebration.

Prepared by Tina Garza Date 2-11-2022
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

F.5.a
Packet Pg. 331

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 23, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17

TITLE OF ITEM: RESOLUTION NO. 2022-32, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE BIDS RECEIVED,

APPROVE A SUPPLEMENT AL APPROPRIATION, AW ARD A CONTRACT IN THE AMOUNT OF $1,383,555.80 TO MCKIM CORPORATION AND AUTHORIZE THE

EXECUTION OF A CONTRACT AND CHANGE ORDER FOR THE ROAD
REHABILITATION PROGRAM 21/22 PROJECT, CIP C2101

BRIEF DESCRIPTION: This resolution will accept the bids opened on February 16, 2022, approve a supplemental appropriation and award a contract to McKim Corporation.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approving a supplemental appropriation, and awarding the contract to McKim Corporation for the Road Rehabilitation Program 21/22 Project, CIP C2101

DEPARTMENT SUMMARY:

On December 20, 2021, CIP C2101, also known as the “Road Rehabilitation Program 21/22 Project” was approved by the City Council and staff was authorized to call for sealed bids. On February 16th, 2022, nine (9) bids were received. The lowest bid was received from McKim Corporation of Gilroy, CA in the amount of $1,384,467.00. The other bids ranged from $1,397,177 to $1,717,708.00. The bid tabulation is attached. The Engineer’s estimate for this project was $1,794,000.00.

Staff is requesting the City Council do the following: Accept the bids received, award the contract to the lowest responsive bidder, and authorize the Mayor to execute the contract with McKim Corporation and authorize the City Manager to execute contract change orders not exceeding $208,000.00 if necessary for the timely completion of this project.

Staff found minor errors in the bid received from McKim. There were several line items that were incorrect in the item total. Their bid was for $1,384,467.00, but the total was actually only $1,383,555.80. Their bid remains the low bid.

The supplemental appropriation includes the contingency of $208,000.00 and the construction contract in the amount of $$1,383,555.80 for a total appropriation of $1,591,555.80.

FINANCIAL IMPACT: Expenditures of $1,591,555.80from fund 200

CEQA: N/A

F.6
Packet Pg. 332

ATTACHMENTS:

1. Budget Trasfer Appropriation Form-road rehab 21-22 award 03072022

2. Bid results_Road Rehab 21-22

3. McKim Construction Contract road rehab 21-22 c2101

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

F.6
Packet Pg. 333

RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

ACCEPT THE BIDS RECEIVED, APPROVE A SUPPLEMENTAL APPROPRIATION, AWARD A CONTRACT IN THE AMOUNT OF $1,383,555.80 TO MCKIM

CORPORATION AND AUTHORIZE THE EXECUTION OF A CONTRACT AND CHANGE ORDER FOR THE ROAD REHABILITATION PROGRAM 21/22 PROJECT, CIP C2101

WHEREAS, on December 20, 2021, the City Council authorized staff to solicit bids for the Road Rehabilitation Program 21/22 Project, CIP C2101; and

WHEREAS, on January 11, 2022, staff called for sealed bids; and

WHEREAS, on February 16, 2022, nine (9) bids were received; and

WHEREAS, the lowest bid was received from McKim Corporation; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids, awards a contract to McKim Corporation of Gilroy, CA for the bid amount of $1,383,555.80 and approves a supplemental appropriation in the amount of $1,591,555.80.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the Mayor to execute a contract with McKim Corporation and authorizes the City Manager to execute change orders in aggregate not exceeding an increase in the contract of more than $208,000.00.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

F.6
Packet Pg. 334

I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-32, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
F.6
Packet Pg. 335

APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)
Fiscal Year: 2021/2022

Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves 200 300101 1,591,556
Improvements 200 9000 750050 C2101 1,591,556

Explanation of Transaction:

Supplemental appropriation request to provide funding for the Road Rehabilitation Program 21/22 Project, CIP C2101.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

F.6.a
Packet Pg. 336

Item #Item Description QTY UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 00001 MOBILIZATION/DEMOBILIZATION 1 LS $41,000.00 $41,000.00 $53,556.20 $53,556.20 $30,000.00 $30,000.00 $36,000.00 $36,000.00 $30,600.00 $30,600.00 $84,000.00 $84,000.00 $22,400.00 $22,400.00 $20,000.00 $20,000.00 $26,000.00 $26,000.00 00002

TRAFFIC CONTROL AND CONSTRUCTION
AREA SIGNS 1 LS $79,000.00 $79,000.00 $45,000.00 $45,000.00 $35,000.00 $35,000.00 $93,000.00 $93,000.00 $51,000.00 $51,000.00 $50,000.00 $50,000.00 $25,500.00 $25,500.00 $18,000.00 $18,000.00 $30,000.00 $30,000.00 00003

PREPARE WATER POLLUTION CONTROL
PROGRAM 1 LS $6,000.00 $6,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,300.00 $3,300.00 $6,500.00 $6,500.00 $5,100.00 $5,100.00 $5,000.00 $5,000.00 $12,000.00 $12,000.00 00004 RESTORE PRIVATE PROPERTY 1 LS $4,500.00 $4,500.00 $12,500.00 $12,500.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $3,425.00 $3,425.00 $9,000.00 $9,000.00 $8,800.00 $8,800.00 $20,000.00 $20,000.00 $18,000.00 $18,000.00 00005

REMOVE CONCRETE CURB AND GUTTER,
VALLEY GUTTER, SIDEWALK)9700 SF $5.50 $53,350.00 $3.00 $29,100.00 $10.00 $97,000.00 $8.00 $77,600.00 $5.00 $48,500.00 $6.00 $58,200.00 $8.00 $77,600.00 $4.40 $42,680.00 $14.00 $135,800.00 00006 ROADWAY EXCAVATION (F)114 CY $91.00 $10,374.00 $109.00 $12,426.00 $120.00 $13,680.00 $50.00 $5,700.00 $100.00 $11,400.00 $209.00 $23,826.00 $166.00 $18,924.00 $176.00 $20,064.00 $165.00 $18,810.00 00007 LAYOUT CURB RAMP 22 EA $900.00 $19,800.00 $400.00 $8,800.00 $100.00 $2,200.00 $60.00 $1,320.00 $1,070.00 $23,540.00 $100.00 $2,200.00 $60.00 $1,320.00 $935.00 $20,570.00 $950.00 $20,900.00 00008
HOT MIX ASPHALT (TYPE A,1/2&QUOT;
MAX)4620 TN $135.75 $627,165.00 $130.00 $600,600.00 $153.00 $706,860.00 $138.00 $637,560.00 $159.00 $734,580.00 $166.00 $766,920.00 $187.00 $863,940.00 $187.00 $863,940.00 $170.00 $785,400.00 00009

MINOR CONCRETE (CURB AND GUTTER)
(CITY OF HOLLISTER DETAIL A-8-1)1000 LF $48.00 $48,000.00 $23.00 $23,000.00 $50.00 $50,000.00 $125.00 $125,000.00 $95.00 $95,000.00 $70.00 $70,000.00 $40.00 $40,000.00 $59.40 $59,400.00 $93.00 $93,000.00 00010 MINOR CONCRETE (4&QUOT; CURB)50 LF $44.00 $2,200.00 $75.00 $3,750.00 $23.00 $1,150.00 $30.00 $1,500.00 $35.00 $1,750.00 $35.00 $1,750.00 $30.00 $1,500.00 $19.80 $990.00 $50.00 $2,500.00 00011 MINOR CONCRETE (6&QUOT; CURB)380 LF $31.00 $11,780.00 $40.00 $15,200.00 $27.00 $10,260.00 $35.00 $13,300.00 $14.00 $5,320.00 $35.00 $13,300.00 $35.00 $13,300.00 $27.50 $10,450.00 $45.00 $17,100.00 00012

MINOR CONCRETE (SIDEWALK) (CITY OF
HOLLISTER DETAIL A-9-2)7210 SF $10.50 $75,705.00 $11.15 $80,391.50 $11.25 $81,112.50 $12.00 $86,520.00 $20.00 $144,200.00 $11.00 $79,310.00 $12.00 $86,520.00 $17.60 $126,896.00 $16.00 $115,360.00 00013

MINOR CONCRETE (VALLEY GUTTER) (CITY
OF HOLLISTER DETAIL A-8-1)370 SF $21.00 $7,770.00 $49.00 $18,130.00 $30.00 $11,100.00 $20.00 $7,400.00 $42.00 $15,540.00 $15.00 $5,550.00 $20.00 $7,400.00 $35.20 $13,024.00 $29.00 $10,730.00 00014 DETECTABLE WARNING SURFACE 390 SF $20.00 $7,800.00 $70.00 $27,300.00 $27.00 $10,530.00 $20.00 $7,800.00 $58.00 $22,620.00 $40.00 $15,600.00 $20.00 $7,800.00 $33.00 $12,870.00 $36.00 $14,040.00 00015 RELOCATE SIGN 3 EA $400.00 $1,200.00 $375.00 $1,125.00 $325.00 $975.00 $325.00 $975.00 $325.00 $975.00 $325.00 $975.00 $350.00 $1,050.00 $495.00 $1,485.00 $225.00 $675.00 00016 RESET SIGN 6 EA $200.00 $1,200.00 $175.00 $1,050.00 $150.00 $900.00 $150.00 $900.00 $150.00 $900.00 $150.00 $900.00 $300.00 $1,800.00 $495.00 $2,970.00 $225.00 $1,350.00 00017 RECONSTRUCT STORM DRAIN INLET TOP 3 EA $2,400.00 $7,200.00 $1,035.00 $3,105.00 $2,500.00 $7,500.00 $4,200.00 $12,600.00 $6,000.00 $18,000.00 $1,500.00 $4,500.00 $4,200.00 $12,600.00 $660.00 $1,980.00 $6,000.00 $18,000.00 00018 BASE FAILURE REPAIR (AC)4036 SF $9.00 $36,324.00 $7.35 $29,664.60 $9.25 $37,333.00 $12.00 $48,432.00 $6.40 $25,830.40 $11.00 $44,396.00 $12.00 $48,432.00 $7.50 $30,270.00 $7.50 $30,270.00 00019
COLD PLANE ASPHALT CONCRETE (0.29'
DEPTH)208580 SF $0.66 $137,662.80 $0.71 $148,091.80 $0.58 $120,976.40 $0.55 $114,719.00 $0.50 $104,290.00 $0.36 $75,088.80 $0.40 $83,432.00 $1.10 $229,438.00 $0.35 $73,003.00 00020 GEOSYNTHETIC FABRIC 23176 SY $6.45 $149,485.20 $10.15 $235,236.40 $7.00 $162,232.00 $6.50 $150,644.00 $6.64 $153,888.64 $9.60 $222,489.60 $9.00 $208,584.00 $5.00 $115,880.00 $7.50 $173,820.00 00021

UTILITY ADJUSTMENTS (PAVEMENT
REHABILITATION WORK)1 LS $50,000.00 $50,000.00 $41,550.00 $41,550.00 $35,000.00 $35,000.00 $39,500.00 $39,500.00 $39,500.00 $39,500.00 $53,000.00 $53,000.00 $56,500.00 $56,500.00 $17,000.00 $17,000.00 $116,000.00 $116,000.00 00022

THERMOPLASTIC PAVEMENT MARKING
(WHITE)220 SF $19.09 $4,199.80 $11.50 $2,530.00 $10.00 $2,200.00 $10.00 $2,200.00 $10.00 $2,200.00 $10.00 $2,200.00 $13.20 $2,904.00 $15.00 $3,300.00 $11.00 $2,420.00 00023 THERMOPLASTIC STRIPE (12' WHITE)230 LF $8.00 $1,840.00 $9.00 $2,070.00 $8.00 $1,840.00 $8.00 $1,840.00 $8.00 $1,840.00 $8.00 $1,840.00 $11.00 $2,530.00 $6.00 $1,380.00 $11.00 $2,530.00 Bid List $1,383,555.80 $1,397,176.50 $1,427,848.90 $1,499,510.00 $1,538,199.04 $1,591,545.40 $1,597,936.00 $1,637,587.00 $1,717,708.00 Total Bid $1,383,555.80 $1,397,176.50 $1,427,848.90 $1,499,510.00 $1,538,199.04 $1,591,545.40 $1,597,936.00 $1,637,587.00 $1,717,708.00 Road Rehabilitation Project 21/22, CIP No. C2101
Owner:City of Hollister
Bid Opening:2022-02-16
* marks an
allowance McKim Corporation Radius Earthwork Inc.O'Grady Paving Granite Rock Company - GRANITE CONSTRUCTION CO QA Contractors Precision Grade ASG Builders Monterey Peninsula 800 W El Camino Real 180 192 Healy Avenue
San Jose, CA 95138 Watsonville, CA 95076 Mountain View, CA 94041 marina, CA 93933 5225 Hellyer Avenue - Suite
US US
Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review

US US US US USUS
580 West Beach Street
Bid item list
Pacific Northwest Oil
Stockton, CA
$2,082,670.05
Sierra Traffic Marking
Roseville, CA
$694,223.35
ABSL Construction
Haward, CA
$84,961.79
JCC
Concord, CA
$48,989.50
Pacific Northwest Oil
Stockton, CA
$223,952.00
RH Concrete
San Jose, CA
$179,161.60
Sierra Traffic Marking
Roseville, CA
$699.85
ABSL Construction
Haward, CA
$81,387.39
JJR
San Mateo, CA
$255,584.95
Pale Horse
Dixon, CA
$154,207.68
Sierra Traffic Marking
Roseville, CA
$8,567.09
FBD Vanguard Construction,
Inc.
550 Greenville Road
Livermore, CA 94550
$254,916.70
Johnson Construction
Concord, CA
$44,985.30
Pale Horse
Dixon, CA
$149,951.00
Sierra Traffic Marking
Roseville, CA
$7,497.55
Listed Subs ABSL Construction
Haward, CA
$21,534.79
Johnson Construction
Concord, CA
$49,222.37
Pale Horse
Dixon, CA
$153,819.90
Pavement Coatings Co.

Sacramento, CA
$21,534.79
Sierra Traffic Marking
Roseville, CA
$7,691.00
Golden Bay Construction,
Inc.
3826 Depot Rd
Hayward, CA 94545
$324,993.57
Pacific Northwest Oil
Stockton, CA
$222,338.89
Sierra Traffic Marking
Roseville, CA
$7,798.57
FBD Vanguard Construction,
Inc.
550 Greenville Road
Livermore, CA 94550
$254,071.82
Pacific Northwest Oil
Stockton, CA
$207,731.68
Sierra Traffic Marking
Roseville, CA
$7,989.68
EF&S Concrete
San Martin, CA
$294,765.66
Quality Striping Inc.

San Mateo, CA
$16,375.87
Stanko & Sons Asphalt
Morgan Hill, CA
$491,276.10
Abel's Concrete
Prunedale, CA
$168,335.38
Chrisp Company
Fremont, CA
$10,306.25
Pale Horse
Dixon, CA
$152,876.01
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1 CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT, entered into on March 7, 2022 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and McKim Corporation ("Contractor"), is made with reference to the following:

R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted u nder the statutes of the State of California.

B. Contractor is a corporation duly organized and in good standing in the State of California License Number 976269. Contractor is a [general contractor with a class A contractor’s license], and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On January 14, 2022, City issued a Notice Inviting Bids to contractors for the Road Rehabilitation Program 21/22 Project. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non-Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); Insurance Requirements (Exhibit 11); and Additional Contract Requirements (if applicable) (Exhibit 12).

D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto.

In the event of a conflict between the General Conditions, and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.

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2 E. City and Contractor desire to enter into this Construction Contract for the Road Rehabilitation Project 21/22, CIP C2101, and other services, as identified in the in the Bid Documents upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals set forth above are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.

SECTION 2 THE PROJECT.

This project will repair multiple segments of roadway in the City of Hollister through cold planing and a fabric overlay along with isolated areas of base failure repair, and to reconstruct curb ramps within the limits of pavement reconstruction. The roadway segments part of this contract are listed below.

The proposed list of streets to receive a pavement overlay are:
 Gabilan Drive – east of Clearview Drive to west of Highland Drive  Diablo Drive - east of Clearview Drive to west of Highland Drive  Cembellin Drive - east of Clearview Drive to west of Highland Drive  Albright Drive - east of Clearview Drive to west of Highland Drive  Monticello –end to north of Terrace Drive
 Terrace Drive – east of Bella Vista Drive to west of Monticello Drive  Bella Vista Drive –south of Sunnyslope to north of Terrace Drive  Bella Vista Court – east of Bella Vista Drive to end
("Project").

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:

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3 (i) Notice Inviting Bids
(ii) Executed Construction Contract between City and Contractor. (iii) Instructions to Bidders
(iv) Statement of Work
(v) Items of Construction
(vi) Designation of Subcontractors
(vii) Non-Collusion Declaration
(viii) General Conditions
(ix) Special Provisions and Technical Specifications.
(x) Performance and Payment Bonds.
(xi) Insurance Forms.
(xii) Plans and Drawings.
(xiii) Reports listed in the Bidding Documents.
(xiv) Supplements, Attachments, and Exhibits attached to the above items. (xv) Modifications.
(xvi) Change Orders.
(xvii) Field Directives

SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.

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4 6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within eighty (80) working days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages. Liquidated damages accrue starting on the 1st day after the expiration of working days. Liquidated damages will be assessed using the Liquidated Damages table in the Section 8-1.10A of the Caltrans Standard Specifications, until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

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5 6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.

6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.5 Adjustments to Contract Time of Completion.

The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

6.6 Additional Compensation to Contractor.

The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.

Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation F.6.c
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6 provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:
(i) Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii) Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the total Contract Sum of One Million, Three Hundred Eighty Three Thousand, Five Hundred and Fifty Five Dollars and Eighty Cents ($1,383,555.80) (the “Contract Sum”).

7.2 Full Compensation.

The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, F.6.c
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7 employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub- subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v) Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Co ntractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 herein shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; and (ii) [blank]
SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that i t has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorne y. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.

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8 SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:

City of Hollister, Development Services Department Engineering Division 339 Fifth St.

Hollister, CA 95023
Attention: Renee Perales, CIP Manager
Re: Road Rehabilitation Program 21/22 Project, CIP C2101

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

City of Hollister, City Attorney Office
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9 375 Fifth St.

Hollister, CA 95023
Attention: Jason S. Epperson, City Attorney
Re: Road Rehabilitation Program 21/22 Project, CIP C2101 All such Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:

Santino Orozco, President
McKim Corporation
60 W $th Street
Gilroy, CA 95020
Re: Road Rehabilitation Program 21/22 Project, CIP C2101

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party ma y, by written notice only, add delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104- 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

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10 14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the General Conditions.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.

Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in the General Conditions.

14.4.2. Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by F.6.c
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11 registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity 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 City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those 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. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City 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.

14.4.4 Binding Arbitration.

If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:

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12 .1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5. .2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.

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13 .8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2).

Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

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14 City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:

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15 (i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to F.6.c
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16 an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph

6.6 of this Construction Contract.

.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

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17 16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

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18 17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take- offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specif ically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees F.6.c
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19 shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict betwe en the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.

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20 SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

This contract does not have special fund(s) involved requiring additional contract requirements, therefore this section does not apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
 Community Development Block Grant (CDBG)
 Housing and Urban Development (HUD)
 [Blank]
 Other: ___________________________

Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM- SB 854
In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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21 As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .

SECTION 31 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 32 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 33 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.

Exhibit 4 – Statement of Work.

Exhibit 5 – Items of Construction.

Exhibit 6 – Designation of Subcontractor.

Exhibit 7 – Non-Collusion Declaration.

Exhibit 8 – General Conditions.

Exhibit 9 – Special Provisions and/or Technical Specifications.

Exhibit 10 – Payment and Performance Bonds.

Exhibit 11 – Insurance Requirements.

Exhibit 12 – Additional Contract Requirements (if applicable).

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22 IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF HOLLISTER,
a municipal corporation

By: ____________________________
Ignacio Velazquez, Mayor

APPROVED AS TO FORM:

By: __________________________
Jason S. Epperson, City Attorney

ATTEST:

By: ____________________________
Christine Black, MMC, City Clerk

MCKIM CORPORATION

________________________________
By : Santino Orozco
Title: President

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EXHIBIT 1
Notice Inviting Sealed Bids
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NOTICE INVITING SEALED BIDS
for the
Road Rehabilitation Project 21/22, CIP C2101

The City Council of the City of Hollister invites sealed bids for the Road Rehabilitation Project 21/22, CIP No. C2101

The City of Hollister Road Rehabilitation Program 2021/2022 consists of repair to multiple segments of roadway in the City of Hollister through cold planing and a fabric overlay along with isolated areas of base failure repair, and to reconstruct curb ramps within the limits of pavement reconstruction. The roadway segments part of this contract are listed below.  Gabilan Drive – east of Clearview Drive to west of Highland Drive  Diablo Drive - east of Clearview Drive to west of Highland Drive  Cembellin Drive - east of Clearview Drive to west of Highland Drive  Albright Drive - east of Clearview Drive to west of Highland Drive  Monticello –end to north of Terrace Drive
 Terrace Drive – east of Bella Vista Drive to west of Monticello Drive  Bella Vista Drive –south of Sunnyslope to north of Terrace Drive  Bella Vista Court – east of Bella Vista Drive to end

All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.

The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.

Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.

Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

All proposals or bids shall be accompanied by cash, cashier’s or certified ch eck payable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the F.6.c
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bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before 3:00 pm February 16, 2022, said time being at least ten (10) days from the first publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening date.

A non-mandatory Pre-bid conference will be held at City Hall located at 375 Fifth Street, Hollister, CA on January 26, 2022 at 10:00 a.m. The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on February 10, 2022. Questions must be received prior to this time and date by e-mail at [email protected]. All questions received after this date and time will not be answered.

The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.

Due to Covid-19, seating is limited in the City Council Chambers. To attend the pre-bid or bid opening meeting by zoom, please use the links below.

