Agenda packet — Hollister City Council, April 18, 2022 (part 1 of 2)

MAYOR
Ignacio Velazquez

COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

CITY MANAGER
Brett Miller

CITY ATTORNEY
Jason S. Epperson

CITY CLERK
Christine Black

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Anietra Gomez

CITY COUNCIL AGENDA
Regular Meeting
April 18, 2022
6:30 PM

CITY OF HOLLISTER

CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov

NOTICE TO PUBLIC

Persons who wish to address the City Council are asked to complete a Speaker’s Card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an Agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the Agenda will be heard under the Public Input Section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are join ing us by Zoom using a cell phone, please press *9.

After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. Powe rPoint presentations must be presented to the City Clerk by Noon on the day of the City Council meeting.

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY
Pursuant to AB361, some or all Council Members may participate in the meeting by telephone or video conference. The purpose of this is to provide a safe environment for staff and the public to conduct city business. The hybrid meeting will be held by teleconference, and the public may attend in person. The public may watch the meeting via live stream at:

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City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx

Community Media Access Partnership (CMAP) at:
http://cmaptv.com/watch/

City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured

Public Participation:

The public may attend meetings; a face mask is recommended, and required to be worn if you are not vaccinated. If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_o7-jxRrASNWkHfZtmDQIgA

CALL TO ORDER
CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Public Employee Evaluation per Government Code section 54957

Title: City Manager

2. Conference with Legal Counsel, Anticipated Litigation, Pursuant to Government Code section 54566.9(b)

One (1) potential case

3. Conference with Legal Counsel, Existing Litigation, pursuant to Government Code section 54956.9(d)(1). San Benito County Superior Court Case No.

CU-22-00042

PLEDGE OF ALLEGIANCE

ROLL CALL

VERIFICATION OF AGENDA POSTING

CLOSED SESSION - REPORT OUT

PROCLAMATIONS/RECOGNITIONS

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Proclamation - 75th Anniversary of the Veterans of Foreign War (City Clerk)

Proclamation - City-Wide Unified Champion Schools Day - April 29, 2022 (City Clerk)

A. CONSENT ITEMS
All items listed under consent Resolution will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a Staff member, or a Citizen.

Consent items are numbers: A1, A2, A3, A4, A5, A6, and A7.

1. The minutes of the Special Meeting of City Council April 2, 2022

2. The minutes of the Regular Meeting of City Council April 4, 2022

3. Claim Against the City - Filed by Michelle LaCouture (City Clerk)

BRIEF DESCRIPTION: A claim against the City was filed by Michelle LaCouture on April 1, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

4. Resolution No. 2022-58 a Resolution of the City Council of the City of Hollister Re-ratifying Resolution 2022-18, Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Hollister During a Declared State of Emergency and Pursuant to Government Code Section 54953 (AB 361) (City Clerk)

BRIEF DESCRIPTION: Government Code Section 54953 (AB 361) allows legislative bodies to continue remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. In compliance with AB 361, City Council must review these requirements every 30 days to determine if Council should continue remote participation options for the health and safety of the public and staff.

RECOMMENDATION: That City Council consider whether to ADOPT a Resolution to re-ratify Resolution No. 2022-18, authorizing remote teleconference meetings of the legislative bodies of the City of Hollister during a declared State of Emergency and pursuant to Government Code Section 54953 (AB 361).

5. Resolution No. 2022-59 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of Various Downtown Streets for the Street Festival and Car Show on Saturday, July 16, 2022 (City Clerk)

BRIEF DESCRIPTION: This item is requesting the temporary closure of San Benito Street from 4th Street to South Street, and side streets between East and Monterey to include 5th, 6th and 7th Streets and alleys – Wentz, Swope, and Browns Alley, and East Street from 4 th to 6th for the Street Festival and Car Show on Saturday, July 16, 2022.

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RECOMMENDATION: Staff recommends that Council ADOPT a Resolution Approving the Temporary Closure of Various Downtown Streets for the Street Festival and Car Show on Saturday, July 16, 2022.

6. Resolution No. 2022-60 a Resolution of the City Council of the City of Hollister approving temporary street closures for the Annual 4th of July Kiddie Parade (Recreation)

BRIEF DESCRIPTION: This Resolution will authorize the temporary closures of portions of various streets for the Annual 4th of July Kidd ie Parade to be held on the July 4, 2022.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution approving Temporary Street Closures portions of San Benito Street, South Street, Monterey Street, and 5th Street for the Annual 4 th of July Kiddie Parade.

7. Resolution No. 2022-61 a Resolution of the City Council of the City of Hollister to surplus certain identified vehicles and equipment, and dispose of said surplus through an already authorized Memo of Understanding (Resolution NO. 2017-21) with online auction company GovDeals Inc. (Public Works - Utilities)

BRIEF DESCRIPTION: Staff is seeking approval to declare certain identified City owned vehicles and equipment as surplus and, through an already authorized Memo of Understanding (Resolution NO. 2017 -21) with GovDeals Inc., dispose of on an online auction. There is no upfront cost associated with this agreement, a percentage of the proceeds pay for the auction service.

RECOMMENDATION: Staff recommends that the City Council ADOPT a resolution of to declare certain City vehicles and equipment surplus, and to dispose of said surplus through online auction by GovDeals Inc.

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

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1. City Manager Report

Receive report from City Manager.

2. Trainings and Conferences

Receive reports from staff on Training and Conferences.

E. PUBLIC HEARINGS
None.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2022-62 a Resolution of the City Council of the City of Hollister authorizing an appropriation of $2,739,180 from Fund 660 and approving Syna-Gro Inc. to Complete Sludge Removal at the DWWTP, Removing 3000 dry tons of Sludge (Public Works - Utilities)

BRIEF DESCRIPTION: This Resolution will authorize Synagro to remove 3000 dry tons of sludge from the S.S.B located at the City of Hollister’s Wastewater Domestic Plant. Currently the pond is at maximum capacity which creates odors and issues with storage of sludge.

The City of Hollister has purchased equipment that will be utilized in the near future to remove and process sludge at the Domestic Plant which will reduce the need for outside contractors

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution authorizing an appropriation of $2,739,180 from Fund 660 and approve Synagro Inc. as the appropriate contractor for this task.

2. Resolution No. 2022-63 a Resolution of the City Council of the City of Hollister approving the supplemental appropriation of $140,000.00 from the general fund to repair amenities at the community building at Vista Park Hill (Recreation)

BRIEF DESCRIPTION: This action appropriates $140,000 from the General Fund Balance to account 101-8050-750050 for improvements at the Vista Park Hill Community Area.

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution to approve the appropriation in the amount of $140,000 for the Vista Park Hill Outdoor Community Area.

3. Resolution No. 2022-64 a Resolution of the City Council of the City of Hollister authorizing the calling for sealed bids for the Sally Street Traffic Calming Project, CIP C2201 (Administrative Services)

BRIEF DESCRIPTION: This item would authorize staff to call for sealed bids for the Sally Street Traffic Calming Project, CIP C2201.

RECOMMENDATION: Adopt the Resolution authorizing the calling for sealed bids for the Sally Street Traffic Calming Project, CIP C2201.

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4. Resolution No. 2022-65 a Resolution of the City Council of the City of Hollister Approving the Use of American Rescue Plan Act (ARPA) Funds to be Used as Revenue Loss Replacement and Approve the Set up of Fund 312 ARPA Fund (City Manager)

BRIEF DESCRIPTION: The City of Hollister will receive approximately $9,745,874 through the American Rescue Plan Act (ARPA) and can use these funds to respond to the COVID-19 public health emergency and its economic impacts through four categories of eligible uses. After considering this item with City Council, Staff received direction to use the ARPA funds as revenue replacement based on the Department of Treasury financial ruling.

RECOMMENDATION: Staff recommends that the City Council APPROVE a Resolution allowing the use of American Rescue Plan Act (ARPA) funds to be used for revenue replacement based on the Department of Treasury financial ruling and approve the setup of Fund 312 to account for ARPA financial activity.

5. Resolution No. 2022-66 a Resolution of the City Council of the City of Hollister Authorizing Payment of Essential Worker Hazard Pay Not to Exceed the Total Amount of $437,500 Under American Rescue Plan Act (ARPA) Fund 312 (City Manager)

BRIEF DESCRIPTION: City Council will consider adopting a Resolution authorizing a one-time Hazard Pay for City Employees as Essential Workers Pay not to exceed the total amount of $437,500 Under American Rescue Plan Act (ARPA) Fund 312.

RECOMMENDATION: City Council ADOPT a Resolution authorizing a one- time Hazard Pay for City Employees as Essential Workers Pay not to exceed the total amount of $437,500 Under American Rescue Plan Act (ARPA) Fund 312.

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other Staff as applicable.

3. Economic Development Corporation of San Benito County 2017-2022 Comprehensive Economic Development Strategy (CEDS) (City Manager)

BRIEF DESCRIPTION: City Council will receive a presentation from Renee Wells, Executive Director of the Economic Development Corporation of San Benito County in regards to the overview of the 2017-2022 Comprehensive

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Economic Development Strategy (CEDS).

RECOMMENDATION: Council receive the report on the 2017-2022 Comprehensive Economic Development Strategy (CEDS).

4. Report on the City of Hollister 150th Celebration (Recreation)

BRIEF DESCRIPTION: The City Council of the City of Hollister will receive a presentation from Diego Villalpando on the placement of a Time Capsule at the Veterans’ Memorial Building. Staff will provide a report on the progress of the City of Hollister 150th Celebration.

RECOMMENDATION: Receive report and provide direction to staff.

5. Downtown Gateway Monument Sign (City Manager)

BRIEF DESCRIPTION: Staff will provide City Council an oral report on the possibility of adding a gateway monument sign in the Downtown area.

RECOMMENDATION: City Council to receive an oral report and provide staff direction.

6. City Council Compensation (City Manager)

BRIEF DESCRIPTION: This item will allow City Council to receive further information regarding compensation provided to City Council Members .

Staff has prepared three possible scenarios to which City Council can provide direction and other potential modifications.

RECOMMENDATION: City Council receive information regarding compensation provided to City Council Members and provide direction on any potential modifications.

7. Election Consulting Project - Creating a Charter for the City of Hollister (City Clerk)

BRIEF DESCRIPTION: The City of Hollister has several requests for Election Consulting projects. Each project has a cost and staff is seeking direction to move forward. This item is asking for Council direction on election consulting services to create a Charter for the City of Hollister.

RECOMMENDATION: Provide staff direction for election consulting services to create a Charter for the City of Hollister.

8. Election Consulting Projects - Mayor and Council Term Limits (City Clerk)

RECOMMENDATION: Provide staff direction on election consulting services regarding a ballot measure on Mayor and Council Member Term

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Limits.

9. Election Consulting Projects - Hollister Independence Day Rally Ballot Measure (City Clerk)

BRIEF DESCRIPTION: The City of Hollister has several requests for Election Consulting projects. Each project has a cost and staff is seeking direction to move forward. This item is asking for Council direction on election consulting for a ballot measure in 2022 concerning holding the Annual Independence Day Rally beginning in 2023.

RECOMMENDATION: Provide staff direction for election consulting for a ballot measure in 2022 concerning holding the Annual Independence Day Rally beginning in 2023.