Pre-bid Meeting
Time: Jan 26, 2022 10:00 AM Pacific Time (US and Canada)

Join Zoom Meeting
https://zoom.us/j/98737457645?pwd=S1ExZmxXa200bDhoUlVEK1BNTnJnUT09

Meeting ID: 987 3745 7645
Passcode: fa1H3x

Bid Opening
Time: Feb 16, 2022 03:00 PM Pacific Time (US and Canada)

Join Zoom Meeting
https://zoom.us/j/99844944248?pwd=am9UN1V1bXFLMXo0Q29acUljTlgwdz09

Meeting ID: 998 4494 4248
Passcode: F4Mx3e

Dated: January 6, 2022
Christine Black, MMC
City Clerk of the City of Hollister Published: 01/14/2022 and 01/21/2022 F.6.c
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EXHIBIT 2
Contractor’s Bid
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PROPOSAL TO CITY OF HOLLISTER
To the Honorable City of Hollister Council
The undersigned as bidder declares that he has caref ully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted , to contract with the C ity of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials (except those specifically mentioned to be furnished by the City), necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled: ROAD REHABILITATION PROJECT 21/22.

Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof. The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:

Item
No.
1 2
3 4
5 6
7 8
9 10
11 12
13 Road Rehabilitation Project 21/22, CIP C2101
Base Bid Schedule
Approx.

Item Description Qty. Units Unit Price Bid Amount
MOBILIZATION/DEMOBILIZATION 1 LS $ YI, ooo .oO $11\ ibOD-00 TRAFFIC CONTROL AND $ 1 4 ,0\J~• ·ao $ ""1f\,1)tt,~ CONSTRUCTION AREA SIGNS 1 LS PREPARE WATER POLLUTION $Gooo $(u000 CONTROL PROGRAM 1 LS RESTORE PRIVATE PROPERTY 1 LS
$ lf~OO $ '-l900

REMOVECONCRETE(CURBAND
GUTTER, VALLEY GUTTER, $ ;.50 $ 5 3>, 350 .

SIDEWALK) 9,700 SF
ROADWAY EXCAVATION (F) 114 CY $ q l $ 10, 37 '1
LAYOUT CURB RAMP 22 EA $ C,60 $ \ Of C 80()
HOT MIX ASPHALT (TYPE A , 1/2" MAX) 4,620 TON $ l35-75 $C,2.7, \00

MINOR CONCRETE (CURB AND
GUTTER) (CITY OF HOLLISTER $ Lf8 $ 48,O0()
DETAIL A-8-1) 1,000 LF
MINOR CONCRETE (4" CURB) 50 LF $ l.Jl{ $ -Z. 200
MINOR CONCRETE (6" CURB) 380 LF $ 3\ $ 11, 16(
MINOR CONCRETE (SIDEWALK) $ 10 . 'G6 $ ... (E, 70; (CITY OF HOLLISTER DETAIL A-9-2) 7,210 SF

MINOR CONCRETE (VALLEY
GUTTER) (CITY OF HOLLISTER $ 2\ $ 17 47~ DETAIL A-8-1) 370 SF

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Item Approx.

No. Item Description Qty, Units Unit Price
14 DETECTABLE WARNING SURFACE 390 SF $ 20
15 RELOCATE SIGN 3 EA $ 1.., 6 0
16 RESET SIGN 6 EA $ -z.oo
17 RECONSTRUCT STORM DRAIN INLET $ Zl{DO TOP 3 EA
18 BASE FAILURE REPAIR (AC) 4,036 SF $ 4
19 COLD PLANE ASPHALT CONCRETE $ o . &h (0.29' DEPTH) 208,580 SF 20 GEOSYNTHETIC FABRIC 23,176 SY $ 4-YS
21 UTILITY ADJUSTMENTS (PAVEMENT $ 56,(500 REHABILITATION WORK) 1 LS 22 THERMOPLASTIC PAVEMENT $ \'\.0'1 MARKING (WHITE) 220 SF 23 THERMOPLASTIC STRIPE (12" $ B WHITE) 230 LF
BASE BID TOTAL: This Base Bid Total is the amount to compare all bidders. Items 1 thru 23 inclusive of all work incidental thereto and connect therewith.

Bid Amount
$ 7800
$ \ 7-00
$ 1 z_oo
$ 1?..00
$ 3Co, ;2..4
$ l:s8,ljt{l
$ \ yq ~DO
I
$ 50, coo
$ L(, 2,06 . 06
$ \g4o . e0
BASE BID TOTAL: $ \) 3'6L\ 4(o 7-C()
BASE BID WRITTEN OUT j_ \ \l\vn .-t\'\ tex:, \'\C:\tect e_ \ \J--' ·-\-0\J.'r tUSC\.X'lc:1 ·-\'cUy \"\\.-''rd~ s ~ Se.>~c" ~o\\C\.YS ex f) •
The bid prices given are to be coffsidered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Care has been taken to include all construction as described in the Contract Documents as Bid Items.

For any structure, fitting, accessory, etc. that is not clearly included in a bid item, the Contractor shall include it as a part of the most appropriate bid item.
s (l\h~c Ofot-Co, ?r-ef't:dt,tt--
Name and Title of Bidder 1
fx\c~IM Ccvpavg hdh
Company

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All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.

The "Base Bid Total" number will be compared to determine basis of bid and lowest responsive bidder.

Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reserves the right to add all, some or no Add Alternates during award of the project.

The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.

Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received.

Addendum No. 1
Addendum No. 2
Addendum No. 3 ~ · 0
Addendum No.4 __ _
The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.

The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. It is agreed that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof.

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The names of all persons interested in the foregoing proposal as principals are as follows:

NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.

Bidder presently possesses the following license(s) {please state class and License number for each class)
will
Co;r;'_hl)'R # --~----------------Signature of Bidder
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation: If bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an individual, his signature shall be placed above.

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&d lv-tl"' ~~-#t{O
r ' uo<a-c5'-<e-8700 Business Address: l._!:1t J ( rZ .. ct:f I c(;t ':(.5020 Business Phone:_J_..,___u ______ _ Email Address: '7117A ti ha ~ W1 C IL:,',v-,. C <W· Co v--.

Dated: 1_,/{{f ( , 20 2,'l.-
/
The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from said City that the contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.

Enclosed find cash, certified check, cashier's check or bidder's bond which is not less than ten per cent (10%) of this bid , payable to the City Clerk and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

EXHIBIT 3
Instructions to Bidders
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ITB – 1

INSTRUCTIONS TO BIDDERS

A)GENERAL INFORMATION
The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 pm on February 16, 2022, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Road Rehabilitation Project 21/22, CIP C2101” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:

Said bids will be referred to and considered by the city council within 60 calendar days from said bid opening date.

B)PROPOSAL FORMS
All proposals must be made upon the “Schedule of Proposal” contained within the specifications.

All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.

C)BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.

Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.

D)CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful performance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.

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ITB – 2
In lieu of said faithful performance bond for maintenance, the Contractor may furnish a maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period. Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

E)REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR

IRREGULARITIES
Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.

The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.

F)AWARD OF CONTRACT
The award of the contract, if it is awarded, will be made within Sixty (60) calendar days after the opening of the proposals.

G)EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

H)STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.

The APWA Green Book Specifications are available for Inspection at the City Engineer's Office, 339 Fifth Street, Hollister, California, (mailing address: 375 Fifth Street, Hollister, California, 95023) or may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.

The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS dated March 9, 2018, are hereby incorporated into these specifications.

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I)SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), May 2015 edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.

J)EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed tha t submission of a proposal shall be considered prima facie evidence that he has done so.

K)WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.

L)LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.

M)PREVAILING WAGES APPLICABLE
Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

N)DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.

Prior to award of contract, Contractor shall provide proof of on-line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’ legal name, registration number, license type/number(s), registration date, and expiration date .

Proof of DIR registration is not required to be submitted with the Bid.

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ITB – 4

O)NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid documentl.

P)HOURS OF CONSTRUCTION
In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:
7:00 A.M. and 6:00 P.M. Monday through Friday
8:00 A.M. and 6:00 P.M. Saturday
Work is prohibited on Sundays and Federal Holidays
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EXHIBIT 4
Statement of Work

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SOW - 1

STATEMENT OF WORK

A)LOCATION
The proposed list of streets to receive a pavement overlay are:
Gabilan Drive – east of Clearview Drive to west of Highland Drive Diablo Drive - east of Clearview Drive to west of Highland Drive Cembellin Drive - east of Clearview Drive to west of Highland Drive Albright Drive - east of Clearview Drive to west of Highland Drive Monticello –end to north of Terrace Drive
Terrace Drive – east of Bella Vista Drive to west of Monticello Drive Bella Vista Drive –south of Sunnyslope to north of Terrace Drive Bella Vista Court – east of Bella Vista Drive to end

B)DESCRIPTION OF WORK
The City of Hollister Road Rehabilitation Program 2021/2022 consists of pavement rehabilitation work along multiple residential roadway segments. The work includes slurry seal, cold planing existing AC pavement and HMA overlay, base failure repair, curb ramp reconstruction, and conform paving. Utility adjustments necessary to complete pavement grinding and overlay work and signing and striping are included in this project.

C)CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual.

No hard copy sets will be provided to the Contractor.

D)FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.

E)TIME FOR COMPLETION
Work shall begin within ten (10) days after the written “Notice to Proceed” has been received by the Contractor.

The work shall be diligently prosecuted to completion before the expiration of eighty (80) working days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.

Contractor shall provide a project schedule at the construction kick-off meeting.

F)REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.

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G) DELETION OF CONSTRUCTION ITEMS

The City reserves the option to delete any item or items of construction in entirety without penalty.

Section 2, “Scope of Work” of the Standard Specifications shall not apply.

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EXHIBIT 5
Items of Construction

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IOC- 1

ITEMS OF CONSTRUCTION

Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as spe cified herein. All work is paid for through corresponding bid items and no additional compensation shall be provided.

1. MOBILIZATION/DEMOBILIZATION

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MOBILIZATION/DEMOBILIZATION shall be measured on a lump sum basis.

Payment: Payment for MOBILIZATION/DEMOBILIZATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MOBILIZATION/ DEMOBILIZATION. MOBILIZATION/DEMOBILIZATION shall be compensated according to the following schedule: 70% for completion of mobilization and 30% for completion of demobilization. Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobilization. There will be no additional cost for mobilization/demobilization if added alternate work is included.

2. TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall be measured on a lump sum basis.

Payment: Payment for TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CONTROLAND CONSTRUCTION AREA SIGNS. TRAFFIC CONTROL AND CONSTRUCTOIN AREA SIGNS shall be compensated according to the following schedule: 70% for set up of traffic control and construction area signs and 30% for completion of traffic control and removal of construction area signs.

3. PREPARE WATER POLLUTION CONTROL PROGRAM

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: PREPARE WATER POLLUTION CONTROL PROGRAM shall be measured on a lump sum basis.

Payment: Payment for PREPARE WATER POLLUTION CONTROL PROGRAM shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in PREPARE WATER POLLUTION CONTROL PROGRAM.

4. RESTORE PRIVATE PROPERTY

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

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Measurement: RESTORE PRIVATE PROPERTY shall be measured on a lump sum basis.

Payment: Payment for RESTORE PRIVATE PROPERTY include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in RESTORING PRIVATE PROPERTY to pre-project conditions, at the locations shown on t he plans, and as directed by the Engineer.

5. REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) shall be measured on a square foot basis.

Payment: Payment for REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK ), at locations as shown on the plans and as directed by the Engineer.

6. ROADWAY EXCAVATION

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: ROADWAY EXCAVATION shall be measured on a cubic yard basis. This is a final pay bid item.

Payment: Payment for ROADWAY EXCAVATION shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in ROADWAY EXCVATION, at locations shown on the plans and as directed by the Engineer.

Excavation to remove base failure repair pavement is included in the payment for BASE FAILURE REPAIR (AC ) and will not be measured and paid for in this bid item.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

7. LAYOUT CURB RAMP

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: LAYOUT CURB RAMP shall be measured on an each basis.

Payment: Payment for LAYOUT CURB RAMP shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in laying out a curb ramp, complete in place, including field measurements and surveys, engineering, coordination with the Engineer, string lines, setting and adjusting forms, and all other work as needed to layout a ramp that complies with federal and state ADA regulations, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.

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IOC- 3

8. HOT MIX ASPHALT (TYPE A, ½” Max)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: HOT MIX ASPHALT (TYPE A, ½” MAX) shall be measured on a tonnage basis.

Payment: Payment for HOT MIX ASPHALT (TYPE A, ½” MAX) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in HOT MIX ASPHALT (TYPE A, ½” MAX).

9. MINOR CONCRETE (CURB AND GUTTER) (CITY OF HOLLISTER DETAIL A-8-1)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (CURB AND GUTTER) shall be measured on a linear foot basis.

Payment: Payment for MINOR CONCRETE (CURB AND GUTTER) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MINOR CONCRETE (CURB AND GUTTER), including furnishing and placing aggregate base, at locations as directed by the Engineer.

10. MINOR CONCRETE (4” CURB)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; a ll as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (4” CURB) shall be measured on a linear foot basis.

Payment: Payment for MINOR CONCRETE (4” CURB) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MINOR CONCRETE (4” CURB), including furnishing and placing aggregate base, at locations as directed by the Enginee r.

11. MINOR CONCRETE (6” CURB)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (6” CURB) shall be measured on a linear foot basis.

Payment: Payment for MINOR CONCRETE (6” CURB) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MINOR CONCRETE (4” CURB), including furnishing and placing aggregate base, at locations as directed by the Engineer.

12. MINOR CONCRETE (SIDEWALK) (CITY OF HOLLISTER DETAIL A-9-2)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and appro val of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

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IOC- 4

Measurement: MINOR CONCRETE (SIDEWALK) shall be measured on a square foot basis.

Payment: Payment for MINOR CONCRETE (SIDEWALK) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (SIDEWALK), including furnishing and placing aggregate base, at locations as directed by the Engineer.

13. MINOR CONCRETE (VALLEY GUTTER) (CITY OF HOLLISTER DETAIL A-8-1)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (VALLEY GUTTER) shall be measured on a square foot basis.

Payment: Payment for MINOR CONCRETE (VALLEY GUTTER) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (VALLEY GUTTER), including furnishing and placing aggregate base, at locations as directed by the Engineer.

14. DETECTABLE WARNING SURFACE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: DETECTABLE WARNING SURFACE shall be measured on a square foot basis.

Payment: Payment for DETECTABLE WARNING SURFACE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in DETECTABLE WARNING SURFACE, including furnishing and placing aggregate base, at locations as directed by the Engineer.

15. RELOCATE SIGN

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: RELOCATE SIGN shall be measured on an each basis.

Payment: Payment for RELOCATE SIGN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RELOCATE SIGN, including furnishing and placing aggregate base, at locations as directed by the Engineer.

16. RESET SIGN

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: RESET SIGN shall be measured on an each basis.

Payment: Payment for RESET SIGN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RESET SIGN IN PLACE, including furnishing and placing aggregate base, at locations as directed by the Engineer.

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17. RECONSTRUCT STORM DRAIN INLET TOP

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all a s required for the proper performance and completion of the work.

Measurement: RECONSTRUCT STORM DRAIN INLET TOP shall be measured on an each basis.

Payment: Payment for RECONSTRUCT STORM DRAIN INLET TOP shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RECONSTRUCT STORM DRAIN INLET TOP, including furnishing and placing aggregate base, at locations as directed by the Engineer.

18. BASE FAILURE REPAIR (AC)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; al l as required for the proper performance and completion of the work. Bidder should make assumption that base failure AC depth is 6”.

Measurement: BASE FAILURE REPAIR (AC) shall be measured on a square foot basis.

Payment: Payment for BASE FAILURE REPAIR (AC) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in BASE FAILURE (AC), at locations as directed by the Engineer. Payment for this item includes sawcutting, excavation, furnishing and installing hot mix asphalt, and all other work to complete base failure repair for AC roadway. Hot mix asphalt placed as part of this base failure work will not be measured and paid for separately.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

19. COLD PLANE ASPHALT CONCRETE (0.29’ DEPTH)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: COLD PLANE ASPHALT CONCRETE (0.29’ DEPTH) shall be measured on a square foot basis

Payment: Payment for COLD PLANE ASPHALT CONCRETE (0.29’ DEPTH) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in COLD PLANE ASPHALT CONCRETE (0.29’ DEPTH), including all work necessary to prepare the roadway surface to be cold planed not paid for in other bid items.

20. GEOSYNTHETIC FABRIC

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: GEOSYNTHETIC FABRIC shall be measured on a square yard basis.

Payment: Payment for GEOSYNTHETIC FABRIC shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing GEOSYNTHETIC FABRIC.

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IOC- 6

21. UTILTIY ADJUSTMENTS (PAVEMENT REHABILITATION WORK)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: UTILITY ADJUSTMENTS (PAVEMENT REHABILITATION WORK) shall be measured on a lump sum basis.

Payment: Payment for UTILITY ADJUSTMENTS (PAVEMENT REHABILITATION WORK) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in adjusting utilities to accommodate cold planning and overlay, including lowering and raising of City - owned utilities and coordinating with non-City owned utilities to facilities the adjustment of their facilities, and all other utility work and coordination need to lower utilities ahead of cold planning, and to raise them to final grade after paving.

22. THERMOPLASTIC PAVEMENT MARKING (WHITE)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC PAVEMENT MARKING (WHITE) shall be measured on a square foot basis.

Payment: Payment for THERMOPLASTIC PAVEMENT MARKING (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING (WHITE).

23. THERMOPLASTIC STRIPE (12” WHITE)

This work shall consist of the obtaining of all bonds, insurance, and permits; pr eparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC STRPE (12” WHITE) shall be measured on a linear foot basis.

Payment: Payment for THERMOPLASTIC STRIPE (12” WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE (12” WHITE).

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EXHIBIT 6
Designation of Subcontractors

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DESIGNATION OF SUBCONTRACTOR
In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will pcrfonn work or labor or render service to the Contractor in or about the constmction of the work or improvement to be perfonnc OO~-
-377cP35

PERCENTAGE

OF WORK
1-5 1,
+;_ IS;.

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EXHIBIT 7
Non-Collusion Declaration

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NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares :
1 am the Ycces; deVJ±:
foregoing bid.
of f: ~ -r, t,", VY3 · (vrptflcg_ fa,1vf he party making the 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 any other bidder or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company , association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid , and will not pay , any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture , limited liability company , limited liability partnership, or any other entity , hereby represents that he or she has full powe r 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 tru 8/J8 nd correct and that this de;i:ation is executed on "Z-p(./ Z z (date), at c..:a 1 ( 1Uy (City), ------..'=,-~ftt_ _____ (State).1 /'vlc !C. f M La4ZOCQJ. ITOV\
M on tractor
Signature of Contractor
cS&llt:;-h<l O /Zo7z Co
Printed Name

Exhibit 8: General Conditions
Exhibit 9: Special Provisions & Technical
Specifications.

Exhibit 10: Payment and Performance Bonds
Exhbit 11: Insurance

The above referenced documents will be on file
with the final signed contract.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 23, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17

TITLE OF ITEM: RESOLUTION NO. 2022-33, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO APPROVE A SUPPLEMENTAL APPROPRIATION, AWARD A CONTRACT IN THE AMOUNT OF $596,336.50 TO

PRECISION GRADE AND AUTHORIZE THE EXECUTION OF A CONTRACT AND

CHANGE ORDER FOR THE LADD LANE/SOUTHSIDE ROAD TRAFFIC CALMING PROJECT, CIP C2006

BRIEF DESCRIPTION: This resolution will approve a supplemental appropriation and award a contract to Precision Grade and authorize the execution of contract and change orders.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving a supplemental appropriation, and awarding the contract to Precision Grade for the Ladd Lane/Southside Road Traffic Calming Project, CIP C2006 and authorize the execution of a contract and change orders.

DEPARTMENT SUMMARY:

On December 20, 2021, CIP C2006, also known as the “Ladd Lane/Southside Road Traffic Calming Project, CIP C2006” was approved by the City Council and staff was authorized to call for sealed bids for the re-bid of this project.

Staff initially brought this project before council in March 2021 for authorization to bid.

Authorization was given to staff to call for sealed bids. On April 7, 2021 two bids were received. The two bids received were $809,086.30 and $907,454.00. The Engineer’s estimate for the initial project was $846,231.00.

At the April 19, 2021 Council meeting, staff brought forth a contract award recommendation. Council determined that they wanted to see the project studied further and re-designed for cost savings.

The project was further studied and redesigned and brought back to City Council on December 20, 2021 seeking authorization to re-bid the project.

On February 17th, 2022, three (3) bids were received. The lowest bid was received from VSS International, Inc. of West Sacramento, CA in the amount of $575,120.00. However, their bid reflected that over 65% of the work would be completed by subcontractors. This violates Section 8 of the General Conditions-Page GC-50, G8.01 Subcontracting, which states the Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price.

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The other two bids received were $596,120.00 and $649,290.00. The second low bidder is Precision Grade of San Juan Bautista. Staff contacted both the apparent low bidder, VSS and also the second low bidder, Precision Grade to let them know we would be recommending the rejection of the low bid for the reasons stated above. Precision Grade subsequently submitted a bid protest letter.

Staff is requesting the City Council do the following: Reject the low bid received from VSS International, Inc. and award the contract to the second lowest bidder, and authorize the Mayor to execute the contract with Precision Grade and authorize the City Manager to execute contract change orders not exceeding $89,000.00 if necessary for the timely completion of this project. The bid tabulation is attached. The Engineer’s estimate for this project was $562,636.00.

The supplemental appropriation includes the contingency of $89,000.00 and the construction contract in the amount of $596,336.50 for a total appropriation of $685,336.50.