10. Legal Consulting Projects - Fire District (City Clerk)

BRIEF DESCRIPTION: The City of Hollister has several requests for Legal Consulting projects. Each project has a cost and staff is seeking direction to move forward. This item is asking for Council direction regarding securing legal consulting services for a Fire District.

RECOMMENDATION: Provide staff direction regarding securing legal consulting services for a Fire District.

11. Legal Consulting Projects - Campaign Finance Reform Ordinance (City Clerk)

RECOMMENDATION: Provide staff direction regarding securing legal consulting services for a Campaign Finance Reform Ordinance.

12. Establish Ad Hoc Committees for Festivals & Independence Day Rally (City Clerk)

BRIEF DESCRIPTION: The Council will consider appointing two members to Ad Hoc Committees to serve on Ad Hoc Committee for Festivals and Hollister Independence Day Rally.

RECOMMENDATION: Council requested this item be brought back for consideration.

13. Establish a Police Ad Hoc Committee to discuss Safety Concerns (City Clerk)

BRIEF DESCRIPTION: At the March 21, 2022 City Council Meeting, Council gave consensus to agendize a future item regarding creating a Police Department Ad Hoc committee to discuss safety concerns and statistics, and appointing two members to the committee.

RECOMMENDATION: Staff recommends that the City Council discuss and

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the Mayor appoint via consensus, two members to a new Police Ad Hoc Committee for City safety concerns, or, modify the existing Police Department Communication Center Ad Hoc Committee to include City safety concerns and statistics.

H. UNFINISHED BUSINESS

1. City Council Requests of City Manager's Staff (City Clerk)

BRIEF DESCRIPTION: City Council has requested a list of requested Agenda items, work items, and updates from City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Staff recommends that City Council receive the report and hold a discussion, if so desired.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

L. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636 -4300.

Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

The next City Council Meetings are scheduled as follows:

Regular City Council Meeting -- Monday, May 2, 2022, at 6:30 PM Regular City Council Meeting -- Monday, May 16, 2022, at 6:30 PM Regular City Council Meeting -- Monday, June 6, 2022, at 6:30 PM Regular City Council Meeting --Tuesday*, June 21, 2022, at 6:30 PM (*Due to Juneteenth Holiday, observed on Monday, June 20th)

PROCLAMATION
Honoring the 75th Anniversary of the
San Benito County Chapter of the
Veterans of Foreign War

WHEREAS, the local Chapter of the Veterans of Foreign War was established in 1947; and

WHEREAS, the Veterans of Foreign Wars traces its roots back to 1899 when Veterans of the Spanish-American War (1898) and the Philippine Insurrection (1899 - 1902) founded local organizations to secure rights and benefits for their services ; and

WHEREAS, after chapters were formed in Ohio, Colorado, and Pennsylvani a, the movement quickly gained momentum with membership almost to 200,000 by 1936 ; and

WHEREAS, the VFW’s voice had been instrumental in establishing the Veterans Administration, creating a GI bill for the 20th Century and the development of the national cemetery system; and

WHEREAS, the VFW also has fought for improving VA medical centers services for women veterans; and

WHEREAS, the VFW provides $2.5 million in college scholarships to high school students as well as contribute more than 13 million hours of volunteerism in community’s nationwide.

NOW, THEREFORE, I, Ignacio Velazquez, Mayor of the City of Hollister, on behalf of the entire City Council, do hereby recognize and commend the local Chapter of the Veterans of Foreign War on their 75th Anniversary.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 18th day of April, 2022.

_______________________________
Ignacio Velazquez, Mayor
ATTEST:

___________________________
Christine Black, MMC, City Clerk
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PROCLAMATION

Special Olympics Unified Champion Schools

City-Wide Unified Champion Schools Day
April 29, 2022

WHEREAS, April 2022, San Benito High School a Special Olympics Unified Champion School is receiving national banner recognition; and

WHEREAS, a Unified School brings students of all abilities together through education and sports; and

WHEREAS, Special Olympics Unified Champion Schools equip young people with tools and training to: create sports, classroom and community experiences that reduce bullying, promote healthy activity and interactions to combat stereotypes and stigmas, eliminate hurtful language, and engage young people in activities to lead to improved school climate; and

WHEREAS, I congratulate San Benito High School in being recognized with the honor of being named a Special Olympics national banner Unified Champion School.

NOW, THEREFORE, I, Ignacio Velazquez, Mayor of the City of Hollister, on behalf of the entire City Council, do hereby proclaim April 29, 2022 as “Unified Champion Schools Day” and urge our citizens to take an active role in creating positive experiences for youths of all abilities in education, sports, and social situations.

IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the seal of the City of Hollister this 18th day of April, 2022.

_______________________________
Ignacio Velazquez, Mayor
ATTEST:

___________________________
Christine Black, MMC, City Clerk
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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Special Meeting
April 2, 2022

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY

CALL TO ORDER

PLEDGE OF ALLEGIANCE
Council Member Burns led the Pledge of Allegiance.

ROLL CALL
The Special Meeting of the City Council was called to order by Mayor Ignacio Velazquez on April, 2, 2022 at 9:00 AM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Jason S. Epperson City Attorney Remote
Christine Black City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

Council Member Morales arrived at 9:03 am.

VERIFCATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council Special Meeting of April 2, 2022, was posted on the bulletin board at City Hall on March 30, 2022, at 4:35 p.m. per Government Code section 54956.

A. CITY COUNCIL OF THE CITY OF HOLLISTER

1. Gavilan College San Benito County Campus Update

Received presentation from Dr. Kathleen Rose and Damon Felice.

Martin Frankel, addressed the Council.