FINANCIAL IMPACT: Expenditures of $685,336.50from fund 216

CEQA: N/A

ATTACHMENTS:

1. Budget Trasfer Appropriation Form-ladd ln southside road tc award 03072022

2. bid_Results_Rebid-Ladd Ln-Southside Rd

3. Bid Protest_precision grade

4. Precision Grade Construction Contract-Ladd Ln c2006

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

APPROVE A SUPPLEMENTAL APPROPRIATION, AWARD A CONTRACT IN THE AMOUNT OF $596,336.50 TO PRECISION GRADE AND AUTHORIZE THE

EXECUTION OF A CONTR ACT AND CHANGE ORDER FOR THE LADD
LANE/SOUTHSIDE ROAD TRAFFIC CALMING PROJECT, CIP C2006

WHEREAS, on April 19, 2021, staff brought forth a recommendation to council to award a contract for the Ladd Lane Southside Road Traffic Calming Project; and

WHEREAS, at that meeting the City Council directed staff to have the project studied further and redesigned for cost savings; and

WHEREAS, on December 20, 2021, the City Council authorized staff to solicit bids for the re-bid of Ladd Lane/Southside Road Traffic Calming Project, CIP C2006; and

WHEREAS, on January 11, 2022, staff called for sealed bids; and

WHEREAS, on February 17, 2022, three (3) bids were received; and

WHEREAS, the lowest bid was received from VSS International, Inc.; and

WHEREAS, the low bid violated Section 8 of the General Conditions-Page GC-50, G8.01 Subcontracting, which states the Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister rejects the low bid from VSS International, Inc., awards a contract t o the second low bidder, Precision Grade of San Juan Bautista, CA for the bid amount of $596,336.50 and approves a supplemental appropriation in the amount of $89,000.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the Mayor to execute a contract with Precision Grade and authorizes the City Manager to execute change orders in aggregate not exceeding an increase in the contract of more than $89,000.00.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk
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APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-33, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)
Fiscal Year: 2021/2022

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves 216 300101 685,337
Improvements 216 9000 750050 C2006 685,337

Explanation of Transaction:

Supplemental appropriation request to provide funding for the Ladd Lane Southside Road Traffic Calming Project, CIP C2006.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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Item #Item Description QTY UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total 00001 MOBILIZATION/DEMOBILIZATION 1 LS $10,401.88 $10,401.88 $14,900.00 $14,900.00 $15,750.00 $15,750.00 00002

TRAFFIC CONTROL AND CONSTRUCTION
AREA SIGNS 1 LS $40,317.38 $40,317.38 $10,400.00 $10,400.00 $153,000.00 $153,000.00 00003 LEAD COMPLIANCE PLAN 1 LS $1,872.50 $1,872.50 $2,750.00 $2,750.00 $1,750.00 $1,750.00 00004 REMOVE EXISTING STRIPING 1 LS $21,400.00 $21,400.00 $27,800.00 $27,800.00 $44,000.00 $44,000.00 00005 RUBBER CURB 270 LF $85.60 $23,112.00 $142.00 $38,340.00 $100.00 $27,000.00 00006
CLASS I FLEXIBLE POST DELINEATOR (48-INCH
HEIGHT)720 EA $58.85 $42,372.00 $55.00 $39,600.00 $85.00 $61,200.00 00007 K-71 MARKER POST (33-INCH HEIGHT)47 EA $240.75 $11,315.25 $225.00 $10,575.00 $400.00 $18,800.00 00008 BRICK PAVERS (INCLUDING SAND BEDDING)1290 SF $40.66 $52,451.40 $38.00 $49,020.00 $55.00 $70,950.00 00009 ADJUST UTILITY COVER TO GRADE 4 EA $1,057.16 $4,228.64 $2,100.00 $8,400.00 $1,500.00 $6,000.00 00010 INLET GRATE 15 EA $4,173.00 $62,595.00 $2,600.00 $39,000.00 $1,500.00 $22,500.00 00011 SLURRY SEAL TYPE II 37400 SY $2.80 $104,720.00 $4.50 $168,300.00 $2.65 $99,110.00 00012 ROADSIDE SIGN 59 EA $401.25 $23,673.75 $375.00 $22,125.00 $315.00 $18,585.00 00013 REMOVE EXISTING SIGN 9 EA $107.00 $963.00 $100.00 $900.00 $50.00 $450.00 00014 SALVAGE EXISTING SIGN AND POST 11 EA $187.25 $2,059.75 $175.00 $1,925.00 $100.00 $1,100.00 00015
2 WAY REFLECTIVE ROUND CERAMIC
PAVEMENT MARKER (YELLOW; 6-INCH)1010 EA $51.36 $51,873.60 $48.00 $48,480.00 $10.00 $10,100.00 00016 THERMOPLASTIC STRIPE (6&QUOT; YELLOW)3340 LF $1.55 $5,177.00 $1.45 $4,843.00 $2.50 $8,350.00 00017 THERMOPLASTIC STRIPE (6&QUOT; WHITE)5680 LF $1.55 $8,804.00 $1.45 $8,236.00 $2.50 $14,200.00 00018 THERMOPLASTIC STRIPE (12&QUOT; WHITE)380 LF $5.51 $2,093.80 $5.15 $1,957.00 $5.00 $1,900.00 00019
THERMOPLASTIC TRIPLE-4 CROSSWALK
STRIPE (WHITE)1320 SF $6.69 $8,830.80 $6.25 $8,250.00 $5.00 $6,600.00 00020
THERMOPLASTIC TRIPLE-4 CROSSWALK
STRIPE (YELLOW)3280 SF $6.69 $21,943.20 $6.25 $20,500.00 $5.00 $16,400.00 00021 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 9)220 LF $0.91 $200.20 $0.85 $187.00 $0.40 $88.00 00022 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 22)9330 LF $2.14 $19,966.20 $2.00 $18,660.00 $1.50 $13,995.00 00023 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 24)280 LF $0.96 $268.80 $0.90 $252.00 $0.50 $140.00 00024

THERMOPLASTIC TRAFFIC STRIPE (DETAIL
27B)8890 LF $0.80 $7,112.00 $0.75 $6,667.50 $0.50 $4,445.00 00025

THERMOPLASTIC TRAFFIC STRIPE (DETAIL
37B)530 LF $1.28 $678.40 $1.20 $636.00 $0.80 $424.00
00026 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 38)590 LF $1.44 $849.60 $1.35 $796.50 $1.00 $590.00 00027 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 39)8850 LF $0.91 $8,053.50 $0.85 $7,522.50 $0.50 $4,425.00 00028

THERMOPLASTIC TRAFFIC STRIPE (DETAIL
39A)460 LF $0.91 $418.60 $0.85 $391.00 $0.50 $230.00
00029 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 40)70 LF $4.71 $329.70 $4.40 $308.00 $0.40 $28.00 00030

THERMOPLASTIC PAVEMENT MARKING
(GREEN)2420 SF $10.70 $25,894.00 $10.00 $24,200.00 $8.00 $19,360.00 00031

THERMOPLASTIC PAVEMENT MARKING
(WHITE)1320 SF $7.49 $9,886.80 $7.00 $9,240.00 $5.00 $6,600.00 00032

THERMOPLASTIC PAVEMENT MARKING
(YELLOW)80 SF $7.49 $599.20 $7.00 $560.00 $5.00 $400.00 00033 RED CURB (PAINT, 2-COAT)205 LF $3.21 $658.05 $3.00 $615.00 $4.00 $820.00 Bid List
Total $575,120.00 $596,336.50 $649,290.00
Total Bid
Amount $575,120.00 $596,336.50 $649,290.00
Re-bid Ladd Lane & Southside Rd Traffic Calming Improvement Project, CIP NO. C2006 Owner:City of Hollister
Bid Opening:2022-02-17
* marks an
allowance VSS International Inc.Precision Grade Granite Rock Company - Bid item list

US US US
3785 Channel Dr 5225 Hellyer Avenue - Suite
West Sacramento, CA ,San Jose, CA 95138
Golden Bay Construction,
Inc.
3826 Depot Rd
Hayward, CA 94545
$242,183.03
Sierra Traffic Marking
Roseville, CA
$133,082.77
Graham Contractors
San Jose, CA
$83,487.11
Sierra Traffic Marking
Roseville, CA
$202,754.41
Chrisp Co.

Fremont, CA
$207,772.80
Pavement Coatings Co.
2150 Bell Avenue Suite 125
Sacramento, CA 95838
$110,379.30
Listed Subs
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1 107 The Alameda, Suite A, San Juan Bautista CA 95045 · Phone: 831-800-1602 · Fax: 831-623-1002

February 23, 2022

To Whom It May Concern,
Please accept this letter as Precision Grade Inc.’s Bid Protest for the Ladd Lane & Southside Road Traffic Calming Improvement Project CIP No.C2006. It is our understanding that the apparent low bidder is VSS International, and the second lowest bidder is Precision Grade Inc.

The apparent low bidder listed subcontractors, Golden Bay Construction Inc and Sierra Traffic Marking to complete the work associated with this project. It is our understanding that VSS International intends to subcontract over fifty percent of the work.

Below are our reasons for the protest:

The apparent low bidder is not performing over fifty percent of the work with their own forces. See below excerpt from the above-named section in the Specs.

SECTION 8

PROSECUTION AND PROGRESS

The Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price, unless otherwise specified in the Special Provisions. Where an entire item is subcontracted, the value of the subcontracted work will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to approval by the Engineer.

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2 Precision Grade Inc. requests that the City of Hollister declare the proposal of the lowest bidder, VSS International, to be nonresponsive and instead, award the project to the lowest responsive bidder, Precision Grade Inc.

Sincerely,

Carlos Garcia
President
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1 CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT, entered into on March 7, 2022 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and Precision Grade, Inc. ("Contractor"), is made with reference to the following:

R E C I T A L S
A.City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.

B.Contractor is a corporation duly organized and in good standing in the State of California, License Number 1025915. Contractor is a [general contractor with a Class A contractor’s licenses, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C.On January 14, 2022, City issued a Notice Inviting Bids to contractors for the Ladd Lane & Southside Road Traffic Calming Improvement Project, CIP No. C2006. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non-Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note:
these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); Insurance Requirements (Exhibit 11); and Additional Contract Requirements (if applicable) (Exhibit 12).

D.Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto.

In the event of a conflict between the General Conditions, and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.

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2 E.City and Contractor desire to enter into this Constr uction Contract for the Ladd Lane & Southside Road Traffic Calming Improvement Project, CIP No. C2006 , as identified in the Bid Documents upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals set forth above are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.

SECTION 2 THE PROJECT.

The project is to construct traffic calming measures on Ladd Lane from Tres Pinos Road to Southside Road, and on Southside Road from San Benito Street to Ladd Lane. Traffic calming elements to be installed include slurry seal, traffic circles, rubberized curb protected bike lanes, high visibility crosswalks, and signing and striping. ("Project").

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i)Notice Inviting Bids
(ii)Executed Construction Contract between City and Contractor. (iii)Instructions to Bidders
(iv)Statement of Work
(v)Items of Construction
(vi)Designation of Subcontractors
(vii)Non-Collusion Declaration
(viii)General Conditions
(ix)Special Provisions and Technical Specifications.
(x)Performance and Payment Bonds.
(xi)Insurance Forms.

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3 (xii)Plans and Drawings.
(xiii)Reports listed in the Bidding Documents.
(xiv)Supplements, Attachments, and Exhibits attached to the above items. (xv)Modifications.
(xvi)Change Orders.
(xvii)Field Directives
SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 6.2

6.3 6.4
Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

Commencement of Work.

Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.

Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within eighty (80) working days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).

Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will F.7.d
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4 suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i)Loss of public confidence in City and its contractors and consultants. (ii)Loss of public use of public facilities.
(iii)Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages. Liquidated damages accrue starting on the 1st day after the expiration of working days. Liquidated damages will be assessed using the Liquidated Damages table in the Section 8-1.10A of the Caltrans Standard Specifications, until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

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5 6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.

6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.5 Adjustments to Contract Time of Completion.

The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

6.6 Additional Compensation to Contractor.

The Contract Sum shall be increased by the amount of $1,000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.

Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, F.7.d
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6 hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:
(i)Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii)Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 7.2
Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the total Contract Sum of Five Hundred Ninety Six Thousand, Three Hundred Thirty Six Dollars and Fifty Cents ($596,336.50) (the “Contract Sum”).

Full Compensation.

The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all F.7.d
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7 Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i)Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii)Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii)The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv)The payment or nonpayment by Contractor of any of its Subcontractors or Sub- subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v)Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 herein shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i)The applicable provisions of the California Labor Code; and (ii) [blank]
SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorne y. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.

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8 SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i)On the date delivered if delivered personally;
(ii)On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii)On the date sent if sent by facsimile transmission; or (iv)On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:

City of Hollister, Development Services Department Engineering Division 339 Fifth St.

Hollister, CA 95023
Attention: Renee Perales, CIP Manager
Re: Ladd Lane & Southside Road Traffic Calming Improvement Project, (CIP C2006)
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

City of Hollister, City Attorney Office
375 Fifth St.

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9 Hollister, CA 95023
Attention: Jason S. Epperson, City Attorney
Re: Ladd Lane & Southside Road Traffic Calming Improvement Project, (CIP C2006)
All such Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:

Precision Grade, Inc.
107 The Alameda, Suite A
San Juan Bautista, CA 95045
Attention: Carlos Garcia, President/Owner
Re: Ladd Lane & Southside Road Traffic Calming Improvement Project, (CIP C2006)

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104- 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i)Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii)Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any Tier;
(iii)False claims liability under California Government Code section 12650, et. seq.; (iv)Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(v)The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

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10 14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the General Conditions.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.

Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good f aith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in the General Conditions.

14.4.2. Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by F.7.d
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11 registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity 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 City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those 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. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City 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.

14.4.4 Binding Arbitration.

If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:

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12 .1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5. .2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.

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13 .8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2).

Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due t o failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

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14 16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

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15 16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptl y cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

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16 Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may d etermine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including F.7.d
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17 attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph

6.6 of this Construction Contract.

.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

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18 17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take- offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ F.7.d
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19 or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.

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20 SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

This contract does not have special fund(s) involved requiring additional contract requirements, therefore this section does not apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
 Community Development Block Grant (CDBG)
 Housing and Urban Development (HUD)
 [Blank]
 Other: ___________________________

Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM- SB 854
In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

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21 Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .

SECTION 31 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 32 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 33 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.

Exhibit 4 – Statement of Work.

Exhibit 5 – Items of Construction.

Exhibit 6 – Designation of Subcontractor.

Exhibit 7 – Non-Collusion Declaration.

Exhibit 8 – General Conditions.

Exhibit 9 – Special Provisions and/or Technical Specifications.

Exhibit 10 – Payment and Performance Bonds.

Exhibit 11 – Insurance Requirements.

Exhibit 12 – Additional Contract Requirements (if applicable).

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF HOLLISTER,
a municipal corporation

By: ____________________________
Ignacio Velazquez Mayor
APPROVED AS TO FORM:

By: __________________________
Jason S. Epperson, City Attorney

ATTEST:

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22 By: ____________________________
Christine Black, MMC, City Clerk

Precision Grade, Inc.

By:

Title:

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EXHIBIT 1
Notice Inviting Sealed Bids
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NOTICE INVITING SEALED BIDS
for the
Ladd Lane & Southside Rd Traffic Calming Improvement Project, CIP NO. C2006

The City Council of the City of Hollister invites sealed bids for the Ladd Lane & Southside Rd Traffic Calming Improvement Project, CIP NO. C2006.

The project involves the construction of traffic calming measures on Ladd Lane from Tres Pinos Road to Southside Road, and on Southside Road from San Benito Street to Ladd Lane. Traffic calming elements to be installed include slurry seal, traffic circles, rubberized curb protected bike lanes, high visibility crosswalks, and signing and striping. ("Project").

All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.

The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.

Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.

Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for fu rther particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

All proposals or bids shall be accompanied by cash, cashier’s or certified check pa yable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before February 17, 2022 at 3:00 p.m., said time being at least ten (10) days from the first publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening date.

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A non-mandatory Pre-bid conference will be held at City Hall, 375 Fifth Street, Hollister, CA 95023 on January 27, 2022 at 10:00 a.m. The last date and time to submit questions or request for information regarding this project is set at February 11, 2022 at 5:00 p.m. Questions must be received prior to this time and date by email at [email protected]. All questions received after this date and time will not be answered.

The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.

Due to Covid-19, seating is limited in the City Council Chambers. To attend the pre-bid or bid opening meeting by zoom, please use the links below.

Pre-bid Meeting
Time: Jan 27, 2022 10:00 AM Pacific Time (US and Canada)

Join Zoom Meeting
https://zoom.us/j/97282415746?pwd=aE03YXF0RjkyWGJuY0NiczczNzdUQT09

Meeting ID: 972 8241 5746
Passcode: jy767U

Bid Opening
Time: Feb 17, 2022 03:00 PM Pacific Time (US and Canada)

Join Zoom Meeting
https://zoom.us/j/98813517169?pwd=NE5weWdkSXVtUENWSE9CZWJjNFR5dz09

Meeting ID: 988 1351 7169
Passcode: 7wWY3a

Dated: January 6, 2022
Christine Black, MMC
City Clerk of the City of Hollister Published: January 14, 2022 and January 21, 2022

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EXHIBIT 2
Contractor’s Bid
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PROPOSAL TO CITY OF HOLLISTER
To the Honorable City of Hollister Council
The undersigned as bidder declares that he has carefully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted, to contract with the City of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials ( except those specifically mentioned to be furnished by the City), necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled:. . .

Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof.

The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:

Item
No.
l
2 3
4 5
6 7
8 9
10 11
12 13
14 Ladd Lane & Southside Road Traffic Calming Improvement Project, CIP C2006 Base Bid Schedule
Approx.

Item Description Quantity Units Unit Price Bid Amount
Mobilization/Demobilization 1 LS $ \\,\' C\0() $ \4,G\OO Traffic Control and Construction Area 1 LS $ $ Signs \D 1\..\Db l () \ '-t 06 Lead Compliance Plan l LS $ a, ":\SO $ -a,,-S6
Remove Existing Striping l LS $ ol~,~00 s a1-, ~co
Rubber Curb 270 LF $ \\\~. DO s s'i>,~'-to
Class I Flexible Post Delineator ( 48-Inch 720 EA $ 5,;.00 $ sq, \!.ioo Height) K-71 Marker Post (33-Inch Height) 47 EA $ .;>.~S-00 $ to, «s --=t-<; Bri.ck Pavers (Including Sand Bedding) 1,290 SF $ '"6C(,-oo $ \..\l\,o;;io Adjust Utility Cover to Grade 4 EA $ -a,\ t)0 $ ~, '-tOO Inlet Grate 15 EA $ 9 1 loOO $ ""b'l,DC()
Slurry Seal Type II 37,400 SY $ 4 -'50 $ H,<g, "5CO
Roadside Sign 59 EA $ ":3,"'=1-5,06 s Q~, \otS
Remove Existing Sign 9 EA $ lOb•OO $ '100 · 00
Salvage Existing Sign and Post 11 EA $ l"'l-'5·OO $ l,9dS

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Item Approx.

No. Item Description Quantity Units Unit Price Bid Amount 15 2 Way Reflective Round Ceramic 1,010 EA $ \.\-=ti -OD $ \.\~I"\ '60 Pavement Marker (Yellow; 6-inch) 16 Thermoplastic Stripe (6" Yellow) 3,340 LF $ ,-\.\S $'i,~Y:> 17 Thermoplastic Stripe (6" White) 5,680 LF $ \.l\S $ ~\a ::,\o 18 Thermoplastic Stripe (12" White) 380 LF $ £5· \S $ \ l't'S"':\- 19 Thermoplastic Triple-4 Crosswalk Stripe 1,320 SF $ lo-~s $ S $ -:=t'\ 01S' • 00 30 Thermoplastic Pavement Marking 2,420 SF $ \.0·00 $ :;ty, o100 (Green) 31 Thermoplastic Pavement Marking 1,320 SF $ 1-·0D $ ~.~'-t() (White) 32 Thermoplastic Pavement Marking 80 SF $ '1-· Cb $ ~(oO, 00 (Yellow) 33 Red Curb (Paint, 2-Coat) 205 SF $ ~-00 $ {g\,S. DO
BASE BID TOTAL: This Ba~e Bid Total is the amount to compare all bidders.

Items 1 thru 33 inclusive of all work incidental thereto and connect therewith BASE BID TOTAL:$ SC\ \o 1 :> '3lo · 50
BASE BID WRITTEN OUT -v,v-e... V\A.JV\o.ved v\\ne.."'i-s, X ~$ CW\°' +vw·e.e V\.vntilrt.a ffi'-Y~ -s, X c.£o \\t<-v-<; ~ ~\~~ C..e.v\-\--5 ,

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The bid prices given are to be considered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Care has been taken to include all construction as described in the Contract Documents as·.Bid Items. For any structure, fitting, accessory, etc. that is not clearly included in a bid item, the Contractor shall inciude it as a part of the most appropriate bid item.

Carlos Garcia, President/ Owner
Precision Grade Inc.

Company
All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.

The "Base Bid Total" number will be compared to determine basis of bid and lowest responsive bidder. Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reserves the right to add all, some or no Add Alternates during award of the project.

The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.

Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received.

Addendum No. I ~
Addendum No. 2
Addendum No. 3
Addendum No. 4
The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.

The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. It is agreed that this bid may not be withdrawn for a period of sixty ( 60) days from the opening thereof.

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The names of all persons interested in the foregoing proposal as principals are as follows:

NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.

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Bidder presently possesses the following license(s) (please state class and License number for each class) __ A __ ,_1_0_2_59_1_S __________________________ and/or will possess the class required by the contract specifications at the time of contract award .

Carlos G re· , resident/ Owner
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation : If bidder is a co-partner- ship , the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an individual, his signature shall be placed above.

I 07 The Alameda Suite A
Business Address: San Juan Bau tis ta, Ca 95045 Business Phone: _ _,8""3..,_,l.""'80""'0"'.1'""6""'02=-------- Email Address : cgarcia@prec is iongr~dc .com
Dated: February 17 ,20,R
The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from said City that th e contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City .

Enclosed find cash, certified check, cashiers check or bidder's bond which is not less than ten per cent (10%) of this bid , payable to the City Clerk and which is given as a guarantee that the undersigned w ill enter into the contract if awarded the work.

EXHIBIT 3
Instructions to Bidders
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ITB – 1

INSTRUCTIONS TO BIDDERS

A) GENERAL INFORMATION

The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 p.m on February 17, 2022, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “LADD LANE & SOUTHSIDE ROAD TRAFFIC CALMING IMPROVEMENT PROJECT, CIP NO. C2006” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE FOLLOWING DESCRIBED WORK:

Said bids will be referred to and considered by the city council within 60 calendar days from said bid opening date.

B) PROPOSAL FORMS

All proposals must be made upon the “Schedule of Proposal” contained within the specifications.

All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a c orporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.