Jeanie Wallace, addressed the Council.

Billy Avera, addressed the Council.

Jason Noble, addressed the Council.

Council thanked Dr. Rose and Mr. Felice for the presentation.

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2. San Benito High School District Proposed Plans for a Second High School

Received presentation from San Benito High School Superintendent Dr. Shawn Tennenbaum, and Jeff Small, Financial Advisor.

Bill Lee, addressed the Council.

Victor Gomez, addressed the Council.

Council direction was to let them meet with City Manager and Planning Department.

Recess

City Council recessed at 11:19 a.m.

City Council reconvened at 11:31 a.m., all members present, per roll call.

3. Hollister Family Apartments - Chelsea Investment Corporation Presentation

Victor Gomez of Pinnacle Strategy introduced Jim Anderson and Abbie Hawkins who gave a presentation to Council.

Acting Fire Chief Bedolla, addressed the Council.

Council direction was to let them meet with City Manager and Planning Department.

4. San Felipe Road and Santa Ana North Gateway - Republic Urban Properties Presentation

Victor Gomez of Pinnacle Strategies introduced Blake and Michael van Avalan of Republic Urban Properties who provided Council a presentation.

Lila Gemellos, addressed the Council.

Council direction was to let them meet with City Manager and Planning Department.

Recess

City Council recessed at 12:47 p.m.

City Council reconvened at 1:00 p.m., all members present, per roll call.

Continued Item 4. San Felipe & Santa Ana - Republic Urban Properties

Victor Gomez of Pinnacle Strategies introduced Blake and Michael van Avalan of Republic Urban Properties who provided Council a presentation.

Lila Gemellos, addressed the Council.

Council direction was to move forward with this project.

5. Ladd Lane Prezone for Annexation Presentation

Victor Gomez of Pinnacle Strategy provided City Council with a presentation.

Anne Hall from San Benito Engineering addressed the Council.

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Stewart Fahmy provided Council oral information.

Council direction was to let them meet with City Manager and Planning Department.

B. CLOSED SESSION

PUBLIC COMMENT (LIMITED TO ANY ITEM LISTED ON THE CLOSED SESSION AGENDA).

CLOSED SESSION WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF HOLLISTER TO DISCUSS THE FOLLOWING MATTERS:

City Attorney Epperson stated if the Council so desired they would move into Closed Session to discuss the item agendized for closed sessio n which he read into the record.

Public Employee Evaluation per Government Code section 54957

RESUME OPEN SESSION

CLOSED SESSION - REPORT OUT
City Attorney Epperson reported out that Council discussed items that were agendized for Closed Session discussion which he read prior to going to Closed Session.

Direction was given to staff no other reportable action was taken. The City Council recessed from Closed Session at 4:41 p.m.

ADJOURNMENT
There being no further business to discuss Vice Mayor Perez motion ed to adjourn at 4:44 p.m. Motion was seconded by Council Member Morales and carried by a unanimous vote.

Respectfully submitted,

Christine Black
City Clerk
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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Regular Meeting
April 4, 2022

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY
CALL TO ORDER - 6:30 P.M.

PLEDGE OF ALLEGIANCE
Council Member Dolores Morales led the Pledge of Allegiance.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on April, 4, 2022 at 6:37 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Remote
Rick Perez District 1 Present
Rolan Resendiz District 2 Remote
Dolores Morales District 3 Present
Tim Burns District 4 Present
Jason S. Epperson City Attorney Present
Christine Black City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

VERIFICATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council meeting of April 4, 2022, was posted on the bulletin board at City Hall on March 30, 2022, at 4:00 p.m. per Government Code section 54954.2.

PROCLAMATIONS
Vice Mayor Perez presented Hollister 150th Anniversary Proclamations to the Historical Society and Senior Support Services Casares.

Proclamation - City of Hollister 150th Anniversary

Vice Mayor Perez presented a Proclamation for Hollister's 150th Anniversary to the John Wrobel of the San Benito County Historical Society and City of Hollister Senior Support Services Daisy Casares.

A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizing the actions indicated for those items so designated.

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Council Member Burns moved to adopt the Consent Agenda with the exception of item A3, which was pulled by Council Member Morales. Motion was seconded by Vice Mayor Perez.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Consent items are numbers: A1, A2, A3, A4, A5, and A6.

1. Joint Powers Financing Authority - Special Joint Powers Finance Authority Meeting - Mar 21, 2022 6:30 PM

2. City Council - Regular Meeting - Mar 21, 2022 6:30 PM

3. 3299 has been moved to Items Pulled From Consent Agenda

4. Claim Against the City - Filed by Mercury Insurance Co. for Leticia Perez

5. ABC License Review - San Benito Billiards

6. Resolution No. 2022-51 a Resolution of the City Council of the City of Hollister Re-ratifying Resolution 2022-18, Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Hollister During a Declared State of Emergency and Pursuant to Government Code Section 54953 (AB 361)

ITEMS PULLED FROM CONSENT AGENDA
WARRANT REGISTER - MARCH 21, 2022 AP

Council Member Morales pulled this item to request and will continue to pull this item and request a detailed description summary of expenditures for proper reconciliation. As policy makers, we need to have a true understanding of where we are in terms of our finances.

Council Member Burns moved to ADOPT Consent Item #3-Warrant Registers.. Motion was seconded by Council Member Resendiz.

City Clerk Black called the vote with the following results: Council Member Resendiz voted Yes, Council Member Morales voted Yes, Council Member Burns voted Yes, Vice A.2
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Mayor Perez voted Yes, and Mayor Velazquez voted Yes. Motion carried by a unanimous vote.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
Susan Logue, addressed the Council.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

None.

2. Trainings and Conferences

City Manager Miller and Police Chief Reynoso attended a training last week on how to continue working together successfully as a team.

E. PUBLIC HEARINGS
None.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2022-52 a Resolution of the City Council of the City of Hollister Approving a Veterans' Preference Policy for City of Hollister Employment and Authorization to Implement the Policy

Received report from Human Resources Manager Hillstock.

Council Member Burns moved to ADOPT Resolution No. 2022-52. Motion was seconded by Council Member Morales.

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RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. Resolution No. 2022-53 a Resolution of the City Council of the City of Hollister Approving a Professional Services Agreement Between the City of Hollister and Ralph Andersen & Associates to Conduct a Total Compensation Survey and Analysis for all City Job Specifications

Received report from Human Resources Manager Hillstock.

Council Member Burns moved to ADOPT Resolution No. 2022-53. Motion was seconded by Council Member Morales.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

3. Resolution No. 2022-54 a Resolution of the City Council of the City of Hollister Approving an Appropriation of General Fund 101 for the Total Compensation Survey and Analysis for all City Job Specifications Project

Received report from Human Resources Manager Hillstock.

Council Member Burns moved to ADOPT Resolution No. 2022-54. Motion was seconded by Council Member Morales.

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RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

4. Resolution No. 2022-55 a Resolution of the City Council of the City of Hollister Approving the Contribution of Funds to Youth Recovery Connections Nonprofit Start-up and Prevention in an Amount of $65,000

Received report from City Manager Miller.

Received report from Amy Bravo & Michael Salinas from Youth Recovery Connections Nonprofit.

Zavan Quesada, addressed the Council.

Council Member Morales moved to ADOPT Resolution No. 2022-55, provided Youth Recovery Connections returns back and provides Council with direct service delivery including dosage model, the continue of care, results of marketing, your evaluation design for the programming, and the status of the various grants for further consideration of partnership. As an amendment to your proposal, consider doing Medi-Cal enrollment or Covered California, we found that to be essential for being able to enroll the youth into the appropriate treatment that is needed, would like to see that added.

Council Member Burns proposed a friendly amendment to Council Member Morales, to give them an additional $25,000.00 for compensation to actually get out and implement, to have this operational and he presumes that would take them operationally through October. Requested for this to come back in September and give Council the measurable results, and hard facts. Bring support staff, he wants to celebrate this with you.

Council Member Morales accepted Council Member Burn's amendment to her motion.

Motion was seconded by Vice Mayor Perez.

City Clerk Black called the vote with the following results: Council Member Resendiz voted No, Council Member Morales voted Yes, Council Member Burns voted Yes, Vice Mayor Perez voted Yes, and Mayor Velazquez voted No. Motion carried by a 3- 2-0-0 vote.

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RESULT: Adopted as Amended [3 to 2]
MOTION: Dolores Morales
SECOND: Rick Perez
AYES: Perez, Morales, Burns
NOES: Velazquez, Resendiz
RECUSED:

ABSTAIN:

ABSENT:

5. Resolution No. 2022-56 a Resolution of the City Council of the City of Hollister Adopting an Amended Memorandum of Understanding ("MOUAI") with the City of San Juan Bautista to it's Domestic Wastewater to the Hollister Treatment Plan

Received report from City Manager Miller.

Council Member Burns moved to ADOPT Resolution No. 2022-56. Motion was seconded by Council Member Morales.

City Clerk Black called the vote with the following results: Council Member Resendiz voted Yes, Council Member Morales voted Yes, Council Member Burns voted Yes, Vice Mayor Perez voted Yes, and Mayor Velazquez voted Yes. Motion carried by a unanimous vote
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

6. Resolution No. 2022-57 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of 6th Street and Wentz Alley between San Benito Street and East Street, both north and south sides of the street and the use of the 6th Street parking lot every Wednesday from May 4 through September 28, 2022, for the Hollister Downtown Association for Farmers Market

Received report from City Clerk Black, who introduced Omar Rosa, Chief Executive Officer of Hollister Downtown Association.

Council Member Burns moved to ADOPT Resolution No. 2022-57. Motion was seconded by Council Member Morales.

City Clerk Black called the vote with the following results: Council Member Resendiz voted Yes, Council Member Morales voted Yes, Council Member Burns voted Yes, A.2
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Vice Mayor Perez voted Yes, and Mayor Velazquez voted Yes. Motion carried by a unanimous vote
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

None.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Council Member Burns - requested consensus to raise the Thin Blue Line flag on the City Hall Unity pole May 11-21, 2022. On our Code of Conduct Ordinance; he read an article that referenced David Lloyd, an attorney for the First Amendment Coalition in the City of San Diego, and he was previously associated with the Center for Justice out of Spokane, Washington. He requested Council consider having a second opinion review of our Code of Conduct Ordinance to make sure that there are no parts that are construed as unconstitutional. Under Hollister Municipal Code section 1.04.050 it talks about severability of parts of the code which read, "It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by a valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code." Even if there is a part that we could have written better, smarter, or removed, he believes that would not create a major consequence. He has heard a lot of expressed concern and would like to error on the side of caution. He hopes for Council support to have another look at that. Requested an update from the City Manager on the status of recruitment for Deputy or Assistant City Manager. He proposed we rename Union Avenue to Cesar Chavez Way, and also name the new park we are building behind the Fire Station Cesar Chavez Park. Bulldog Boxing is about $18,000.00 under funded to finish their building. Requested Council consensus to give Bulldog Boxing $18,000.00. They have done amazing work and have saved a lot of people from going down the wrong path. We could use American Rescue Plan Act (ARPA) money, that would be a good investment in the future of our community. He noticed the City of Salinas puts out after the meeting a notification of what the Council's previous actions were. He spoke with the City Clerk who has done some research and would like her to brief the Council on her findings, and see if this would be of value to us to keep our community current, and come and voice their concerns or support where necessary.