C) BIDDER'S GUARANTY AND RETURN OF GUARANTY

All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall b e considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.

Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.

D) CONTRACT BONDS

Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful perfor mance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.

In lieu of said faithful performance bond for maintenance, the Contractor may furnish a F.7.d
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ITB – 2

maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period. Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR

IRREGULARITIES

Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.

The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.

F) AWARD OF CONTRACT

The award of the contract, if it is awarded, will be made within Sixty (60) calendar days after the opening of the proposals.

G) EXECUTION OF CONTRACT

The Contract shall be signed by the successful bidder and return ed, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

H) STANDARD SPECIFICATIONS

The work embraced herein shall be done in accordance with the appropriate provisions of the City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.

The APWA Green Book Specifications are available for Inspection at the City Engineer's Office, 339 Fifth Street, Hollister, California, (mailing address: 375 Fifth Street, Hollister, California, 95023) or may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.

The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS dated March 9, 2018, are hereby incorporated into these specifications.

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ITB – 3

I) SUPPLEMENTAL PLANS AND SPECIFICATIONS

A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transpo rtation (Caltrans), May 2015 edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.

J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK

The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bi dder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.

K) WORKERS' COMPENSATION INSURANCE

Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.

L) LIABILITY INSURANCE

Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.

M) PREVAILING WAGES APPLICABLE

Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate o f per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Cl erk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.

Prior to award of contract, Contractor shall provide proof of on -line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’ legal name, registration number, license type/number(s), registration date, and expiration date .

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ITB – 4

Proof of DIR registration is not required to be submitted with the Bid.

O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.

P) HOURS OF CONSTRUCTION

In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:

 7:00 A.M. and 6:00 P.M. Monday through Friday
 8:00 A.M. and 6:00 P.M. Saturday
 Work is prohibited on Sundays and Federal Holida ys
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EXHIBIT 4
Statement of Work

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SOW - 1

STATEMENT OF WORK

A) LOCATION

Ladd Lane from Tres Pinos Road to Southside Road, and on Southside Road from San Benito Street to Ladd Lane.

B) DESCRIPTION OF WORK

The work to be performed includes, but is not necessarily limited to: The construction of traffic calming elements including slurry seal, traffic circles, rubberized curb protected bike lanes, high visibility crosswalks, and signing and striping.

C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specificat ions/Project Manual.

No hard copy sets will be provided to the Contractor.

D) FIELD MEASUREMENT

The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.

E) TIME FOR COMPLETION

Work shall begin within ten (10) days after the written “Notice to Proceed” has been received by the Contractor.

The work shall be diligently prosecuted to completion before the expiration of Eighty (80) workingr days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.

Contractor shall provide a project schedule at the construction kick -off meeting.

F) REGISTRATION OF CONTRACTORS

As stated in Notice Inviting Sealed Bids.

G) DELETION OF CONSTRUCTION ITEMS

The City reserves the option to delete any item or items of construction in entirety without penalty.

Section 2, “Scope of Work” of the Standard Specifications shall not apply.

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EXHIBIT 5
Items of Construction

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IOC- 1

ITEMS OF CONSTRUCTION

Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as specified herein.

All work is paid for through corresponding bid items and no additional compensation shall be provided.

1. MOBILIZATION/DEMOBILIZATION

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MOBILIZATION/DEMOBILIZATION shall be measured on a lump sum basis.

Payment: Payment for MOBILIZATION/DEMOBILIZATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MOBILIZATION/ DEMOBILIZATION. MOBILIZATION/DEMOBILIZATION shall be compensated according to the following schedule: 70% for completion of mobilization and 30% for completion of demobilization. Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobilizat ion. There will be no additional cost for mobilization/demobilization if added alternate work is included.

2. TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall be measured on a lump sum basis.

Payment: Payment for TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CONTROLAND CONSTRUCTION AREA SIGNS. TRAFFIC CONTROL AND CONSTRUCTOIN AREA SIGNS shall be compensated according to the following schedule: 70% for set up of traffic control and construction area signs and 30% for completion of traffic control and removal of construction area signs.

3. LEAD COMPLIANCE PLAN

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: LEAD COMPLIANCE PLAN shall be measured on a lump sum basis.

Payment: Payment for LEAD COPMLIANCE PLAN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in LEAD COMPLIANCE PLAN. You are paid for this work when your lead compliance plan has been submitted to and accepted by the Engineer.

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4. REMOVE EXISTING STRIPING

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: REMOVE EXISTING STRIPING shall be measured on a lump sum basis.

Payment: Payment for REMOVE EXISTING STRIPING shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in REMOVE EXISTING STRIPING, including removing all striping and pavement markings within the slurry seal area and also striping and markings outside the slurry seal area but in conflict with proposed striping and markings as shown on the plans.

5. RUBBER CURB

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: RUBBER CURB shall be measured on a linear foot basis, based on the length of actual curb installed. Gaps between curbs will not be measured or paid for.

Payment: Payment for RUBBER CURB shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RUBBER CURB.

6. CLASS I FLEXIBLE POST DELINEATOR (48-INCH HEIGHT)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: CLASS I FLEXIBLE POST DELINEATOR (48-INCH HEIGHT) shall be measured on a per each basis.

Payment: Payment for CLASS I FLEXIBLE POST DELINEATOR (48-INCH HEIGHT) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CLASS I FLEXIBLE POST DELINEATOR (48-INCH HEIGHT).

7. K-71 MARKER POST (33-INCH HEIGHT)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the wo rk.

Measurement: K-71 MARKER POST (33-INCH HEIGHT) shall be measured on a per each basis.

Payment: Payment for K-71 MARKER POST (33-INCH HEIGHT) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in K-71 MARKER POST (33-INCH HEIGHT).

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8. BRICK PAVERS (INCLUDING SAND BEDDING)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: BRICK PAVERS (INCLUDING SAND BEDDING) shall be measured on a square foot basis.

Payment: Payment for BRICK PAVERS (INCLUDING SAND BEDDING) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in BRICK PAVERS, including furnishing and installing sand bedding.

9. ADJUST UTILITY COVER TO GRADE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: ADJUST UTILITY COVER TO GRADE shall be measured on a per each basis.

Payment: Payment for ADJUST UTILITY COVER TO GRADE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ADJUST UTILITY COVER TO GRADE.

10. INLET GRATE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: INLET GRATE shall be measured on a per each basis.

Payment: Payment for INLET GRATE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing INLET GRATE, including removal and disposal of existing inlet grate being replaced.

11. SLURRY SEAL TYPE II

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: SLURRY SEAL TYPE II shall be measured on a square foot basis

Payment: Payment for SLURRY SEAL TYPE II shall include full compensation for providing all labor, F.7.d
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materials, tools, equipment and incidentals, and for doing all the work involved in SLURRY SEAL TYPE II, including all work necessary to prepare the roadway surface to receive slurry seal not paid fo r in other bid items.

12. ROADSIDE SIGN

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: ROADSIDE SIGN shall be measured on a per each basis.

Payment: Payment for ROADSIDE SIGN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ROADSIDE SIGN. Two signs installed on one post are paid as two units. Roadside sign installed on existing post is measured and paid for as ROADSIDE SIGN.

13. REMOVE EXISTING SIGN

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: REMOVE EXISTING SIGN shall be measured on a per each basis.

Payment: Payment for REMOVE EXISTING SIGN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in REMOVE EXISTING SIGN, including disposal.

14. SALVAGE EXISTING SIGN AND POST

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: SALVAGE EXISTING SIGN AND POST shall be measured on a per each basis.

Payment: Payment for SALVAGE EXISTING SIGN AND POST shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SALVAGE EXISTING SIGN. Deliver salvaged materials to City as directed in the specifications.

15. 2 WAY REFLECTIVE ROUND CERAMIC PAVEMENT MARKER (YELLOW; 6-INCH)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

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Measurement: 2 WAY REFLECTIVE ROUND CERAMIC PAVEMENT MARKER (YELLOW; 6-INCH) shall be measured on a per each basis.

Payment: Payment for 2 WAY REFLECTIVE ROUND CERAMIC PAVEMENT MARKER (YELLOW; 6- INCH) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in 2 WAY REFLECTIVE ROUND CERAMIC PAVEMENT MARKER (YELLOW; 6-INCH).

16.-18. THERMOPLASTIC STRIPE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC STRPE shall be measured on a linear foot basis.

Payment: Payment for THERMOPLASTIC STRIPE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE.

19, 20 THERMOPLASTIC TRIPE-4 CROSSWALK STRIPE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC TRIPLE-4 CROSSWALK STRPE shall be measured on a square foot basis.

Payment: Payment for THERMOPLASTIC TRIPE-4 CROSSWALK STRIPE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC TRIPLE-4 CROSWALK STRIPE.

21-29 THERMOPLASTIC TRAFFIC STRIPE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC TRAFFIC STRPE shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.

Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC TRAFFIC STRIPE.
30-32 THERMOPLASTIC PAVEMENT MARKING

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction F.7.d
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facilities; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC PAVEMENT MARKING shall be measured on a square foot basis.

Payment: Payment for THERMOPLASTIC PAVEMENT MARKING shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING.

33. RED CURB (PAINT, 2-COAT)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: RED CURB (PAINT, 2-COAT) shall be measured on a linear foot basis.

Payment: Payment for RED CURB (PAINT, 2-COAT) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RED CURB (PAINT, 2-COAT).

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EXHIBIT 6
Designation of Subcontractors

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DESIGNATION OF SUBCONTRACTOR
In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications and the portion of the work which will be done by each Subcontractor.

If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced in writing, as a public record of the City.

1. 2.

3. 4 .

5. 6.

7. 8.

9. NAME

PHONE NUMBER
BUSINESS ADDRESS G,v-~ UW'\~S
~oc;,. -:Z '1'!7 . q S\ \o ~ I. n {-..., ~ ~\-, SCA.V\ ~~e, C,... s\~ ,'rl&..~c ~s q \'-. ~~"'-C:\010 e . d\"\ :;a..;. "61 t6& '"5\c.. w.. o~,\\e I C,,.

LICENSE
NUMBER
&CLASS
t,l'::,":\-~C\
-:tS~"2:»\"=\
DIR
NUMBER
\OOOObt.l1
'OC:OCO:r-t-1

PERCENTAGE

OF WORK
rS \ \,\ .,,,
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EXHIBIT 7
Non-Collusion Declaration

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NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMIITED WITH BID
The undersigned declares:

I am the President/Owner
foregoing bid.
of __ P_re_c_is_io_n_G_ra_d_e_, l_n_c. __ _, the party making the 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 any other bidder or to fix any overhead , profit or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true . The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization ; bid depository, or -to any member or agent thereof, to effeduate· ,:i-collusiv.~ or sham. bid , and has no~ paid, aild\'!fill not pay , any person or entity for such purpose. · · ' · · · · Any person .executing tliis de.claratiori cin behalf o.f . a bidder that is a . corpdr·atioh, par.tnership, 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 02/17/2022 (date), at San Juan Bautista (City), California (State).

Precision Grade, Inc.

Nameo~
SignQContracto,
Carlos Garcia, President/Owner
Printed Name

Exhibit 8: General Conditions
Exhibit 9: Special Provisions & Technical
Specifications.

Exhibit 10: Payment and Performance Bonds
Exhbit 11: Insurance

The above referenced documents will be on file
with the final signed contract.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17

TITLE OF ITEM: RESOLUTION NO. 2022-34, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,680,897.00 FOR DESIGN ENGINEERING

SERVICES FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR

MULTIPLE CAPITAL IMPROVEMENT PROJECTS

BRIEF DESCRIPTION: This resolution will authorize a supplemental appropriation to cover costs for design engineering services for various Capital Improvement Projects as indicated in the City’s Sanitary Sewer, Water, and Storm Drain Master Plans as well as the Pavement Condition Evaluation.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the supplemental appropriation in the amount of $3,680,897.00 for design engineering services for multiple Capital Improvement Projects.

DEPARTMENT SUMMARY:

Staff is requesting a supplemental appropriation for Design Engineering Services for multiple CIP Projects identified in the City’s utility master plans and the additional Cape Seal and Grind and Overlay Projects.

 Miller Road Utility Project. This project will upgrade the pavement, traffic calming, sewer and storm drain.

 Hawkins/West Street Utility Project, this is a combined storm drain, sewer and water upgrades.

 Hawkins Water Line Utility Project. This project is a combined project to upgrade water line on Park Street, Hazel, East

 West End Utilities Project. This project is a combined project upgrading water lines on Ball Court, Brandy Court and sewer lines on San Juan Road.

 Paving Area 2 Utilities. This is a combined project upgrading water lines on Walnut Ln, Powell, Suiter and Locust Street.

 Line and Nash Sewer Utility Project. This is a combined project upgrading the sewer line on Line Street and Nash Road.

 Nash Sewer II Utility Project. This is a combined project upgrading the sewer line F.8
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and storm drain line on Nash/Tres Pinos Road.

 Sunset Drive Sewer Upgrade Utility Project. This project will upgrade the sewer line.

 Grind and Overlay Projects, Sections 2-5

 Cape Seal Projects, Sections 2-5

Attached to this report is a CIP project list with additional information about each project along with a map of the Grind and Overlay and Cape Seal Projects. By approving the supplemental appropriation, it will allow staff to issue task orders for the preparation of the plans and specifications for these projects.

This appropriation is for funding of the design engineering only. Once the plans and specs are completed, the bid documents will be brought back to council to request approval to release for bid. Once bids are received, staff will come before council once again to award a contract.

Grant funding is more readily available for projects that are shovel ready.

Staff recommends that the City Council adopt the resolution approving the supplemental appropriation in the amount of $3,680,897.00 for design engineering services for the preparation of plans and specifications for the Capital Improvement Projects listed in this report.

FINANCIAL IMPACT: Expenditures of $3,680,897.00 from the funds as follows:

Fund 216 $2,420,851.00 Measure G funds
Fund 621 $488,638.00
Fund 661 $604,753.00
Fund 303 $166,655.00

CEQA: N/A

ATTACHMENTS:

1. Budget Trasfer Appropriation Form-cip projects

2. Utility Project List

3. Attachment Map Grind-Overlay and Cape Seal

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,680,897.00 FOR DESIGN ENGINEERING SERVICES FOR THE PREPARATION

OF PLANS AND SPECIFICATIONS FOR MULTIPLE CAPITAL IMPROVEMENT

PROJECTS

WHEREAS, funding is necessary for the design of multiple projects as identified in the City’s Utility Master Plans and the Pavement Management Condition Evaluation ; and

WHEREAS, the necessary appropriations are identified in the supplemental appropriation; and

WHEREAS, the projects to be designed with the funding are as follows:
 Miller Road Utility Project. This project will upgrade the pavement, traffic calming, sewer and storm drain.
 Hawkins/West Street Utility Project.This is a combined storm drain, sewer and water upgrades.
 Hawkins Water Line Utility Project. This project is a combined project to upgrade water line on Park Street, Hazel, East
 West End Utilities Project. This project is a combined project upgrading water lines on Ball Court, Brandy Court and sewer lines on San Juan Road.  Paving Area 2 Utilities. This is a combined project upgrading water lines on Walnut Ln, Powell, Suiter and Locust Street.
 Line and Nash Sewer Utility Project. This is a combined project upgrading the sewer line on Line Street and Nash Road.
 Nash Sewer II Utility Project. This is a combined project upgrading the sewer line and storm drain line on Nash/Tres Pinos Road.
 Sunset Drive Sewer Upgrade Utility Project. This project will upgrade the sewer line.
 Grind and Overlay Projects, Sections 2-5
 Cape Seal Projects, Sections 2-5

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the supplemental appropriation in the amount of $3,680,897.00 for design engineering services for multiple Capital Improvement Projects identified in this resolution and as identified in the appropriation.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

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Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-34, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)
Fiscal Year: 2021/2022

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves 216 300101 2,420,851
Engineering Services 216 4000 730003 2,420,851
Reserves 621 300-101 488,638
Engineering Services 621 4000 730003 488,638
Reserves 661 300101 604,753
Engineering Services 661 4000 730003 604,753
Reserves 303 300101 166,655
Engineering Services 303 4000 730003 166,655

Explanation of Transaction:

Supplemental appropriation request to provide funding for Design Engineering Services for various CIP Projects.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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Hollister CIP Project List
Pavement
See Exhibit A
Utilities
Utility Project #2 – Miller Road
The pavement on Miller Road has a PCI of 17 out of 100 which means it is seriously degraded. Therefore, grind and overlay is included in the project to rehabilitate the pavement. ADA access ramps within the grind and overlay areas will also need to be evaluated and potentially upgraded to meet current ADA standards.

CIP No. 17 Miller Road Storm Drain Upgrade: This project will upgrade approximately 430 linear feet of 18‐inch storm drain to 30‐inch pipe, in Miller Road between Buena Vista Road and Central Avenue. This upgrade will provide 25‐year storm capacity for future development, including residential development north of Buena Vista Road.

CIP No. 40 Miller Road Sewer Upgrade: This project proposes to replace approximately 300 feet of 8-inch pipe with 12-inch pipe from San Juan Road north on Miller Road. This pipe segment runs 65% full during future peak flow conditions. This upgrade increases collection system capacity to serve future flow conditions within the project area.

Utility Project #3 – Hawkins-West
CIP No. 2 - Monterey and Hawkins Storm Drain Upgrade: consists of constructing two new curb inlets on the northwest and southwest corners. Project to include new storm drain lateral connections to the existing storm drain system in Hawkins Street. The pavement condition assessment designated this segment of roadway as condition 1, no pavement rehabilitation plans to be prepared for this project area.

CIP No.4 – San Benito and Haydon Storm Drain Upgrade: consists of constructing approximately 1,600 linear feet of new 24‐inch storm drain pipe on San Benito Street between Vine Street and Haydon Street. The pavement condition assessment designated this segment of roadway as condition 3 requiring cape seal and ADA curb ramp improvements. This segment of the project includes up to five (5) locations for curb ramp improvements.

CIP No.36 – West Street Sewer Upgrade: consists of replacing approximately 1,640 feet of 6-inch pipe with 8-inch and 10-inch pipe on West Street from 7th Street to Haydon Street. The pavement condition assessment designated this segment of roadway as condition 3 requiring cape seal and ADA curb ramp improvements. This segment of the project includes up to five (5) locations for curb ramp improvements.

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CIP No.56 – West Street Water Upgrade: consists of replacing approximately 1,200 feet of 8-inch cast iron with 8-inch PVC on West Street from B Street to Nash Road. This project will require new fire hydrants and re-connection to water services from the proposed water main. The pavement condition assessment designated this segment of roadway as condition 3 requiring cape seal and ADA curb ramp improvements. This segment of the project includes up to nine (9) locations for curb ramp improvements.

CIP No. 58 – Monterey Street Water Replacement: consists of replacing approximately 1,250 feet of 4- inch cast iron with 8-inch PVC on Monterey Street from Hawkins Street to B Street. The existing 4-inch main provides less than 75% of the required fire flow. This project will require new fire hydrants and re- connection to water services from the proposed water main. The pavement condition assessment designated this segment of roadway as condition 2 and no pavement rehabilitation is required.

Water Upgrades: consists of replacing small diameter and Cast Iron Pipe water mains with 8-inch PVC for the following locations:
 Haydon Street: West St to San Benito St approximately 1,050 LF; pavement condition 3 requiring cape seal and ADA ramp improvements. This segment of the project includes up to four (4) locations for curb ramp improvements.

Utility Project #4 – Hawkins Water
CIP No. 55 Park Street Water Upgrade: consists of replacing approximately 380 feet of 4-inch cast iron with 8-inch PVC on Park Street from Sally Street to Prune Street. This project will require new fire hydrants and re-connection to water services from the proposed water main. The pavement condition assessment designated this segment of roadway as condition 2 requiring no rehabilitation.

CIP No. 57 Hazel Street Water Upgrade: The Hazel Street project requires the completion of three separate project locations. The first project proposes to replace approximately 945 feet of 8-inch cast with 8-inch PVC on Hazel Street from Prospect Avenue to Sally Street. The second project proposes to replace approximately 710 feet of 8-inch cast iron with 8-inch PVC on Railroad Avenue. Lastly, the third project proposes to construct approximately 380 feet of 8-inch PVC from the new 8-inch main on Railroad Avenue to the intersection of Hazel Street and Sally Street. This project will require a new fire hydrant and re-connection to water services from the proposed water main. The pavement condition assessment designated Hazel Street as condition 5 requiring grind and overlay and ADA ramp improvements. Railroad Avenue is designated as condition 3 requiring cape seal. This segment of the project includes up to three locations for curb ramp improvements.

CIP No. 67 East Street Water Upgrade: consists of replacing approximately 700 feet of 6-inch cast iron with 8-inch PVC on East Street from South Street to Hawkins Street. This project will require a new fire hydrant and re-connection to water services from the proposed water main. The pavement condition assessment designated this segment of roadway as condition 1 and no pavement rehabilitation is required.

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Water Upgrades: consists of replacing small diameter and Cast Iron Pipe water mains with 8-inch PVC for the following locations:
 Prune Street: Haydon St. to Nash Rd. approximately 1,800 LF; pavement condition 3 requiring cape seal from Haydon St. to Knight Ln., and pavement condition 4 requiring cape seal from Knight Ln. to Nash Rd. This segment of the project includes up to nineteen (19) locations for curb ramp improvements.
 Victoria Avenue: Haydon to Olive approximately 950 LF; pavement condition 3 requiring cape seal and ADA ramp improvement. This segment of the project includes up to four (4) locations for curb ramp improvements.
 Park Street: San Benito St. to Sally St. approximately 550 l LF; pavement condition 3 requiring cape seal and grind and overlay. No curb ramp replacements are included in this segment as they are covered by other projects.

Palm Street: San Benito St. to Sally St. approximately 550 l LF; pavement condition 4 and 5 requiring cape seal and grind and overlay. No curb ramp replacements are included in this segment as they are covered by other projects.

Utility Project #5 – West End Utilities
CIP No. 53 – Ball Court Water Upgrade: consists of replacing approximately 510 feet of 6-inch PVC with 8-inch PVC on Ball Court at Felice Drive. This project will require new fire hydrants and re-connection to water services from the proposed water main.