Proposed to Council that we install cameras on all of our Gateways, our major A.2
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streets, in proximity to our schools, parks and enclosed neighborhoods, that have limited entrance access like Sunnyslope Village and Cerrato Estates. We have seen the direct benefit of that recently, and it is priceless. We may use American Rescue ARPA funds for that. Would like the Police Department to create safe zones where we may install additional cameras and sound lighting to conduct child custody exchanges, and internet transactions whether it be an auto sale, or other things you purchase on the internet to insure people are safe. Last week, he became aware of some substandard housing that happened at 740 Canal Alley. He has zero tolerance for substandard housing and requested our Code Enforcement Officers provide a presentation of that specific incident to Council. He would like included statistics for past substandard housing that is significant. This Council may need to consider moving forward with creating a Housing Rental Inspection Program, and if not already required, require business licenses. Requested a report from our City Clerk on the Deputy City Clerk Recruitment process. Finally, he requested we adjourn tonight's meeting in the memory of Jesus Gomez and Daniel Gonzales.

Council Member Resendiz - nothing to report.

Vice Mayor Perez - the flag raising ceremony yesterday turned out really awesome.

Thanked City staff for closing the roads, and thanked the City Clerk for coming in to catch up on work and listen to some good music. Thanked the community for being there. He supported Council Member Burns on the additional cameras, and adjourning in memory of Jesus Gomez and Daniel Gonzales.

Council Member Morales - she supported adjourning in memory of Jaime Gomez and Daniel Gonzalez. Requested intelligence on what is happening in the community, and would like to hear from our Police Department on trends that are happening in the community. She has seen other communities have reports that state 90 percent of Police have seen issues of Code Enforcement, 80 percent of them are smash and grabs, 10 percent are vehicle thefts. A report so that as issues are coming to the community we are actively problem solving and looking at partnerships to be able to have a community solution. She has a night market follow up, and the follow up request is to bring back the Hollister Municipal Code to allow food trucks in particular areas that may or may not be zoned and what appropriate areas there are to be able to allow food trucks. She is aware there are a couple of desired areas and would like Council to consider that request. Recently, we had an issue with shopping carts. These carts are utilized by Target, Safeway, Grocery Outlet, Lucky's. The concerns are about the Ordinance. One of the businesses shared that in 2016 they paid $26,000.00 in fines and that it is very difficult for them when carts are removed from their facilities whether it be by homeless, or by people to take their groceries home, and then leave them out. It is very difficult to have service in Hollister due to that. She requested this issue come back for possible solution or consideration to review the Ordinance. She had the opportunity to read the (Ordinance) today, and thanked the City Clerk for sending that out to Council.

She heard from several businesses about the rally, and while that decision has been made, she would like to have a work group start looking at next year and potentially other alternatives such as Apricot Festival, or amplifying or highlighting winery's in the region and have wine tours or tickets like in oth er jurisdictions. Requested a list of outstanding building permits that are over 6 months and the status of those. She supports term limits and would like that brought back for discussion, requested a date certain on that. She supports Code of Conduct being brought back for review, she is concerned about that. Requested status report of pending projects for the speed cushions. Follow up on Council pay. Supports naming Union Road Cesar A.2
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Chavez Way and the new park by the Fire Station Cesar Chavez Park. Supports Bulldog Boxing funding in the amount of $20,000.00.

Mayor Velazquez - nothing to report.

City Manager Miller - Requested consensus for the following items to be placed on a future agenda.

1. Flying the Thin Blue Line Flag May 11-21, 2022.

2. Code of Conduct to be reviewed by another attorney.

3. Assistant City Manager - currently reviewing Recruitment firms which should be in next week.

4. Naming of Parks - please contact Recreation to get that application process started with the Park and Recreation Commission.

5. Bulldog Boxing appropriation of $20,000.00.

6. Will work with the City Clerk to get notice of the previous nights actions on Social Media.

7. Cameras up at all access and have Police Department define that with Information Systems and Technology.

Council Member Morales would like to add a privacy aspect to this, and have those laws considered in terms of Government and Policy.

Information Systems and Technology Director added that we need to consider the ability to extend the network when we need to for those cameras to function correctly we are almost at capacity now in our current network.

8. Safe Zones are already being worked on by Police Department.

Captain Betanio does not have a timeline, but they have ordered the cameras and are working on lighting for the area for these exchanges.

9. Code Enforcement to do a presentation on substandard housing.

10. Request for Intelligence on Police Department issues and trends.

11. Ordinance on Food Trucks to be brought back for review and be time sensitive.

12. Shopping Cart Ordinance to be reviewed.

13. Working Group for Rally and other Festivals. Request from Council Member Resendiz to place this on the ballot.

14. List of outstanding Building Permits and their status.

15. Speed Cushions status report.

16. Council Salary Ordinance.

City Attorney Epperson - nothing to report.

Police Captain Betanio - friendly reminder to the community that on April 6, 2022, we will be holding the special needs registry at the Veteran's Memorial Building. The Hollister Police Department will be there to register anyone who wishes from the community. We also have the paperwork online on the City website.

City Clerk Black - reported that she looked at the City of Salinas's website and they have a QR Code and if you scan that with your phone it will take you to a page where you may click on different Council meetings videos. What she was hoping to see, and maybe what we could do is a recap summary of the Resolutions that went to Council unless the want is for every item that went to Council and a synopsis of each.

Council Member Burns - confirmed he wanted voted on items only.

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City Clerk Black - stated we could purchase QR codes at a minimal cost. With our current system we have, we could post a synopsis and post the breakdown of who voted on what, and Council Members would be able to state if they choose, any reasons why they voted no, or differently, and we could place that on as well.