CIP No. 63 – Brandy Court Water Upgrade: consists of replacing approximately a total of 220 feet of 4- inch PVC with 8-inch PVC on Brandy Court at Buena Vista Road. This project will require new fire hydrants and re-connection to water services from the proposed water main.

CIP No. 66 – San Juan Road Sewer Upgrade: consists of replacing approximately 30 feet of 27-inch pipe with 36-inch pipe on San Juan Road at Westside Boulevard. This is a short pipe segment that receives upstream flow from existing 27-inch and 36-inch pipes. This pipe segment runs at 85% full once all existing and future upstream improvements are in place.

Utility Project #6 – Paving Area 2 Utilities
CIP No.51 - Walnut Lane Water Upgrade: consists of replacing approximately 850 feet of 6-inch cast iron with 8-inch PVC on Walnut Lane from Powell Street to the end of the cul-de-sac. This project will require new fire hydrants and re-connection to water services from the proposed water main. The pavement condition assessment designated this segment of roadway as condition 1, no pavement rehabilitation plans to be prepared for this project area.

CIP No.59 - Powell Street Water Upgrade: consists of replacing approximately 670 feet of 6-inch cast iron with 8-inch PVC on Powell Street from C Street to Nash Road. This project will require new fire hydrants and re-connection to water services from the proposed water main. The pavement condition F.8.b
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assessment designated this segment of roadway as condition 1, no pavement rehabilitation plans to be prepared for this project area.

CIP No. 61 Suiter Street Water Upgrade: consists of replacing approximately 290 feet of new 8-inch PVC at North Suiter Street Alley from Suiter Street to Powell Street. The pavement condition assessment designated this segment of roadway as condition 1, no pavement rehabilitation plans to be prepared for this project area.

CIP No. 64 Locust Street Water Upgrade: consists of replacing approximately 880 feet of new 8-inch PVC at Locust Street from Central Avenue to College Street; pavement condition 4 requiring cape seal. This segment of the project includes up to two locations for curb ramp improvements.

Water Main Upgrades: consists of replacing small diameter and Cast Iron Pipe water mains with 8-inch PVC for the following locations:
 A Street: approximately 570 LF from Powell St. to West St.; pavement condition 3 and 4 requiring cape seal. This segment of the project includes up to four (4) locations for curb ramp improvements.
 5th Street: approximately 2,083 LF from Line St. to West St.; pavement condition 3 and 4 requiring cape seal. This segment of the project includes up to eight (8) locations for curb ramp improvements.
 7th Street: approximately 1,500 LF from Line St. to Powell St.; pavement condition 3 and 4 requiring cape seal. This segment of the project includes up to four (4) locations for curb ramp improvements.
 Tiffany Drive: approximately 750 LF from 5th St. to 7th St..; pavement condition 3 and 4 requiring cape seal. This segment of the project includes up to four (4) locations for curb ramp improvements.
 Monterey Street: approximately 1,500 LF South St. to 4th St.; pavement condition 3 and 4 requiring cape seal. This segment of the project includes up to eight (8) locations for curb ramp improvements.

Utility Project #7 – Line and Nash Sewer
CIP No. 31 Line Street Sewer Upgrade: consists of replacing approximately 4,160 feet of 15-inch pipe with 18-inch pipe on Line Street from Nash Road to 5th Street. The pavement condition assessment designated this segment of roadway as condition 2 therefore no pavement rehabilitation is required.

CIP No. 31 Nash Road Sewer Upgrade: consists of replacing approximately a total of 4,310 feet of 12- inch pipe with 15-inch pipe and 12-inch pipe on Nash Road from Line Street to Cushman Street. The pavement condition assessment designated this segment of roadway as condition 2 therefore no pavement rehabilitation is required.

Water Main Upgrades: consists of replacing small diameter and Cast Iron Pipe water mains with 8-inch PVC for the following locations:

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 Circle Drive: approximately 587 LF pavement condition 4 requiring cape seal and ADA ramp improvements. This segment of the project includes up to two locations for curb ramp improvements.

Utility Project #8 –Nash Sewer II
CIP No. 32 Nash Road/Tres Pinos Sewer Upgrade: consists of replacing approximately 4,010 LF of 12- inch pipe with 15-inch pipe from Cushman Street to Memorial Drive. The pavement condition assessment designated this segment of roadway as follows:
 Cushman Street to Ladd Lane: condition 2, 3, and 4 requiring approximately 1,305 LF of rehabilitation by cape seal. This segment includes up to four ADA curb ramp improvements  Ladd Lane to Highway 25: condition 2 and 3 requiring approximately 250 LF of rehabilitation by cape seal. This segment includes up to four ADA curb ramp improvements  Highway 25 to Versailles Drive: condition 3 requiring approximately 1,168 LF of rehabilitation by cape seal. This segment includes up to three ADA curb ramp improvements  Versailles Drive to Memorial Drive: condition 1 requiring no paving rehabilitation CIP No. 68 Nash Road/Tres Pinos Storm Drain Upgrade; consists of replacing approximately 2,920 LF of 36-inch storm drain with 48-inch storm drain pipe.

Utility Project #9 –Sunset Drive
CIP No. 33 Sunset Drive Sewer Upgrade: consists of replacing approximately 5,800 LF of 6-inch and 600 LF of 8-inch pipe with 10-inch and 12-inch pipe along Sunset Drive from Sunnyslope Road to Tiburon Drive. The pavement condition assessment designated this segment of roadway as condition 1 requiring no paving rehabilitation.

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CAPITAL IMPROVEMENT PROJECT PROGRAM

STORM DRAIN
1 ST PRIORITY PROJECT

2. MONTEREY AND HAWKINS ST UPGRADE 21. SAN BENITO & 6TH UPGRADE

4. SAN BENITO & HAYDON UPGRADE
2ND PRIORITY PROJECT

14. KNIGHT LANE 19. POWELL STREET

68. SUNNYSLOPE ROAD 27. SAN FELIPE

70. HILLCREST ROAD 28. SOUTH STREET

69. HAWKINS STREET
3RD PRIORITY PROJECT

7. AIRWAY POND 17. MILLER ROAD
SEWER

NEAR TERM PROJECT

34. 2ND AND EAST LIFT STATION UPGRADE

31. LINE STREET SEWER PIPE UPGRADE 35. POWELL STREET SEWER PIPE UPGRADE HA I ND .
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31. LINE STREET SEWER PIPE UPGRADE 40. MILLER ROAD SEWER PIPE UPGRADE 3

34. 2ND AND EAST LIFT STATION UPGRADE 45. FALLON ROAD SEWER PIPE UPGRADE 2

39. HILLCREST ROAD SEWER PIPE UPGRADE 46. KIRK PATRICK TO GLP SEWER PIPE UPGRADE 1

66. SAN JUAN ROAD SEWER PIPE UPGRADE f--------------------+-------------------j3RD PRIORITY PROJECT WATER 53. BALL COURT

54. HAMIL TON COURT
1 ST PRIORITY PROJECT 55. PARK STREET

50. SAN FELIPE ROAD PIPELINE/AIRPORT-INDUSTRIAL AREA 51. WALNUT LANE 56. WEST STREET

67. EAST STREET

WATER MAIN FIRE UPGRADES
2ND PRIORITY PROJECT

52. EAST AIRPORT INDUSTRIAL 60. SOUTH STREET CITY LIMITS

GRIND & OVERLAY

CAPE SEAL

CAPE SEAL

NO TREATMENT

NO TREATMENT

63. BRANDY COURT

64. LOCUST AVENUE

65. QUAIL RUN

70. REPLACE 16-INCH CAST IRON

57. HAZEL STREET 61. SUITER STREET

58. MONTEREY STREET 62. NORTH AIRPORT-INDUSTRIAL SAN BENITO COUNTY JURISDICTION Kimley >>> Horn
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FEBRUARY 2022

CITY OF HOLLISTER
EXHIBIT A -2022/2023 PAVEMENT REHABILITATION SECTIONS

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 23, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17

TITLE OF ITEM: RESOLUTION NO. 2022-35, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE BIDS RECEIVED,

APPROVE A SUPPLEMENT AL APPROPRIATION, AND AWARD A CONTRACT IN THE AMOUNT OF $409,576.00 TO MONTEREY PENINSULA ENGINEERING AND

AUTHORIZE THE EXECUTION OF THE CONTRACT AND CHANGE ORDERS FOR THE FREMONT WAY REHABILITATION PROJECT, CIP C2102

BRIEF DESCRIPTION: This resolution will accept the bids opened on February 15, 2022, approve a supplemental appropriation and award and authorize the execution of a contract with Monterey Peninsula Engineering.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approving a supplemental appropriation, and awarding the contract to Monterey Peninsula Engineering for the Fremont Way Rehabilitation Project, CIP C2102

DEPARTMENT SUMMARY:

On December 20, 2021, CIP C2102, also known as the “Fremont Way Rehabilitation Project” was approved by the City Council and staff was authorized to call for sealed bids.

On February 15, 2022, eight (8) bids were received. The lowest bid was received from Monterey Peninsula Engineering of Marina, CA in the amount of $409,576.00. The other bids ranged from $444,800.00 to $655,300.00. The bid tabulation is attached. The Engineer’s estimate for this project was $544,000.00

Staff is requesting the City Council do the following: Accept the bids received, award the contract to the lowest responsive bidder, and authorize the Mayor to execute the contract with Monterey Peninsula Engineering and authorize the City Manager to execute contract change orders not exceeding $61,000.00 as necessary for the timely completion of this project.

The supplemental appropriation includes the contingency of $61,000.00 and the construction contract in the amount of $409,576.00 for a total appropriation of $470,576.00.

FINANCIAL IMPACT: Expenditures of $$470,576.00 from fund 660

CEQA: N/A

ATTACHMENTS:

1. Bid Results_Fremont Way Rehab CIP C2102
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2. Budget Trasfer Appropriation Form-fremont way rehab award 03072022

3. Monterey Peninsula Eng Construction Contract

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

ACCEPT THE BIDS RECEIVED, APPROVE A SUPPLEMENTAL APPROPRIATION, AND AWARD A CONTRACT IN THE AMOUNT OF $409,576.00 TO MONTEREY

PENINSULA ENGINEERING AND AUTHORIZE THE EXECUTION OF THE

CONTRACT AND CHANGE ORDERS FOR THE FREMONT WAY REHABILITATION PROJECT, CIP C2102

WHEREAS, on December 20, 2021, the City Council authorized staff to solicit bids for the Fremont Way Rehabilitation Project, CIP C2102; and

WHEREAS, on January 10, 2022, staff called for sealed bids; and

WHEREAS, on February 15, 2022, eight (8) bids were received; and

WHEREAS, the lowest bid was received from Monterey Peninsula Engineering; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids, awards a contract to Monterey Peninsula Engineering of Marina, CA for the bid amount of $409,576.40 and approves a supplemental appropriation in the amount of 470,576.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the Mayor to execute a contract with Monterey Peninsula Engineering and authorizes the City Manager to execute change orders in aggregate not exceeding an increase in the contract of more than $61,000.00.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-35, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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Item #Item Description QTY UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 00001 MOBILIZATION/DEMOBILIZATION 1 LS $35,000.00 $35,000.00 $10,692.00 $10,692.00 $35,000.00 $35,000.00 $12,000.00 $12,000.00 $16,000.00 $16,000.00 $14,000.00 $14,000.00 $12,395.00 $12,395.00 $15,000.00 $15,000.00 00002 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS 1 LS $8,500.00 $8,500.00 $9,500.00 $9,500.00 $5,000.00 $5,000.00 $16,100.00 $16,100.00 $12,000.00 $12,000.00 $38,863.00 $38,863.00 $29,240.00 $29,240.00 $102,000.00 $102,000.00 00003 PREPARE WATER POLLUTION CONTROL PROGRAM 1 LS $3,500.00 $3,500.00 $850.00 $850.00 $5,000.00 $5,000.00 $4,600.00 $4,600.00 $5,400.00 $5,400.00 $2,000.00 $2,000.00 $24,100.00 $24,100.00 $5,000.00 $5,000.00 00004

REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER,
SIDEWALK)1977 SF $12.00 $23,724.00 $6.00 $11,862.00 $10.15 $20,066.55 $7.00 $13,839.00 $5.72 $11,308.44 $7.00 $13,839.00 $9.50 $18,781.50 $13.00 $25,701.00 00005 ROADWAY EXCAVATION 267 CY $110.00 $29,370.00 $265.00 $70,755.00 $75.00 $20,025.00 $177.00 $47,259.00 $91.85 $24,523.95 $330.00 $88,110.00 $291.50 $77,830.50 $101.00 $26,967.00 00006 HOT MIX ASPHALT (TYPE A,1/2&QUOT; MAX)250 TN $200.00 $50,000.00 $208.00 $52,000.00 $320.00 $80,000.00 $280.00 $70,000.00 $162.20 $40,550.00 $315.00 $78,750.00 $325.00 $81,250.00 $556.00 $139,000.00 00007 CLASS II AGGREGATE BASE 159 CY $145.00 $23,055.00 $205.00 $32,595.00 $125.00 $19,875.00 $206.00 $32,754.00 $104.05 $16,543.95 $230.00 $36,570.00 $340.00 $54,060.00 $350.00 $55,650.00 00008

MINOR CONCRETE (CURB AND GUTTER) (CITY OF
HOLLISTER DETAIL A-8-1)71 LF $85.00 $6,035.00 $133.00 $9,443.00 $70.00 $4,970.00 $86.00 $6,106.00 $112.68 $8,000.28 $60.00 $4,260.00 $53.25 $3,780.75 $50.00 $3,550.00 00009

MINOR CONCRETE (SIDEWALK) (CITY OF HOLLISTER DETAIL
A-9-2)475 SF $23.00 $10,925.00 $31.00 $14,725.00 $21.00 $9,975.00 $12.00 $5,700.00 $15.92 $7,562.00 $10.00 $4,750.00 $16.75 $7,956.25 $20.00 $9,500.00 00010

MINOR CONCRETE (VALLEY GUTTER) (CITY OF HOLLISTER
DETAIL A-8-1)2047 SF $18.00 $36,846.00 $23.00 $47,081.00 $19.55 $40,018.85 $28.00 $57,316.00 $15.58 $31,892.26 $21.00 $42,987.00 $18.75 $38,381.25 $38.00 $77,786.00 00011

MINOR CONCRETE (DRIVEWAY) (CITY OF HOLLISTER
DETAIL A-10)212 SF $40.00 $8,480.00 $35.00 $7,420.00 $47.00 $9,964.00 $29.00 $6,148.00 $33.49 $7,099.88 $21.00 $4,452.00 $21.00 $4,452.00 $30.00 $6,360.00 00012 MINOR CONCRETE (3 INCH RETAINING CURB)49 LF $95.00 $4,655.00 $83.00 $4,067.00 $102.00 $4,998.00 $48.00 $2,352.00 $51.02 $2,499.98 $40.00 $1,960.00 $31.50 $1,543.50 $30.00 $1,470.00 00013
RECONSTRUCT 4&QUOT; UNDERDRAIN PIPE (CITY OF
HOLLISTER DETAIL D-6)9 LF $75.00 $675.00 $129.00 $1,161.00 $220.00 $1,980.00 $163.00 $1,467.00 $66.67 $600.03 $35.00 $315.00 $60.00 $540.00 $175.00 $1,575.00 00014 ADJUST UTILITY TO GRADE 2 EA $1,650.00 $3,300.00 $565.00 $1,130.00 $2,500.00 $5,000.00 $620.00 $1,240.00 $1,250.00 $2,500.00 $400.00 $800.00 $2,550.00 $5,100.00 $2,400.00 $4,800.00 00015 SANITARY SEWER DEMOLITION 1 LS $10,000.00 $10,000.00 $9,700.00 $9,700.00 $5,000.00 $5,000.00 $18,400.00 $18,400.00 $29,100.00 $29,100.00 $15,000.00 $15,000.00 $38,790.00 $38,790.00 $3,000.00 $3,000.00 00016 TYPE 1 STANDARD SANITARY SEWER MANHOLE 3 EA $5,750.00 $17,250.00 $7,119.00 $21,357.00 $15,000.00 $45,000.00 $13,630.00 $40,890.00 $15,200.00 $45,600.00 $12,000.00 $36,000.00 $11,200.00 $33,600.00 $10,100.00 $30,300.00 00017 4&QUOT; SEWER SERVICE 1 LS $2,300.00 $2,300.00 $2,074.00 $2,074.00 $5,000.00 $5,000.00 $2,800.00 $2,800.00 $7,000.00 $7,000.00 $7,500.00 $7,500.00 $1,065.00 $1,065.00 $3,430.00 $3,430.00 00018 8&QUOT; PVC SANITARY SEWER PIPE 374 LF $93.00 $34,782.00 $127.00 $47,498.00 $160.00 $59,840.00 $140.00 $52,360.00 $267.00 $99,858.00 $198.00 $74,052.00 $125.00 $46,750.00 $145.00 $54,230.00 00019 8&QUOT; DIP SANITARY SEWER PIPE 184 LF $216.00 $39,744.00 $199.00 $36,616.00 $218.00 $40,112.00 $200.00 $36,800.00 $360.00 $66,240.00 $239.00 $43,976.00 $345.00 $63,480.00 $174.00 $32,016.00 00020
8&QUOT; DOUBLE BALL FLEX-TEND FLEXIBLE EXPANSION
JOINT 1 LS $10,500.00 $10,500.00 $16,920.00 $16,920.00 $2,000.00 $2,000.00 $14,500.00 $14,500.00 $18,800.00 $18,800.00 $14,000.00 $14,000.00 $15,215.00 $15,215.00 $24,000.00 $24,000.00 00021 MODIFIED DROP INLET 2 EA $2,100.00 $4,200.00 $3,040.00 $6,080.00 $5,000.00 $10,000.00 $6,650.00 $13,300.00 $6,000.00 $12,000.00 $4,500.00 $9,000.00 $2,800.00 $5,600.00 $3,800.00 $7,600.00 00022 MODFIED DROP INLET - BUBBLE-UP 1 EA $2,100.00 $2,100.00 $2,975.00 $2,975.00 $5,000.00 $5,000.00 $7,830.00 $7,830.00 $6,000.00 $6,000.00 $4,500.00 $4,500.00 $3,360.00 $3,360.00 $4,100.00 $4,100.00 00023 TYPE 2 STANDARD STORM DRAIN MANHOLE 1 EA $6,100.00 $6,100.00 $4,784.00 $4,784.00 $20,000.00 $20,000.00 $13,800.00 $13,800.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 $10,640.00 $10,640.00 $10,200.00 $10,200.00 00024 6" PVC STORM DRAIN 367 LF $105.00 $38,535.00 $64.00 $23,488.00 $109.00 $40,003.00 $74.00 $27,158.00 $145.00 $53,215.00 $115.00 $42,205.00 $114.00 $41,838.00 $33.00 $12,111.00 Bid List $409,576.00 $444,773.00 $493,827.40 $504,719.00 $534,293.77 $586,889.00 $619,748.75 $655,346.00 Total Bid $409,576.00 $444,773.00 $493,827.40 $504,719.00 $534,293.77 $586,889.00 $619,748.75 $655,346.00 Pipe-Net, Inc.

Gilroy, CA
$216,912.06
QA Constuctors
San Francisco, CA
$139,981.91
Abels Concrete
Prunedale, CA
License No: 642250
Asphalt Construction
Auberry, CA
$59,259.29
Able Construction Group
Inc
1020 Ruff Drive
San Jose, CA 95110
$7,570.79
Alfred Civil Eng
Citrus Heights, CA
$70,660.66
Mid Coast Engineers
Watsonville, CA
$5,047.19
Moore Twining Assoc
Sand City, CA
$5,047.19
Listed Subs
Bid item list

US US US
Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review

US US US US
3826 Depot Rd 964 Stockton Avenue
marina, CA 93933 San Jose, CA 95138 Auberry, CA 93602 San Juan Bautista, CA Gilroy, CA Hayward, CA 94545 San Jose, CA 95110 Livermore, CA 192 Healy Avenue 5225 Hellyer Avenue - Suite 31825 Auberry Road Fremont Way Rehabilitation Project, CIP C2102
Owner:City of Hollister
Bid Opening:2022-02-15 * marks an allowance Monterey Peninsula Granite Rock Company - Rehak General Engineering Precision Grade McKim Corporation Golden Bay Construction, Wattis Construction FBD Vanguard Construction F.9.a
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)
Fiscal Year: 2021/2022

Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves 660 300101 470,576
Improvements 660 9000 750050 C2102 470,576

Explanation of Transaction:

Supplemental appropriation request to provide funding for the Fremont Way Rehabilitation Project, CIP C2102.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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1 CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT, entered into on March 7, 2022 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and Monterey Peninsula Engineering ("Contractor"), is made with reference to the following:

R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted u nder the statutes of the State of California.

B. Contractor is a corporation duly organized and in good standing in the State of California, License Number 972425. Contractor is a [general contractor with a A. B. and HAZ contractor’s license, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On January 11, 2022, City issued a Notice Inviting Bids to contractors for the Fremont Way Rehabilitation Project. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non-Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); Insurance Requirements (Exhibit 11); and Additional Contract Requirements (if applicable) (Exhibit 12).

D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the General Conditions, and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.

E. City and Contractor desire to enter into this Construction Contract for the Fremont Way Rehabilitation Project , CIP 2102, and other services, as identified in the in the Bid Documents for the Fremont Way Rehabilitation Project upon the following terms and conditions.

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2 NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals set forth above are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.

SECTION 2 THE PROJECT.

The project will reconstruct Fremont Way between Locust Avenue and West Street in the City of Hollister. The project also includes replacement of the sewer main under Fremont Street. The project will reconstruct the street, install drainage improvements, and reconstruct the driveways at both ends of Fremont Street. New roadway improvements will be conformed to private driveways. ("Project").

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Bids
(ii) Executed Construction Contract between City and Contractor. (iii) Instructions to Bidders
(iv) Statement of Work
(v) Items of Construction
(vi) Designation of Subcontractors
(vii) Non-Collusion Declaration
(viii) General Conditions
(ix) Special Provisions and Technical Specifications.
(x) Performance and Payment Bonds.
(xi) Insurance Forms.
(xii) Plans and Drawings.
(xiii) Reports listed in the Bidding Documents.
(xiv) Supplements, Attachments, and Exhibits attached to the above items.

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3 (xv) Modifications.
(xvi) Change Orders.
(xvii) Field Directives

SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within SIXTY (60) WORKING days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).

6.4 Liquidated Damages.

6.4.1 Entitlement.

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4 City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages. Liquidated damages accrue starting on the 1st day after the expiration of working days. Liquidated damages will be assessed using the Liquidated Damages table in the Section 8-1.10A of the Caltrans Standard Specifications, until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.4.5 Damages upon Abandonment.

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5 In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.

6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.5 Adjustments to Contract Time of Completion.

The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

6.6 Additional Compensation to Contractor.

The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.

Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:
(i) Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
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6 (ii) Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the total Contract Sum of Four Hundred Nine Thousand, Five Hundred Seventy Six Dollars ($409,576.00) (the “Contract Sum”).

7.2 Full Compensation.

The Contract Sum shall be full compensation for all Work provided by Contract or and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents;
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7 (iii) The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub- subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v) Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 herein shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; and (ii) [blank]
SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorne y. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.

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8 partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:

City of Hollister, Development Services Department Engineering Division 339 Fifth St.

Hollister, CA 95023
Attention: Renee Perales, Project Manager
Re: Fremont Way Rehabilitation Project, CIP C2006
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

City of Hollister, City Attorney Office
375 Fifth St.

Hollister, CA 95023
Attention: Jason S. Epperson, City Attorney
Re: Fremont Way Rehabilitation Project, CIP C2006

All such Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:

Peter Taormina
Monterey Peninsula Engineering
192 Healy Avenue
Marina, CA 93933
Re: Fremont Way Rehabilitation Project, CIP C2006
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9 13.3 Change of Address.

In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104- 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

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10 14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the General Conditions.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.

Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in the General Conditions.

14.4.2. Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity 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 City and the claimant sharing the associated costs equally.

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11 The City and the claimant shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those 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. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City 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.

14.4.4 Binding Arbitration.

If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5. .2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein.

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12 .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2).

Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, F.9.c
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13 any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

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14 16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

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15 16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a F.9.c
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16 Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph

6.6 of this Construction Contract.

.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; F.9.c
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17 (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or F.9.c
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18 Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take- offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

SECTION 21 PERMITS AND LICENSES.

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19 Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

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20 This contract does not have special fund(s) involved requiring additional contract requirements, therefore this section does not apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
 Community Development Block Grant (CDBG)
 Housing and Urban Development (HUD)
 [Blank]
 Other: ___________________________

Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM- SB 854
In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .

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21 SECTION 31 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 32 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 33 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.

Exhibit 4 – Statement of Work.

Exhibit 5 – Items of Construction.

Exhibit 6 – Designation of Subcontractor.

Exhibit 7 – Non-Collusion Declaration.

Exhibit 8 – General Conditions.

Exhibit 9 – Special Provisions and/or Technical Specifications.

Exhibit 10 – Payment and Performance Bonds.

Exhibit 11 – Insurance Requirements.

Exhibit 12 – Additional Contract Requirements (if applicable).

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22 IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF HOLLISTER,
a municipal corporation

By: ____________________________
Ignacio Velazquez, Mayor

APPROVED AS TO FORM:

By: __________________________
Jason S. Epperson, City Attorney

ATTEST:

By: ____________________________
Christine Black, MMC, City Clerk

MONTEREY PENINSULA ENGINEERING

__________________________________
By _______________________________
Title _____________________________

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EXHIBIT 1
Notice Inviting Sealed Bids
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NOTICE INVITING SEALED BIDS
for the
Fremont Way Rehabilitation Project, CIP C2102
The City Council of the City of Hollister invites sealed bids for the Fremont Way Rehabilitation Project, CIP No. C2102
The City of Hollister Fremont Way Rehabilitation Project, CIP C2102 consists of a reconstruction of Fremont Way between West Street and Locust Avenue. This section of roadway is approximately 550’ in length and functions as an alley, providing access to a number of properties. The sanitary sewer line in the alley is aging and needs to be replaced, so the City would like to take this opportunity to replace the pavement and drainage at the same time.

All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.

The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.

Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.

Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classi fication, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

All proposals or bids shall be accompanied by cash, cashier’s or certified check payable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before 3:00 pm on February 15, 2022, said time being at least ten (10) days from the first publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening Notice Inviting Sealed Bids Page 1
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date.

A non-mandatory Pre-bid conference will be held at City Hall located at 375 Fifth Street, Hollister, CA on January 25, 2022 at 10:00 a.m. The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on February 9, 2022. Questions must be received prior to this time and date by e-mail at [email protected]. All questions received after this date and time will not be answered.

The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.

Due to Covid-19, seating is limited in the City Council Chambers. To attend the pre-bid or bid opening meeting by zoom, please use the links below.

Pre-bid Meeting
Time: Jan 25, 2022 10:00 AM Pacific Time (US and Canada)

Join Zoom Meeting
https://zoom.us/j/92260691907?pwd=dzFaa1E4TWMxdkN4MGdhV0Y2Rlk0Zz09

Meeting ID: 922 6069 1907
Passcode: hq2gss

Bid Opening
Time: Feb 15, 2022 03:00 PM Pacific Time (US and Canada)

Join Zoom Meeting
https://zoom.us/j/99122235575?pwd=dkRNdGYvUUhlSE04dTFiTnoxUWRudz09

Meeting ID: 991 2223 5575
Passcode: cqvRE3

Dated: January 6, 2022
Christine Black, MMC
City Clerk of the City of Hollister Published: January 14, 2022 and January 21, 2022

Notice Inviting Sealed Bids Page 2
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EXHIBIT 2
Contractor’s Bid
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PROPOSAL TO CITY OF HOLLISTER
To the Honorable City of Hollister Council
The undersigned as bidder declares that he has carefully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted, to contract with the City of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials (except those specifically mentioned to be furnished by the City}, necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled: FREMONT WAY REHABILITATION PROJECT.

Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof. The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:

Item
No.
1 2
3 4
5 6
7 8
9 10
11 12
13 Fremont Way Rehabilitation Project, CIP C2102
Base Bid Schedule
Approx.

Item DescriDtion Qtv. Units Unit Price Bid Amount

MOB I LIZA TION/DEMOBILIZA TION
$ ~S",0 o o $ ~ S 00.::> 1 LS
TRAFFIC CONTROL AND $ ~5"00 $ ~ s-oo CONSTRUCTION AREA SIGNS 1 LS PREPARE WATER POLLUTION $~-r:;-oo $ ~c;-oo CONTROL PROGRAM 1 LS

REMOVE CONCRETE (CURB AND
GUTTER, VALLEY GUTTER, $ rz... $ L"::> ;7 -Z.. 'i
SIDEWALK) 1,977 SF
ROADWAY EXCAVATION 267 CY
.r~o --$ 0 $~,o
I oo
HOT MIX ASPHALT (TYPE A, 1/2" MAX) 250 TON $ 200 $ soiooo CLASS II AGGREGATE BASE 159 CY $ \ L-\ '-:) $2S,OS"5""

MINOR CONCRETE (CURB AND
~S"" $ bPsc;-GUTTER) (CITY OF HOLLISTER $
DETAIL A-8-1) 71 LF
MINOR CONCRETE (SIDEWALK) $ l) $ \De\ z_ ·-(CITY OF HOLLISTER DETAIL A-9-2) 475 SF I ') MINOR CONCRETE {VALLEY
\ '3 $ jb/61-\(,, GUTTER) (CITY OF HOLLISTER $
DETAILA-8-1) 2,047 SF
MINOR CONCRETE (DRIVEWAY) $ l\O $ ~ L\ '60 (CITY OF HOLLISTER DETAIL A-10) 212 SF ' MINOR CONCRETE (3 INCH $ C\c;-$ 4J,S-<:, RETAINING CURB) 49 LF RECONSTRUCT 4" UNDERDRAIN PIPE $ 7c; $ \a' S-(CITY OF HOLLISTER DETAIL D-6) 9 LF Bid/Proposal -Page 1

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Item Approx.

No. Item Description Qty. Units Unit Price Bid Amount
14 ADJUST UTILITY TO GRADE 2 EA $ \ Jt1 S-0 $ 3:)00
15 SANITARY SEWER DEMOLITION 1 LS $ \ 0, OOD $ \0 ,000
16 TYPE 1 STANDARD SANITARY $ s ,s-o $ \ t 2 .:;o SEWER MANHOLE 3 EA I 17 4" SEWER SERVICE 1 LS $ (_,~()0 $ 2 ~OD
18 8" PVC SANITARY SEWER PIPE 374 LF $ C\ 7=> $ 3L\;7~1 19 8" DIP SANITARY SEWER PIPE 184 LF $ 2\'7 $~l\,7L..\~ 20 8" DOUBLE BALL FLEX-TEND $ l O 1S-00 $ \ 0 l ')OU FLEXIBLE EXPANSION JOINT 1 LS 21 MODIFIED DROP INLET 2 EA $ 2\oO $ L\ 1..D O
22 MODFIED DROP INLET -BUBBLE-UP 1 EA $ -z__~oo $ 2-tOO 23 TYPE 2 STANDARD STORM DRAIN $ (o\00 $ ~\00 MANHOLE 1 EA 24 6" PVC STORM DRAIN 367 LF $ \0 s-$~'o . .S~5
BASE BID TOTAL: This Base Bid Total is the amount to compare all bidders.

Items 1 thru 24 inclusive of all work incidental thereto and connect therewith « l.AC:i--\,~ 7 6 BASE BID TOTAL: $ ·t:\o 8': , ·7 S: b-
BASE BID WRITTEN OUT ~ vv< ~u l\6,( t'& '(\ .d\L \Y\v \J ';:,~J\t; '\-',vt. ~\)l\~le,,"o. S<cVU\~ s d .

The bid prices given are to be considered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Care has been taken to include all construction as described in the Contract Documents as Bid Items.

For any structure, fitting , accessory, etc. that is not clearly included in a bid item, the Contractor shall include it as a part of the most appropriate bid item .

Peter J. Taormina, Manager
Name and Title of Bidder
Bid/Proposal -Page 2

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Monterey Peninsula Engineering
Company
All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.

The "Base Bid Total" number will be compared to determine basis of bid and lowest responsive bidder.

Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reserves the right to add all, some or no Add Alternates during award of the project.

The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.

Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received. fYl
Addendum No. 1 ijl____ AddendumNo.3 __ _
Addendum No. 2 ¥dendum No. 4 __ _
The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage pver any other bidder.

The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. It is agreed that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof.

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The names of all persons interested in the foregoing proposal as principals are as follows:

NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.

Bidder presently possesses the following license(s) (please state class and License number for each class)
will
Peter J. Taor ager
NOTE: If bidder is c rporation, the legal name of the corporation shall be set forth together with the signature of h officer or officers authorized to sign contracts on behalf of the corporation: If Bid/Proposal -Page 3

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bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an individual, his signature shall be placed above. 192 Healy Ave.,
Business Address: Marina, CA. 93933 Business Phone: 831-384:4081 Email Address: [email protected]
Dated: February 15 , 2022
The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from said City that the contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract. and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.

Enclosed find cash, certified check, cashier's check or bidder's bond which is not less than ten per cent (10%) of this bid, payable to the City Clerk and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

Bid/Proposal -Page 4

EXHIBIT 3
Instructions to Bidders
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ITB – 1

INSTRUCTIONS TO BIDDERS

A) GENERAL INFORMATION

The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 pm on February 15, 2022, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Fremont Way Rehabilitation Project, CIP C2102” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:

Said bids will be referred to and considered by the city council within 60 calendar days from said bid opening date.

B) PROPOSAL FORMS

All proposals must be made upon the “Schedule of Proposal” contained within the specifications.

All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.

C) BIDDER'S GUARANTY AND RETURN OF GUARANTY

All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.

Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.

D) CONTRACT BONDS

Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful performance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.

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ITB – 2

In lieu of said faithful performance bond for maintenance, the Contractor may furnish a maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period. Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

E) REJECTION OF PROPOSALS CONTAINING ALT ERATIONS, ERASURES OR

IRREGULARITIES

Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.

The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.

F) AWARD OF CONTRACT

The award of the contract, if it is awarded, will be made within Sixty (60) calendar days after the opening of the proposals.

G) EXECUTION OF CONTRACT

The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

H) STANDARD SPECIFICATIONS

The work embraced herein shall be done in accordance with the appropriate provisions of the City of Hollister standard specifications dated May 1992, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.

The APWA Green Book Specifications are available for Inspection at the City Engineer's Office, 339 Fifth Street, Hollister, California, (mailing address: 375 Fifth Street, Hollister, California, 95023) or may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.

The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS dated March 9, 2018, are hereby incorporated into these specifications.

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ITB – 3

I) SUPPLEMENTAL PLANS AND SPECIFICATIONS

A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), May 2015 edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.

J) EXAMINATION OF PL ANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK

The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.

K) WORKERS' COMPENSATION INSURANCE

Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.

L) LIABILITY INSURANCE

Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.

M) PREVAILING WAGES APPLICABLE

Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.

Prior to award of contract, Contractor shall provide proof of on-line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’ legal name, registration number, license type/number(s), registration date, and expiration date.

Proof of DIR registration is not required to be submitted with the Bid.

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ITB – 4

O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.

P) HOURS OF CONSTRUCTION

In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:

• 7:00 A.M. and 6:00 P.M. Monday through Friday
• 8:00 A.M. and 6:00 P.M. Saturday
• Work is prohibited on Sundays and Federal Holidays
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EXHIBIT 4
Statement of Work

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SOW - 1

STATEMENT OF WORK

A)LOCATION
Fremont Way between Locust Avenue and West Street in the City of Hollister

B)DESCRIPTION OF WORK
The project will reconstruct Fremont Way between Locust Avenue and West Street in the City of Hollister. The project also includes replacement of the sewer main under Fremont Street. The project will reconstruct the street, install drainage improvements, and reconstruct the driveways at both ends of Fremont Street. New roadway improvements will be conformed to private driveways.

C)CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual.

No hard copy sets will be provided to the Contractor.

D)FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.

E)TIME FOR COMPLETION
Work shall begin within ten (10) days after the written “Notice to Proceed” has been received by the Contractor.

The work shall be diligently prosecuted to completion before the expiration of sixty (60) working days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.

Contractor shall provide a project schedule at the construction kick -off meeting.

F)REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.

G)DELETION OF CONSTRUCTION ITEMS
The City reserves the option to delete any item or items of construction in entirety without penalty.

Section 2, “Scope of Work” of the Standard Specifications shall not apply.

Statement of Work
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EXHIBIT 5
Items of Construction

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ITEMS OF CONSTRUCTION
Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as specified herein.

All work is paid for through corresponding bid items and no additional compensation shall be provided.

1.MOBILIZATION/DEMOBILIZATION
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MOBILIZATION/DEMOBILIZATION shall be measured on a lump sum basis.

Payment: Payment for MOBILIZATION/DEMOBILIZATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MOBILIZATION/ DEMOBILIZATION. MOBILIZATION/DEMOBILIZATION shall be compensated according to the following schedule: 70% for completion of mobilization and 30% for completion of demobilization. Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobi lization. There will be no additional cost for mobilization/demobilization if added alternate work is included.

2.TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall be measured on a lump sum basis.

Payment: Payment for TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CONTROLAND CONSTRUCTION AREA SIGNS. TRAFFIC CONTROL AND CONSTRUCTOIN AREA SIGNS shall be compensated according to the following schedule: 70% for set up of traffic control and construction area signs and 30% for completion of traffic control and removal of construction area signs.

3.PREPARE WATER POLLUTION CONTROL PROGRAM
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and oth er construction facilities; all as required for the proper performance and completion of the work.

Measurement: PREPARE WATER POLLUTION CONTROL PROGRAM shall be measured on a lump sum basis.

Payment: Payment for PREPARE WATER POLLUTION CONTROL PROGRAM shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in PREPARE WATER POLLUTION CONTROL PROGRAM.

4.REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Items of Construction
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Measurement: REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) shall be measured on a square foot basis.

Payment: Payment for REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK), at locations as directed by the Engineer.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

5. ROADWAY EXCAVATION

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: ROADWAY EXCAVATION shall be measured on a cubic yard basis. This is a final pay bid item.

Payment: Payment for ROADWAY EXCAVATION shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE CONCRETE (SIDEWALK), at locations as directed by the Engineer.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

6. HOT MIX ASPHALT (TYPE A, ½” Max)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: HOT MIX ASPHALT (TYPE A, ½” MAX) shall be measured on a tonnage basis.

Payment: Payment for HOT MIX ASPHALT (TYPE A, ½” MAX) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in HOT MIX ASPHALT (TYPE A, ½” MAX).

7. CLASS II AGGREGATE BASE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: CLASS II AGGREGATE BASE shall be measured on a cubic yard basis.

Aggregate base placed as part of minor concrete, including under curb and gutter, sidewalk, driveways, and retaining curb is considered as included in the contract price paid for those items of work, and it will not be measured and paid for separately.

Payment: Payment for CLASS II AGGREGATE BASE include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CLASS II Items of Construction
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AGGREGATE BASE, including procuring, furnishing and placing aggregate base for roadway improvements, at locations specified by the Engineer.

8. MINOR CONCRETE (CURB AND GUTTER)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (CURB AND GUTTER) shall be measured on a linear foot basis.

Payment: Payment for MINOR CONCRETE (CURB AND GUTTER) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MINOR CONCRETE (CURB AND GUTTER), including furnishing and placing aggregate base, at locations as directed by the Engineer.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

9. MINOR CONCRETE (SIDEWALK)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (SIDEWALK) shall be measured on a square foot basis.

Payment: Payment for MINOR CONCRETE (SIDEWALK) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (SIDEWALK), including furnishing and placing aggregate base, at locations as directed by the Engineer.

Payment adjustments based on quantity changes does not apply to this item. No adjustment i n unit price will be made for either an increase or decrease in the final quantity.

10. MINOR CONCRETE (VALLEY GUTTER)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (VALLEY GUTTER) shall be measured on a square foot basis.

Payment: Payment for MINOR CONCRETE (VALLEY GUTTER) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (VALLEY GUTTER), at locations as directed by the Engineer.

Aggregate base placed under valley gutter is measured and paid for as valley gutter.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

11. MINOR CONCRETE (DRIVEWAY)

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction Items of Construction
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IOC- 4

facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (DRIVEWAY) shall be measured on a square foot basis.

Payment: Payment for MINOR CONCRETE (DRIVEWAY) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (DRIVEWAY), including furnishing and placing aggregate base, at locations as directed by the Engineer.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

12. MINOR CONCRETE (3 INCH RETAINING CURB)

This work shall consist of the obtaining of all bonds, insurance, and permits ; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MINOR CONCRETE (3 INCH RETAINING CURB) shall be measured on a linear foot basis.

Payment: Payment for MINOR CONCRETE (3 INCH RETAINING CURB) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MINOR CONCRETE (3 INCH RETAINING CURB), including furnishing and placing aggregate base, at locations as directed by the Engineer.

Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

13. RECONSTRUCT 4” UNDERDRAIN PIPE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: RECONSTRUCT 4” UNDERDRAIN PIPE shall be measured on a linear foot basis.

Payment: Payment for RECONSTRUCT 4” UNDERDRAIN PIPE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RECONSTRUCT 4” UNDERDRAIN PIPE, including furnishing and installing connections, at locations as directed by the Engineer.

14. ADJUST UTILITY TO GRADE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: ADJUST UTILITY TO GRADE shall be measured on an each basis.

Payment: Payment for ADJUST UTILITY TO GRADE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ADJUST UTILITY TO GRADE, at locations as directed by the Engineer.

Items of Construction
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Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.

15. SANITARY SEWER DEMOLITION AND MAINTENANCE OF SERVICES

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work. This work includes sanitary sewer line and surface equipment removal as directed by the Engineer.

Measurement: SANITARY SEWER DEMOLITION shall be measured on a lump sum basis.

Payment: Payment for SANITARY SEWER DEMOLITION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SANITARY SEWER DEMOLITION, at locations as directed by the Engineer. This item of work includes all work necessary to maintain sewer services, including work associated with temporary stoppage of services.

16. TYPE 1 STANDARD SANITARY SEWER MANHOLE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: TYPE 1 STANDARD SANITARY SEWER MANHOLE shall be measured on an each basis.

Payment: Payment for TYPE 1 STANDARD SANITARY SEWER MANHOLE TOP shall include full compensation for providing all labor, materials, to ols, equipment and incidentals, and for doing all the work involved in TYPE 1 STANDARD SANITARY SEWER MANHOLE, at locations as directed by the Engineer.

17. 4” SEWER SERVICE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: 4” SEWER SERVICE shall be measured on a lump sum basis.

Payment: Payment for 4” SEWER SERVICE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in 4” SEWER SERVICE, including furnishing and installing connections, at locations as directed by the Engineer.

18. 8” PVC SANITARY SEWER PIPE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: 8” PVC SANITARY SEWER PIPE shall be measured on a linear foot basis.

Payment: Payment for 8” PVC SANITARY SEWER shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in 8” PVC SANITARY SEWER, at locations as directed by the Engineer.

Items of Construction
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19. 8” DIP SANITARY SEWER PIPE

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: 8” DIP SANITARY SEWER PIPE shall be measured on a linear foot basis.

Payment: Payment for 8” DIP SANITARY SEWER shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in 8” DIP SANITARY SEWER, at locations as directed by the Engineer.

20. 8” DOUBLE BALL FLEX-TEND FLEXIBLE EXPANSION JOINT

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: 8” DOUBLE BALL FLEX-TEND FLEXIBLE EXPANSION JOINT shall be measured on a lump sum basis.

Payment: Payment for 8” DOUBLE BALL FLEX-TEND FLEXIBLE EXPANSION JOINT shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in 8” DOUBLE BALL FLEX-TEND FLEXIBLE EXPANSION JOINT, at locations as directed by the Engineer.

21. MODIFIED DROP INLET

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MODIFIED DROP INLET shall be measured on an each basis.

Payment: Payment for MODIFIED DROP INLET shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MODIFIED DROP INLET, at locations as directed by the Engineer.

22. MODIFIED DROP INLET – BUBBLE-UP

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: MODIFIED DROP INLET– BUBBLE-UP shall be measured on an each basis.