Council Member Burns - is excited to hear we can do that, and would like to hold on that until we have a Deputy City Clerk on board.

City Clerk Black - reported she sent an email out last week to Human Resources requesting the status of a new Deputy City Clerk, and has not heard back. In the email, she requested the listing be posted on the following websites, City Clerk's Association of California, Mike Madrid -California City News.Org, and International Institute of Municipal Clerks.

Council Member Burns - requested from City Manager Miller if there is a way to make the Deputy City Clerk position a priority. He would like to see us move quickly, given the fact that it was approved in January.

City Manager Miller - stated he will follow up on the Deputy City Clerk position.

City Clerk Black - reported that she has spoken with our Consultant (Elections Attorney) as we have five (5) projects we would be working with him on. She has requested pricing for each so that she may obtain direction on April 18, 2022 Council Meeting to move forward from Council prior to spending money.

City Clerk Black - reported on Campaign Finance Ordinance - we are working with Elections Attorney, and are having difficulty obtaining enforcement attorneys. We are at a dead stop there, without them, we have no administrative hearing process and remain where we are.

City Clerk Black - reported on Fire District for City of Hollister, San Benito County and the City of San Juan Bautista. The question is if we want a JPA or a separate agency.

Mayor Velazquez - stated that a Fire District would have to be a countywide election.

The City of San Juan Bautista has appointed two Council members to the Fire Committee and they hope to meet again next month.

City Clerk Black - reported on Council Term Limits and the question is whether we want the limits to be lifetime, consecutive, how many year terms, we need direction.

Perhaps she could poll Council to find out preferences.

Council Member Burns - stated his vision of term limits would be two consecutive 4 year terms not counting partial terms. Then separate for one complete term of 4 years, and then may run again. Would also like the Mayor term to move from 2 year terms to two 4 year terms.

City Attorney Epperson - stated this is not specifically agendized, please give general direction and the attorney handling it may take it back, consider some options and bring that back.

Council Member Morales - requested we explore the option of rotating Mayors.

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Council Member Burns - stated that would be going backwards and we would have to redistrict to five districts.

Vice Mayor Perez - stated he favored two 4 year terms for Council, not including partial terms, and a pause of one term, and for the Mayor four 2 year terms with a pause of one term.

Council Member Resendiz - this item is not agendized and he is not comfortable speaking about it. He will discuss when the time is appropriate and it is on the agenda.

City Clerk Black - reported on the Hollister Independence Day Rally and the question is would it be an advisory measure.

City Clerk Black - reported on Charter City. To move forweard we need to look at what we want specifically, Charter Codes may be simple or complicated. Some Charter Codes are three pages, others are more intensive. Pricing would be based on the level of depth.

3. Report to the City Council of the City of Hollister To Discuss the Use of the American Rescue Plan Act (ARPA) Funds

City Manager Miller - reported that the City will receive in two years approximately

9.7 million dollars in American Rescue Plan Act funds (ARPA).

Council has given staff direction to use those funds for revenue replacement, which will be brought forward as an agenda item on April 18, 2022, to submit Council's choice to place it in the General Fund. That would then allow us to use General Funds how we would like. We are recommending to Council that we provide a 5- year forgivable loan program for businesses in the Hollister downtown area up to $2 million dollars. We are recommending restaurants with a kitchen, because kitchens with stoves and hoods are very expensive. For any new business start up to be $150,000.00; retail or restaurant type with no kitchen be about $50,000.00. This is our recommendation and that would give approximately about 10 different businesses the ability to open up downtown. We are also recommending that we use another $250,000.00 towards additional park let programs. There are some different businesses that want park lets or say a kitchen that opens up may want a park let to go with their business. Use some of the money to do beautifications, as we may improve some older ripped awnings, or different items to improve downtown.

Use it for staff time to keep the area nice. Discuss hazard pay for city staff. Staff went through and looked at about 15 different cities. It appears most of them did a flat rate from $1000.00 to 14,000.00. They would either do a percent of pay, or add to their hours worked for a particular period up to a total amount. Santa Clara County gave staff $2,500.00. Requested Council direction, we have discussed different ways of doing this and what our staff recommends. If we do the loan program, we would be receiving business plans, expenses and there are some legal aspects that we would need to develop also.

Mayor Velazquez - questioned City Manager if he said the loan program was for $2 million.

City Manager Miller - stated if we have no retail businesses and a bunch of restaurants, the loan program would be for 15 or 16 (businesses) up to $2 million A.2
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dollars. If this is successful, we could revisit and bring it back to Council for additional funds. We are recommending $150,000.00 for each business.

Mayor Velazquez - stated he believes this is a fair amount because one of the most important thing about business owners is that they have capital also. Otherwise they over extend and get themselves into trouble pretty quick. He would like to see the term of forgiveness be at least 10 years to make sure the revenues comes back. He personally regrets not having a forgiveness loan program more of a low interest loan program, so we can bring that money back and help others in the future, rather than just a few people receiving the benefits of that. To reinvest that money a very low interest rate over so many years and keep bringing it back.

Council Member Burns - agrees with the Mayor. He is curious if we are going to loan money, just food for thought. If I own a building downtown and I am a landlord, and I have a tenant that wants to come in and open a restaurant, and they qualify and they open the business and then they fail. It is not like you can take a commercial kitchen out. It feels somewhat complicated. In the earlier days, it used to be that there were loans available through planning and development for if you need to put a new roof on your house, or you need to put paint on your house. There are ways to get there via the old redevelopment model. It feels really complicated to him. The more complicated it gets, the greater the risk of us losing people. He is in agreement and would like to see more about that.