Payment: Payment for MODIFIED DROP INLET – BUBBLE-UP shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MODIFIED DROP INLET– BUBBLE-UP, at locations as directed by the Engineer.

23. TYPE 2 STANDARD STORM DRAIN MANHOLE
Items of Construction
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This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: TYPE 2 STANDARD STORM DRIAN MANHOLE shall be measured on an each basis.

Payment: Payment for TYPE 2 STANDARD STORM DRAIN MANHOLE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TYPE 2 STANDARD STORM DRAIN MANHOLE at locations as directed by the Engineer.

24. 6” PVC STORM DRAIN

This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.

Measurement: 6” PVC STORM DRAIN shall be measured on a linear foot basis.

Payment: Payment for 6” PVC STORM DRAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in 6” PVC STORM DRAIN, at locations as directed by the Engineer.

Items of Construction
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EXHIBIT 6
Designation of Subcontractors

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DESIGNATION OF SUBCONTRACTOR
In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be perfonned under these specifications and the portion of the work which will be done by each Subcontractor.

If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced in writing , as a public record of the City.

1. 2 .
3 .
4 .

5. 6.
7 .

8. 9.

NAME

PHONE NUMBER

BUSINESS ADDRESS
Abe-\\ C o•\1.,1t·I-e,

LICENSE
NUMBER
& CLASS
(,u.21-50
l 't)l..\111.\ &J.\-u. Q.;6~~ Yl?r-.1J\l~~1e. C\~l\0 1 (_-~ Designation of Subcontractors -Page 1
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PERCENTAGE
OF WORK ~ ., \L fu

EXHIBIT 7
Non-Collusion Declaration

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NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the Manager of Monterey Peolos1/la Engineedng , 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 any other bidder or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid , and will not . pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is/ executed on 02/15/22 (date), at Marina (City), CA (State).

Printed Name
Noncollusion Declaration

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·-MONTEREY .PENiNSULA .ENGINEERING
CONTRACTORS & ENGINEERS·
P.O. BOX2317 -_ . .
-MONTEREY, CA 93942
(83 l) 384-4081 . -
.. ·
SIGI\IATURE A'\)THOIUTY for P.AR.TNE~m:P
Monterey Peninsula Engineering, a California general parb:i.ership, CSLB #972425, is . comprised of two partners -Monterey Peninsula Engineering, Inc., a California CorporatioE., and MPE Management Group, a Ca~ifornia Corporation:·
Section 6, Other Matters, of the Statement of P-artnership Authority filed with the California Secretary of State proV?-des that:.
"Any officer of either general partner, Monterey Peninsula Engineering, Inc, and MPEManagement Group, Inc., may execute contracts -on behalf of the . · Partn.ers}J,ip in order ·to the conduct business and affairs of Monterey Peninsula Engineering,. {J, general part-aership. " ·
!hf: Officers of the two partner corporations· ar~ ~s follows .-:

Monterey Peninsula Engineering-Inc.
· Bart J. Bruno
· ·1ames B. Bruno
Peter J. Taor.m:ma
PaulB. Bruno
President
Vice President
Vice President
Secretary/T~easurer
MPE Management Group~ Inc
PaulB. Bruno ·
Jam.es B. Bruno . .

P.eter J. TaoIIIllila
President
Vice President · · . .

Secretary/Tr~as~e~ ·
Any Officer-listed above of either Partner entity sign on behalf of the Partner;h:ip and can act . as a Manager of tlie partnership. · · · ·
Attacbmen.ts
► Statement of P~ership Authority :filed with Secretary of State, March 21~ 2002 ► MPE Management Group.Coiporate Resolution of Si~atur~-Autb.ority -► Montet~y lenin~ula Engineering _Corporate Resol:ution of Signature Authority ._. ..

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MAR 26 2aB2 12: 29 FR DATASEARQ-.l ?16 922 5199 TO 1831754201i State -of Cat•if.ornia.

Se~retary of State
Bill Jones
STATEMENT Of PARtNERSHIP AUTHORITY
· F❖rm GP-1
lMPORTANT-• Rea:d instruc~ions on back_before complet~ng form, ~A.Mc DFPhATHE~SHIP .

MONTEREY P!:;:Nl NS ULA ENGINEERING
~rREET ~DRESS OF OilEF EX!:CUTIVE: OFF\CE.. .
192.HEALY AVENUE
·crr:Y-1sTATEICOUHTRY _Z:lf' CODE
MARINA, CA USA 93933
STRE;Er ADDRESS OF A 9Af-lFDRNIA. DFFK;fu IF AH\' CliY ZIP CODE .CA
Gg ,.._ UST ll-lE FUU. "'"1,111:is ·mo l-!A-1~\Nr: ~tlDRE9S'i:5 OF r>.LL. 12&: □ a. sT1i,e-rn~ rUL\. w-J.\I: ,I.HD 1,t,i.!LING ADPR'Ess or ~ij AnE1-n ,1.Protl{Teo· PM1H~RS {";!TTACiH i-.DDl'rli:Jf,IAL pJ.CE;.S.-IFNECESSAR'r1 }.HD lo\hil'lTJJHECI IIV1HE: PAATNERS!ilP WHO\'IIU !MIIHTAl!l A UST Of nr~::t-W.IES AflD WJLlflG AflD-RESSHSOF ALL HNtl~ MONTEREY PEh!!N$UlA ENGINEERING, lt..JC.

AODRESS: 192·HEALY AV€.
01-rY: MARINA· g-r_a. racouNrRY: CA ZIP-cooE.93933
!-JAME! MPE MAN.AGMENi-GRO.UP INC,
!J?C>RESS; rn2 H8\l Y AV.E
CITY: MARNIA ~TA'l'l;/CDUNTRY:CA ZJP CODE.93933
PARTNERS.
.&.DOFlESS:

CITY:
.• ST J,.TE/COUNT"R.Y:
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HA!JES o~·,-1,1.1, PARTNE;RS AUTHORIZED TO 1::XECUTE IH51;RUMEN1S TAAHSFERRll,JG REAL PROPE {ATTACH ADCrrlOM'l. p.i..GE.S, IF NECESSARY) . . ...

PARTNER NAME: MONTEREY PENtNSULA ENGINEERING, lNc;;PARTNEfll'iAMe::.: • • j, • : • P!,Rn!ER NAJ.(e; MPE MANAGMEITT GROUP IHC, . PARnJER 1-,1me::
. . ~AAlliER tJI.N.i;: PARTNER }W.tE!
F ~E PAffi"NcfiSHIP
:)T}iEfl.-.Yf,.TIERS1 If-AN.Y! (ATTACH_ADOITIONALf'AGl;:6, IFNECESSAR'(} , ,' , Illy officet Of B_iU]ar ~era! psrl;ner. h1onlBf9Y Paninsu\a Enginsenng, Inc. ani;I !',-!PE Management ~rou~. lnv.,-ma'( 6Jacuie onira-ctS on behalf of the P-artnernhip In ot'der \o conduct the wslnass :;md afraks of Monterey Perur\$1.J)a ErGlneoo119, a sneral E=Brlnernhip. · · · · · · · . , •ll:lMS!=R, Of. PAG-RS A TT J;C!-IED. IF }J{'r': . . NONE.· DeCLAAE UNDER PEHN.'rY OF PERJIJRY UNDER THE lAWS Of THE STATE ClF GALlFORHl,l, n-tA"I' ~~G ~ oor:tF\ECT, . -· .../ · • ,.,~ ..,, • .l':1,L11/c,:.;__ .:QHTei.ET P~ 1;:l-11.11-lel;tlo.tO, ~ . . rnwrrJ IRUHO 0 PR.l:Etof;,rr ~...,---MONTEREY coUNTY1 CALIFORNIA ·~ -~ ''""';"'"""""'!£"''" L,_.) ~ .RTHER . ~ TO:
a',a,te execureo
MDN'rEREY COUN1Y, CALIFORNIA.
·colJ»T'i'_JJlD !IT}.TE."EJ!ECUTED .

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CORPORATE RESOLUTION OF SIGN/4..TURE AUTHORITY
Whereas _MPE Management Group is a California ~oi-po _rati_on filed with California Secretary o~ State; and
W~erea~; it is _in the best interests ·of the c□-rporation t-□ enter into contracts and other"legal documents as part of its regular business activities.

Now, therefore be it resolved, that any one of the following officers Paul B. Bruno
James B. Bruno
P etei-J. Tc10JJJJ.ina
President
Vice President
Secretary/Treasurer
of the MPE Management Group be, and hereby is_-authori~ed, directed; and empowerea for, and on behalf a"f, and i.n "the name of this c_orporation py their signature to bind the co_rporation.

Resolved further, that a _signature of an -above nam·ed officer.is hereby deemed te be conclusive evi~ence of such officer'_s authority to acf on behal~ of this corporatio~.

Resolved further; _that this c_orpor~tion hereby. ratifies an·d confirms the act~ of its c;:ifficer;, agents and employees in heretofore·obligatingthis c9rp·oration. ******"***************************************::!'********-,;;******************** . I, Peter J. Taormina, Secretary of MPE Man_agement ~roup, a corporation duly organized and existing u_nder the laws.of the ?tate o~ California, do·certifythatthe forego·ing is a full, true, and correct.copy ~f certain resolutfons of the Bo.a rd of Direc;tors of-said corporation, duly ssed and adopted at ,..speC:ial meetin.g of.the .Board of Dir-ectors ·on May 22, 2017.

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CORPORATE RESOLUTION OF SIGNATURE AU'J;'HQRITY
Whereas Monterey Peninsula ~ngineering is a California corporation filed with California . . . · Secretary of State; and
. . . Whereas, it is in the best interests of the corporation to enter into· contracts and other legal' . . . . . . documents as part of_ its regular business activities.
l'Jow, theref9re be it resolved,that any one.pf the following _ officers Bart J. Bruno
James B. Bruno
Peter J. Taorniina
Paul B. Bruno
President
-Vice Presid,ent
Vice President
· Secretary/Treasurer
of the Monterey Peninsula Engineering be, and hereby is authorized, directed, and empowered for, and-9n behalf of, and in the name of this corporation by their signature to bind the cor.poration.
. .

Resolv~~ further, that·a signature of an above. named .officer is hereby deemed to be conclusive evidence of such officer's authority to act on behalf of this corpofation.

Resolved further, that this corporation here~y rat!fies and confirms the acts of its officers, agents and en:iployees i_n he~etofore obligating this corporation._ I, Pau.1 B._ Bruno, Sec~etary of MPE. Monterey_ Peninsula Engineering, a corporation duly organized and existing under the laws Qf the State. of California, do ·certify that tlie foregoing . . . ' - is a full, t~ue, and correct copy 9f certain resolutions of the Board of-Directors of said'. corporation, duly pa·ssed and adop~ed ·at a special meeting of the s ·qard of Directors~n May 22, 2017.

Paul B. Bruno, Secre~ary

Exhibit 8: General Conditions
Exhibit 9: Special Provisions & Technical
Specifications.

Exhibit 10: Payment and Performance Bonds
Exhbit 11: Insurance

The above referenced documents will be on file
with the final signed contract.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 16, 2022 AGENDA ITEM: Presentations DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: MICROENTERPRISE HOME KITCHEN OPERATIONS

BRIEF DESCRIPTION: City Council will receive an informational presentation regarding California Assembly Bill 626 and 377 - Microenterprise Home Kitchen Operations, and discuss next steps.

RECOMMENDATION: Staff recommends that the City Council receives the presentation and discuss next steps.

DEPARTMENT SUMMARY: Prior to 2012, the California Retail Food Code (CRFC) required all food sold to consumers to be made at an inspected commercial kitchen.

With the passage of the California Homemade Food Act known as “cottage food operations” (CFO) in 2013, certain low risk (i.e. shelf-stable, non-perishable) food products such as bread, fruit jams, and dried fruit could be made in private home kitchens and be sold to consumers under limited conditions. On September 18, 2018, then Governor Brown signed Assembly Bill 626 (AB 626), making an amendment to the California Retail Food Code: Microenterprise Home Kitchen Operations which established “microenterprise home kitchen operation” (MEHKO) as a new category of retail food facility. MEHKOs are restaurants in a private residence operated by the resident and are allowed to produce a very broad variety of complex food products tha t the CFO permit does not allow.

Assembly Bill 626 was signed into law by Governor Brown on September 18, 2018 and became effective on January 1, 2019. This bill, known as the Homemade Food Act, allows for home cooks to sell potentially hazardous foods to the public. The intent of the bill was to provide economic opportunities for those who were limited by the cost and other barriers to starting a food business. Under it, residents of single family homes can operate what are referred to as microenterprise home kitchens, which can earn up to $50,000 in revenue per year by cooking meals or items at their homes’ kitchens. Meal sales are capped at 30 meals per day, or 60 meals per week. So-called home cooks must obtain California food handler card certification, which can be obtained through completing online training and passing a test. Kitchens must pass an on -site inspection in order to be permitted. Under AB 626, prepared food can be picked up or sent out, as well as consumed at the home.

Although the bill passed the California state legislature and was signed by the Governor, it is up to each county in California to adopt the law. The county or city can choose to “opt-in” by ordinance or resolution to allow Microenterprise Home Kitchen Operations (MEHKOs) in their jurisdiction. Riverside County was the first county to opt - in to AB 626. Solano County has opted in, and San Mateo County has a 2-year pilot project.

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Subsequent to the passage of AB 626, a clean -up bill (Assembly Bill 377) was signed into law by Governor Newsom. This bill became effective on October 7, 2019.

This clean-up bill includes and clarifies the following:

1. Prohibits a MEHKO from producing, manufacturing, processing, freezing, or packaging milk or milk products, including, but not limited to, cheese and ice cream;

2. Modifies the conditions for a city, county, or city and county to permit MEHKO within its jurisdiction. The County is the only entity allowed to opt in by ordinance or resolution, except if a city has their own environmental heal th enforcement agency (e.g., City of Berkeley);

3. Modifies the inspections and food safety standards applicable to MEHKO;

4. Prohibits an internet food service intermediary or a MEHKO from using the word ‘catering’ or any variation of that word in a listing or advertisement of a microenterprise home kitchen operation’s offer of food for sale;

5. Requires MHKO to include specific information, including its permit number, in its advertising; and

6. Prohibits third party delivery service from delivering food produced by a MEHKO, except to an individual who has a physical or mental condition that is a disability which limits the individual’s ability to access the food without the assistance of a third-party delivery service.

Staff has prepared a presentation to further discuss the Microenterprise Home Kitchen Operations program and receive further direction from the City Council on next steps.

For full text of the Assembly Bills:

AB 626:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB6 26

AB 377:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB377

ATTACHMENTS:

1. Assembly Bill 377

2. MEHKO_AB 626-377

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager
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Assembly Bill No. 377
CHAPTER 536
An act to amend Sections 113825, 114367.1, 114367.2, 114367.5, and 114367.6 of, and to repeal and add Sections 114367 and 114367.3 of, the Health and Safety Code, relating to retail food facilities, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor October 7, 2019. Filed with Secretary of State October 7, 2019.]
legislative counsel’s digest
AB 377, Eduardo Garcia. Microenterprise home kitchen operations. (1)  The California Retail Food Code (code) authorizes the governing body of a city, county, or city and county, by ordinance or resolution, to permit microenterprise home kitchen operations if certain conditions are met. The code requires a microenterprise home kitchen operation, as a restricted food service facility, to meet specified food safety standards. A violation of the code is generally a misdemeanor.

This bill would prohibit a microenterprise home kitchen operation from producing, manufacturing, processing, freezing, or packaging milk or milk products, including, but not limited to, cheese and ice cream. The bill would modify the conditions for a city, county, or city and county to permit microenterprise home kitchen operations within its jurisdiction. The bill would modify the inspections and food safety standards applicable to microenterprise home kitchen operations. The bill would prohibit an internet food service intermediary or a microenterprise home kitchen operation from using the word “catering” or any variation of that word in a listing or advertisement of a microenterprise home kitchen operation’s offer of food for sale. The bill would require a microenterprise home kitchen operation to include specific information, including its permit number, in its advertising. The bill would prohibit a third-party delivery service from delivering food produced by a microenterprise home kitchen operation, except to an individual who has a physical or mental condition that is a disability which limits the individual’s ability to access the food without the assistance of a third-party delivery service. By expanding the scope of a crime for a violation of the code, this bill would impose a state-mandated local program.
(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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(3)  This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 113825 of the Health and Safety Code is amended to read:
113825. (a)  “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:
(1)  The operation has no more than one full-time equivalent food employee, not including a family member or household member. (2)  Food is prepared, cooked, and served on the same day. (3)  Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered within a safe time period based on holding equipment capacity. (4)  Food preparation does not involve processes that require a HACCP plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
(5)  The service and sale of raw oysters is prohibited. (6)  The production, manufacturing, processing, freezing, or packaging of milk or milk products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
(7)  Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared. (8)  The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
(9)  The operation only sells food directly to consumers and not to any wholesaler or retailer. For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers. An operation that sells food through the internet website or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6. (b)  “Microenterprise home kitchen operation” does not include either of the following:
(1)  A catering operation.
93 — 2 — Ch. 536

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(2)  A cottage food operation, as defined in Section 113758. (c)  For purposes of this section, “resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose.

SEC. 2. Section 114367 of the Health and Safety Code is repealed.

SEC. 3. Section 114367 is added to the Health and Safety Code, to read:
114367. The governing body of a city, county, or city and county that is designated as the enforcement agency, as defined in Section 113773, may authorize, by ordinance or resolution, within its jurisdiction the permitting of microenterprise home kitchen operations in accordance with this chapter.

If a governing body of a city, county, or city and county authorizes the permitting of microenterprise home kitchen operations, the authorization shall apply to all areas within its jurisdiction, including being applicable to all cities within a county that authorizes microenterprise home kitchen operations, regardless of whether each city located within the jurisdiction of the county separately authorizes them.

SEC. 4. Section 114367.1 of the Health and Safety Code is amended to read:
114367.1. (a)  A microenterprise home kitchen operation, as defined in Section 113825, shall be considered a restricted food service facility for purposes of, and subject to all applicable requirements of, Chapter 1 (commencing with Section 113700) to Chapter 9 (commencing with Section 114265), inclusive, and Chapter 13 (commencing with Section 114380), except as otherwise provided in this chapter.
(b)  A microenterprise home kitchen operation shall be exempt from all of the following provisions:
(1)  Handwashing facilities requirements, as required in Section 113953, provided that a handwashing sink is supplied with warm water and located in the toilet room and supplied, as specified in Section 113953.2. (2)  Any provision in this part relating to sinks, warewashing machines, and manual or machine sanitation, including, but not limited to, Sections 114099, 114099.2, 114099.4, 114101.1, 114101.2, 114103, 114107, 114123, 114125, 114163, and 114279, provided that all of the following conditions are met:
(A)  Utensils and equipment are able to be properly cleaned and sanitized. (B)  The sink in a microenterprise home kitchen operation has hot and cold water and is fully operable.
(C)  If a dishwasher is used, it shall be operated in accordance with the manufacturer’s specifications.
(3)  Prohibition on the presence of persons unnecessary to the food facility operation in the food preparation, food storage, or warewashing areas, as specified in Section 113945.1, provided that the permitholder takes steps to avoid any potential contamination to food, clean equipment, utensils, and unwrapped single-service and single-use articles and prevents a person suffering from symptoms associated with acute gastrointestinal illness or person known to be infected with a communicable disease that is 93 Ch. 536 — 3 —

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transmissible through food to enter the food preparation area while food is being prepared as part of a microenterprise home kitchen operation. (4)  No smoking sign posting requirements, as specified in Section 113978. (5)  Limitations on employee consumption of food, drink, or tobacco outside of designated areas, as specified in Sections 113977 and 114256, provided that the permitholder takes steps to avoid any potential contamination to food, clean equipment, utensils, and unwrapped single-service and single-use articles and prevents a person suffering from symptoms associated with acute gastrointestinal illness or person known to be infected with a communicable disease that is transmissible through food to enter the food preparation area while food is being prepared as part of a microenterprise home kitchen operation.
(6)  Limitations on consumer access to the food facility through food preparation areas, as specified in Section 113984.1, provided that the permitholder takes steps to avoid any potential contamination to food, clean equipment, utensils, and unwrapped single-service and single-use articles and prevents a person suffering from symptoms associated with acute gastrointestinal illness or person known to be infected with a communicable disease that is transmissible through food to enter the food preparation area while food is being prepared as part of a microenterprise home kitchen operation.
(7)  Display guard, cover, and container requirements, as specified in Section 114060, provided that any food on display that is not protected from the direct line of a consumer’s mouth by an effective means is not served or sold to any subsequent consumer.
(8)  Requirements to provide clean drinking cups and tableware for second portions and beverage refills, as specified in Section 114075. (9)  Requirements pertaining to the characteristics and certification of utensils and equipment, as specified in Sections 114130 and 114139, provided that utensils and equipment are designed to retain their characteristic qualities under normal use conditions.
(10)  Requirements pertaining to the characteristics, construction, and multiuse of food-contact and nonfood-contact surfaces, as specified in Sections 114130.3 and 114130.4, provided that food contact surfaces are smooth, easily cleanable, and in good repair.
(11)  Requirements pertaining to the characteristics, construction, and disassembly of clean in place (CIP) equipment, as specified in Section 114130.5.
(12)  Limitations on the use of wood as a food contact surface and in connection with other equipment, as specified in Section 114132, provided that hard maple or equivalent wood is approved for use in direct contact with food during preparation.
(13)  Any provision in this part relating to ventilation, including, but not limited to, Article 2 (commencing with Section 114149) of Chapter 6, provided that gases, odors, steam, heat, grease, vapors, and smoke are able to escape from the kitchen.
93 — 4 — Ch. 536

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(14)  Requirements that cold or hot holding equipment used for potentially hazardous food be equipped with integral or permanently affixed temperature measuring device or product mimicking sensors, as specified in subdivision (c) of Section 114157.
(15)  Requirements pertaining to the installation of fixed, floor-mounted, and table-mounted equipment, as specified in Section 114169. (16)  Dedicated laundry facility requirements, as specified in Section 114185.5, provided that linens used in connection with the microenterprise home kitchen operation shall be laundered separately from the household and other laundry.
(17)  Requirements pertaining to water, plumbing, drainage, and waste, as specified in Sections 114193, 114193.1, and 114245.7. (18)  Any requirement that a microenterprise home kitchen operation have more than one toilet facility or that access to the toilet facility not require passage through the food preparation, food storage, or utensil washing areas, including, but not limited to, the requirements specified in Sections 114250 and 114276.
(19)  Light intensity, light source, and lightbulb requirements, as specified in Sections 114252 and 114252.1, provided that food preparation areas are well lighted by natural or artificial light whenever food is being prepared. (20)  Requirements to provide and use lockers, storage facilities, and designated dressing areas, and that food facility premises be free of litter and items that are unnecessary to the operation, as specified in Sections 114256.1 and 114257.1, provided that personal effects and clothing not ordinarily found in a home kitchen are placed or stored away from food preparation areas and dressing takes place outside of the kitchen. (21)  Limitations on the presence and handling of animals, such as domestic, service, or patrol animals, as specified in Sections 114259.4 and 114259.5, provided that all animals are kept outside of the kitchen during food service and preparation.
(22)  Requirements pertaining to floor, wall, and ceiling surfaces, as specified in Sections 114268, 114269, and 114271, provided that the floor, wall, and ceiling surfaces of the kitchen, storage, and toilet areas are smooth, of durable construction, and easily cleanable with no limitations on the use of wood, tile, and other nonfiber floor surfaces ordinarily used in residential settings.
(23)  Any local evaluation or grading system for food facilities, as authorized by Section 113709.
(24)  All prohibitions and limitations on the use of a kitchen in a private home as a food facility, including, but not limited to, prohibitions and limitations specified in Section 114285, provided that food is not prepared in designated sleeping quarters. Open kitchens adjacent to living and sleeping areas, kitchens in efficiency, studio, and loft-style residences, and kitchens without doors at all points of ingress and egress may be used in microenterprise home kitchen operations.
(25)  Planning and permitting provisions of Sections 114380 and 114381.2. 93 Ch. 536 — 5 —

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(c)  A microenterprise home kitchen operation may operate an open-air barbecue or outdoor wood-burning oven, pursuant to the requirements of Section 114143.
(d)  The operator of a microenterprise home kitchen operation shall successfully pass an approved and accredited food safety certification examination, as specified in Section 113947.1.
(e)  Any individual, other than the operator, who is involved in the preparation, storage, or service of food in a microenterprise home kitchen operation shall be subject to the food handler card requirements specified in Section 113948.
(f)  A microenterprise home kitchen operation shall only offer for sale or sell food that was prepared during a food demonstration or preparation event to a consumer who was present at that food demonstration or preparation event.

SEC. 5. Section 114367.2 of the Health and Safety Code is amended to read:
114367.2. (a)  A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the enforcement agency.
(b)  The department shall post on its internet website the requirements for the permitting of a microenterprise home kitchen operation, pursuant to this chapter and any ordinance, resolution, or rules adopted by any city, county, or city and county, that has authorized the permitting of microenterprise home kitchen operations, which shall be written at a high school level.
(c)  The applicant shall submit to the enforcement agency written standard operating procedures that include all of the following information:
(1)  All food types or products that will be handled.
(2)  The proposed procedures and methods of food preparation and handling.
(3)  Procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse.
(4)  How food will be maintained at the required holding temperatures, as specified in Section 113996, pending pickup by consumer or during delivery.
(5)  Days and times that the home kitchen may potentially be utilized as a microenterprise home kitchen operation. The stated days and times are not binding on the permitholder and shall be used for information purposes only.
(d)  (1)  The enforcement agency shall issue a permit after an initial inspection has determined that the proposed microenterprise home kitchen operation and its method of operation comply with the requirements of this chapter.
(2)  An enforcement agency shall not require a microenterprise home kitchen operation to comply with food safety requirements that are different from, or in addition to, the requirements of this chapter. 93 — 6 — Ch. 536

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(e)  For purposes of permitting, the permitted area includes the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, janitorial or cleaning facilities, and refuse storage area. Food operations shall not be conducted outside of the permitted areas. (f)  An enforcement agency may require a microenterprise home kitchen operation to renew its permit annually.
(g)  A permit, once issued, is nontransferable. A permit shall be valid only for the person and location specified by that permit, and, unless suspended or revoked for cause, for the time period indicated. (h)  The permit, or an accurate copy thereof, shall be retained by the operator onsite and displayed at all times the microenterprise home kitchen operation is in operation.
(i)  An enforcement agency may collect a fee for the issuance of a permit pursuant to this chapter in an amount that does not exceed the reasonable administrative costs by the enforcement agency in issuing the permit.

SEC. 6. Section 114367.3 of the Health and Safety Code is repealed.

SEC. 7. Section 114367.3 is added to the Health and Safety Code, to read:
114367.3. (a)  Notwithstanding any other law, a microenterprise home kitchen operation shall only be subject to the three following types of inspections by the enforcement agency:
(1)  A routine inspection for the purpose of allowing the enforcement agency to observe the permitholder engage in the usual activities of a microenterprise home kitchen operation, including, but not limited to, active food preparation. The enforcement agency shall provide notice to a permitholder before a routine inspection and shall conduct the routine inspection at a mutually agreeable date and time. A microenterprise home kitchen operation shall not be subject to more than one routine inspection within 12 months. This paragraph shall not be deemed to require the enforcement agency to conduct a routine inspection.
(2)  An investigation inspection for the purpose of allowing the enforcement agency to perform an inspection when the enforcement agency has just cause that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation or that the permitholder has otherwise violated this part. One or more consumer complaints may constitute just cause for an investigation inspection. The enforcement agency shall provide notice to a permitholder before an investigation inspection and shall conduct the investigation inspection at a mutually agreeable date and time.
(3)  An emergency inspection for the purpose of allowing the enforcement agency to perform a limited inspection when the enforcement agency has just cause that the microenterprise home kitchen operation poses a serious hazard or immediate threat to public health. To the extent that notice of an emergency inspection is reasonable under the circumstances, the enforcement agency shall provide notice to a permitholder before an emergency inspection. The scope of emergency inspection shall be limited in duration and scope to address the facts giving just cause that the microenterprise 93 Ch. 536 — 7 —

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home kitchen operation poses a serious hazard or immediate threat to public health.
(b)  The enforcement agency shall only inspect the permitted area of the microenterprise home kitchen operation for the purpose of enforcing or administering this part.
(c)  The enforcement agency may seek recovery from a microenterprise home kitchen operation of an amount that does not exceed the enforcement agency’s reasonable costs of inspecting the microenterprise home kitchen operation for compliance with this part if the microenterprise home kitchen operation is found to be in violation of this part.

SEC. 8. Section 114367.5 of the Health and Safety Code is amended to read:
114367.5. (a)  A person delivering food on behalf of a microenterprise home kitchen operation with a permit issued pursuant to Section 114367.2 shall be an employee of the microenterprise home kitchen operation or a family member or household member of the permitholder.
(b)  (1)  Except as provided in paragraph (2), food produced in a microenterprise home kitchen operation shall not be delivered by a third-party delivery service.
(2)  (A)  Food produced in a microenterprise home kitchen operation may be delivered by a third-party delivery service to an individual who has a physical or mental condition that is a disability which limits the individual’s ability to access the food without the assistance of a third-party delivery service.
(B)  A microenterprise home kitchen operation or an internet food service intermediary that offers or facilitates food delivery pursuant to subparagraph (A) shall do all of the following:
(i)  Record and maintain a record of the number and dates of food deliveries made pursuant to subparagraph (A). A microenterprise home kitchen operation shall make the record available to an enforcement agency pursuant to any inspection authorized pursuant to Section 114367.3. An internet food service intermediary shall make the record available to an enforcement agency upon request.
(ii)  Clearly and conspicuously post on its internet website or mobile application alongside any mention of third-party delivery options a notice that a third-party delivery service is prohibited from delivering food except to an individual who has a physical or mental condition that is a disability which limits the individual’s ability to access the food without the assistance of a third-party delivery service.
(C)  Food delivery by a third-party delivery service pursuant to subparagraph (A) does not apply to dine-in meals sold for consumption on the premises of a microenterprise home kitchen or to cooking classes or demonstrations.

SEC. 9. Section 114367.6 of the Health and Safety Code is amended to read:
93 — 8 — Ch. 536

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114367.6. (a)  An internet food service intermediary that lists or promotes a microenterprise home kitchen operation on its internet website or mobile application shall meet all of the following requirements:
(1)  Be registered with the department. A registration, once issued, is nontransferable. A registration shall be valid only for the person and type of business specified by that registration, and unless suspended or revoked for cause by the department.
(2)  Prior to the listing or publication of a microenterprise home kitchen operation’s offer of food for sale, clearly and conspicuously post on its internet website or mobile application the requirements for the permitting of a microenterprise home kitchen specified in this chapter, which shall be written at the high school level and be provided by the department. (3)  Clearly and conspicuously post on its internet website or mobile application the fees associated with using its platform and fees associated with third-party delivery service pursuant to paragraph (2) of subdivision (b) of Section 114367.5 in a manner that allows both the consumer and the microenterprise home kitchen operation to see and understand the amount being charged for the services provided by the internet food service intermediary. The internet food service intermediary shall notify the microenterprise home kitchen operation of any changes to these fees exceeding a 2-percent increase in writing and no later than one month before the changes take effect.
(4)  Clearly and conspicuously post on its internet website or mobile application whether or not it has liability insurance that would cover any incidence arising from the sale or consumption of food listed or promoted on its internet website or mobile application.
(5)  Provide a dedicated field on its platform for a microenterprise home kitchen operation to post the permit number and the name of the enforcement agency that issued the permit.
(6)  Clearly and conspicuously post on its internet website or mobile application how a consumer can contact the internet food service intermediary through its internet website or mobile application if the consumer has a food safety or hygiene complaint and a link to the department’s internet website that contains information for how to file a complaint with the enforcement agency.
(7)  Submit the name and permit number of a microenterprise home kitchen operation to the enforcement agency that issued the permit to the microenterprise home kitchen operation if the internet food service intermediary receives, through its internet website or mobile application, three or more unrelated individual food safety or hygiene complaints in a calendar year from consumers that have made a purchase through its internet website or mobile application. The internet food service intermediary shall submit this information to the enforcement agency within two weeks of the third complaint received.
(8)  If it is notified by the enforcement agency of significant food safety related complaints from a verified consumer that has made a purchase through its internet website or mobile application, submit to the enforcement 93 Ch. 536 — 9 —

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agency the name and permit number of the microenterprise home kitchen operation where the food was purchased, and a list of consumers who purchased food on the same day from that microenterprise home kitchen operation through its internet website or mobile application. (9)  Prior to the listing or publication of a microenterprise home kitchen operation’s offer of food for sale, obtain consent from the microenterprise home kitchen operation to make the disclosures to government entities required pursuant to this section.
(10)  Shall not permit the use of the word “catering” or any variation of that word in a listing or publication of a microenterprise home kitchen operation’s offer of food for sale.
(11)  Shall not use, or knowingly facilitate the use of, a third-party delivery service for food produced by the microenterprise home kitchen operation, except as authorized pursuant to paragraph (2) of subdivision (b) of Section 114367.5.
(b)  For purposes of this chapter, an “internet food service intermediary” means an entity that provides a platform on its internet website or mobile application through which a microenterprise home kitchen operation may choose to offer food for sale and from which the internet food service intermediary derives revenues, including, but not limited to, revenues from advertising and fees for services offered to a microenterprise home kitchen operation. Services offered by an internet food service intermediary to a microenterprise home kitchen operation may include, but are not limited to, allowing a microenterprise home kitchen operation to advertise its food for sale and providing a means for potential consumers to arrange payment for the food, whether the consumer pays directly to the microenterprise home kitchen operation or to the internet food service intermediary. Merely publishing an advertisement for the microenterprise home kitchen operation or food cooked therein does not make the publisher an internet food service intermediary.
(c)  (1)  A microenterprise home kitchen operation that advertises to the public, including, but not limited to, advertising by website, internet, social media platform, newspaper, newsletter, or other public announcement, shall include all of the following within the advertisement:
(A)  Name of the enforcement agency that issued the permit. (B)  Permit number.
(C)  Statement that the food prepared is “Made in a Home Kitchen” in a clear and conspicuous font and location within a written advertisement and an audible and comprehensible manner in a verbal advertisement. (2)  A microenterprise home kitchen operation shall not use the word “catering” or any variation of that word in an advertisement relating to the microenterprise home kitchen operation’s offer of food for sale.

SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of 93 — 10 — Ch. 536

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Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 11. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

To ensure a uniform implementation of the health and food safety responsibilities of microenterprise home kitchen operations throughout the state, it is necessary that this act take effect immediately.

O
93 Ch. 536 — 11 —

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MICROENTERPRISE

HOME KITCHEN

OPERATION (MEHKO)
AB 626 & AB 377
County of San Benito
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2 This Photo by Unknown Author is licensed under CC BY-NC-ND AB 626 authored by Assemblyman Eduardo Garcia
AB 626 became effective January 1,2019
AB 377 is a cleanup bill for AB 626 which was signed by the Governor on October 7, 2019 and became effective
immediately
AB 626 allows for the operation of Microenterprise Home Kitchen Operations (MEHKOs) if the County authorizes the permitting of them by ordinance or resolution
An authorization (“opt-in”) by the County, automatically opts-in all cites within the county.

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ASSEMBLY BILL (AB) 626/377

3 A small-scale restaurant (restr icted f ood ser vice f acility) operated by a resident in a pr ivate home wh ere:
•There is no more than one employe e in addition to
family and household members
•Fo od is prepared,cooked and serve d on the same day
•Fo od can be consumed on site, p icked up or delive re d* *Must be delivered by a family member or member of the household (or sole employee).No third-par ty deliver y ser vices.

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A MEHl{O IS ...
---

§Not a catering operation.
§Not a cottage food operation.
§Not a full-scale restaurant.
4 This Photo by Unknown Author is licensed under CC BY-SA G.3.b
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TIT I

5 Submit a permit application to
local environmental health
agency
Obtain initial inspection of
facility
Successfully pass an approved
and accredited food saf ety
certification examination
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START UP REQUIREMENTS
•

This Photo by Unknown Author is licensed under CC BY-SA-NC 6 Limited to no more than 30 individual meals per
day and 60 meals per week
Direct sales ONLY;No catering or wholesale
No more than $50,000 in gross annual sales
Homes must meet State potable water
standards
Inter net Food Service Intermediaries
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MEHKO

OPERATIONS
•

MEALS OR EQUIVALENT MEAL COMPONENTS
FRESH

SQUEEZED
JUICE
24 OZ
12 INCH
PI ZZA

TACO COMBO

PLAT E OR
6 I NDI VI DUAL
TACOS
CFOS

MORPHED T O
MHKOS
DOZEN

COOKI ES,

CUPCAKES,

PAST RI ES
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EXEMPTIONS
§Inspections are limited to once per year and by appointment rather than unannounced risk-based inspections. §Exempt from handwashing requirements in the kitchen area as required in Section 113953 of CA Retail Food Code §Exempt from certain equipment and sanitation re quirements. §Exempt from planning prov isions.
§Jurisdiction may not prohibit the operation,
re quire a re zone of the property, o r impose any
other restriction on a MEHKO in any residential
dwelling for zoning purposes.
§Exempt from exhaust hood ventilation requirements
§Exempt from plan rev iew process
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•

§If County “opt-in”,cities within San Benito County do not have the option to opt-out.
§Wo rkload increase on Gove rning departments
§Direct Competition with Restaurants / Food Trucks
§No Business License Requirements written into law
§Po tential Community Impact
§Complaints and Nuisances:
§Local Code Enforcement will investigate and enforce regulations if violations of a nuisance ordinance occur (i.e. odors, traffic, parking, excessive noise,etc.)
§A MEHKO may not post signage or other outdoor displays advertising the MEHKO
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OTHER CONSIDERATIONS

Opted In & Issuing per mits
§Riverside County
§Imperial County
§Lake County
§Solano County
§City of Berkeley
Opted In –Not yet issuing per mits
§Alameda County
§San Mateo County
§Santa Barbara County
§Solano County
Remaining Counties/Cites
§No action –pending –Opposition
10 This Photo by Unknown Author is licensed under CC BY-SA G.3.b
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fRANOSC
liA~~o -
SANTA
CRUZ

LOSANGHES
I I

ACROSS THE STATE

SANBERNAOINO
•

Opt-In
County would authorize MEHKOs
Countywide. C ities would not be
able to opt out
Opt-out
County could affirmatively decline
to authorize the permitting of
MEHKOs countywide. C ities would
not have option to opt in
No Action
MEHKOs would not be authorized
countywide
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OPTIONS -

BOARD OF SUPERVISORS
•

This Photo by Unknown Author is licensed under CC BY
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I I
TH.ANKYOU,
QUESTIONS? ,

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 23, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: COMPENSATION FOR CITY COUNCIL MEMBERS

BRIEF DESCRIPTION: This item will allow City Council to receive information regarding compensation provided to City Council Members and provide direction on any potential modifications.

RECOMMENDATION: Staff recommends that the City Council receive information regarding compensation provided to City Council Members and provide direction on any potential modifications.

DEPARTMENT SUMMARY: At the February 22, 2022 meeting, City Council requested that information regarding Council compensation be brought to City Council for rev iew and discussion. City Council will receive information from Staff on current Council salaries and benefits. Staff is seeking that Council provide direction as to any modification to the City Council Member salary.

Pursuant to the provisions of Section 36516 of the Government Code, each of the members of the city council shall receive a monthly salary based on the population of the city. As set forth in paragraph (2), the salaries approved by ordinance under paragraph (1) shall be as follows:

(A) In cities up to and including 35,000 in population, up to and including three hundred dollars ($300) per month.

(B) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars ($400) per month.

(C) In cities over 50,000 up to and including 75,000 in population, up to and including five hundred dollars ($500) per month.

(D) In cities over 75,000 up to and including 150,000 in population, up to and including six hundred dollars ($600) per month.

(E) In cities over 150,000 up to and including 250,000 in population, up to and including eight hundred dollars ($800) per month.

(F) In cities over 250,000 population, up to and including one thousand dollars ($1,000) per month.

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(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent censu s, or estimate validated by the Department of Finance.

(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No ordinance shall be enacted or amended to provide automatic future increases in salary.

(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the e lection favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.

(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.

(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.

(f) A city council member may waive any or all of the compensation permitted by this section.

ATTACHMENTS:

1. Municipal Code 2.04.060_2.04.320

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1202

AN ORDINANCE OF THE CITY OF HOLLISTER REPEALING AND REPLACING HOLLISTER MUNICIPAL CODE TITLE 2 "ADMINISTRATION AND PERSONNEL" CHAPTER 2.04 CITY COUNCIL

CHAPTER 2.04. – CITY COUNCIL

2.04.060 - Election of Mayor.

The Mayor shall be elected at-large by voters to a two-year term, beginning in 2012.

The Mayor shall receive compensation of $200.00 per month in addition to that which the Mayor receives as a councilmember. After new Council Members have been seated in election years and/or at a meeting in December the city council shall select one of its members to serve as Mayor pro tempore for a term of one year. The Vice Mayor shall be chosen on a rotating basis in sequential order of districts. (Ord. 1080 § 1, 2012; Ord. 1171 , 2018)

2.04.320 - Salary.

The salary of each member of the city council shall be $400.00 per month, as authorized by Government Code Section 36516. A. Per Government Code section 36516(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an Page 16 of 16 amendment to an ordinance, but the amount of the increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No ordinance shall be enacted or amended to provide automatic future increases in salary. (Ord. 978 § 1, 2002)
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 25, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017

TITLE OF ITEM: CITY COUNCIL VISION AND GOALS WORKSHOP

BRIEF DESCRIPTION: A group facilitation to share goals and visions for the community, and City Departments. Also, to work on team building. This item will allow City Council to have the discussion.

RECOMMENDATION: That the Council have a discussion on what their desires are for goals for the City of Hollister workshop. Direct the City Clerk to work on securing a facilitator, location and provide a date range to work from for the workshop. The City Clerk will come back with a Resolution requesting approval for a Facilitator contract and an appropriation for a not to exceed amount.

DEPARTMENT SUMMARY: Discuss holding a facilitated workshop that would allow our City Council Members to express their individual smart goals and selecting from those, to create an achievable list for all members, team building, and staff to work towards achieving together.

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 25, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017

SPONSOR(S): Resendiz

TITLE OF ITEM: CITY OF HOLLISTER COMMISSION FILLING VACANCIES

BRIEF DESCRIPTION: Staff is requesting City Council direction on current Commission vacancies.

RECOMMENDATION: Staff seeks Council direction to advertise again and accepting applications to fill Commissioner vacancies.

DEPARTMENT SUMMARY: At the April 19, 2021, City Council Meeting, Vice Mayor Resendiz requested we form a Historic Preservation Commission. Staff d iscovered that Ordinance No. 1067 created a Historic Preservation Commission in 2010, that was never filled. Staff requests that Council consider amending Ordinance No. 1067 to change both Composition and Term to be consistent with other Commissions , to help fill this Commission.

The City Clerk’s office has not received any applications to date for the Planning Commission D3 vacancy, which was advertised in the newspaper on January 28 and February 4, as well as on the City’s Facebook page. A deadline was given to apply by February 9th, or until the position is filled.

The City Clerk’s office has not received any applications to date for the Art and Cultural Commission D1 vacancy, Historic Resources Commission, or Youth Committee, which were advertised in the newspaper in November 2021, January, and February 2022, as well as on the City’s Facebook page. The deadline was extended to February 9 th, or until the positions are filled.

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 25, 2022 AGENDA ITEM: Unfinished Business DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: 2022 INDEPENDENCE DAY MOTORCYCLE RALLY

BRIEF DESCRIPTION: City Council will have a follow-up conversation about the 2022 Independence Day Motorcycle Rally and provide staff direction.

RECOMMENDATION: Staff recommends that the City Council discuss the 2022 Independence Day Motorcycle Rally and provide staff with direction on how to proceed.

DEPARTMENT SUMMARY: At the regular City Council meeting of February 07, 2022 Council Member Burns requested an item be placed on the agenda to discuss the 2022 Independence Day Motorcycle Rally. Staff is requesting to receive direction from Council on how to proceed.

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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