Vice Mayor Perez - questioned if building owners would be able to use this if their building needs attention.

City Manager Miller - stated yes, that is what we were looking at with the $250,000.000 piece. That would have been for if a business needs to redo an awning, or maybe they need spackling done. We would do it on a case by case basis.

Vice Mayor Perez - stated that is the business, but what if the building owner wanted to dress up the building a little bit to get tenants. He is trying to see if we may provide incentive for some of these buildings downtown.

City Manager Miller - Usually the building owners put that burden onto their lessee.

Once they had a lessee they (the lessee) would do the program and have the funds to update their bathroom that maybe is not Americans with Disabilities Act (ADA) compliant or to put sprinklers in. What we have heard is a new business comes in and they are unable to afford to update the bathroom, and things like that.

Council Member Burns - stated that the ADA is very intriguing to know that there are people that travel the cities and the states to sue small businesses with Nuisance Suits and they collect and go away for far less then they sue for. ADA would be a great alternative. Back in the Redevelopment era when there was money flowing statewide they had facade programs where they would come in and do a whole downtown. He would not be surprised if some of our sidewalks downtown, some of the planter boxes and some of the tree areas were done in that way, twenty years or so ago. This could be another way to refresh and renew some of those things.

City Manager Miller - stated if Council would like to add another layer we could put another layer for ADA loan.

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Council Member Morales - stated she would like to see that we give at least $2500.00 to our employees as a flat rate so that it is not complicated. In another jurisdiction what we figured out from our accountants was that it would be a lot of time and energy to do different variations. To save time, it was a flat rate, non PERS2500 able money to be distributed. Most of it will be taken by taxes so $2500.00 is a good rate.

City Manager Miller - stated that one of the Cities they looked at had a chart did employees touch documents from outside other people, did they interact with individuals from outside the city. They had all these different check lists. Pretty much everybody checked the box. It is very difficult, where do you draw the line, where somebody was involved in COVID over the last two years. Initially, public safety was hit hard, but he would say throughout the process COVID has effected every staff member somehow.

Vice Mayor Perez - agrees with that.

Council Member Burns - questioned Council Member Morales that he does not know what jurisdiction she is referring to that did that.

Council Member Morales - stated Santa Clara County.

Council Member Burns - questioned how much ARPA funds did Santa Clara County Receive.

Council Member Morales - stated it was significantly higher.

Council Member Burns - stated he wants to give something. Questioned what did San Benito County give and what amount of ARPA money did they receive. He believes it was about $3 million more than our city. City of Hollister received about 25% less. He is fine with giving the same amount San Benito County gave their employees minus 25% to put us in line in what we received versus what they did. He would like to see if we could provide that to the employees that we have lost in the last two years.

City Manager Miller - stated that the generosity is understood, but those people don't work for us. We have to take taxes out, and we do not have their current payroll information to be able to process that paycheck. We could put this into a Resolution format and if they do not get back to us in a certain time frame 60 days, that they forfeit.

Council Member Burns - stated he is fine with that. He questioned how does this factor into Public Employee Retirement System (PERS).

City Manager Miller - Because this is a lump sum payment it is not PERS able.

Mayor Velazquez - stated he would be careful going back to those that no longer work for us. That opens up a few problems. He wants to make sure that we are allocating dollars to fix sidewalks. We need to put a program together to get them fixed throughout the city.

City Manager Miller - stated that the Risk Pool had a board meeting today and one of the items discussed was through the ten cities to hire a firm that will come out and A.2
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basically GIS mark all of our sidewalks and also give us a price where we would do say $10,000.00 in sidewalk repairs and if we wanted to do more we could add to that. Because this is put into our General Fund this is something that once we have the program worked out we can bring that forward at that time, unless you want to do some sidewalks at this time.

Mayor Velazquez - stated this (sidewalks) is a program we would need to receive bids from local contractors. It will be a several hundred thousand dollar project if not close to half a million. It is not hard to identify the areas, we need to get out there and do it, figure out price per square foot for sidewalk repairs and have our locals be able to come in and make this project much quicker than our attempts in the past.

City Manager Miller - stated it would be sidewalks that have less than a two inch gap.

What we can do is actually the sidewalks that are severely over the two inch gap to be repaired.

Mayor Velazquez - stated that a one inch gap is too much. That is a tripping hazard so we need to identify what is causing it, if we know its the roots then cut the roots and cut some trees down where we have these issues so it does not come back.

Vice Mayor Perez - stated the sidewalks in District 1 and District 2 will be seeing a lot of that sidewalk work and he is sure other districts also. He wants to make sure, we had direction from Council before addressing the alleys issue, and he knows we are working on getting a bond measure so that we may get plans done so then we may just move forward.

City Manager Miller - stated that for the alleys, the hope was that we will be hearing from (Community Development Block Grant) CDBG, to do the plans for that. The bonds will be for street and alleys to pay for the work to get them done. CDBG will pay for the plans so that we can bid out the projects, and the bond money would be to pay for the roads and alleys to be repaired.

Council Member Burns - questioned on the hazard pay, is this something we can bring back. Council Member Morales's plan of $2500.00 and Plan B what the County did minus 25%, and at that meeting we may make a decision and be done with it.

City Manger Miller - stated yes, he would request consensus on what dollar amount we would want, either Council Member Morales plan or Plan B what the county did minus the 25%, that may come back for the next meeting. The loan program would take another meeting or so, he requests direction on what we want to pay the employees, do you want to do the (business) loan program, with the ADA loan, and do you want sidewalks to a certain dollar amount like $250,000.00.

Council Member Burns - stated he understands the other things will take a little bit of time, would like the hazard pay to be brought back at the next Council Meeting. Our employees have been very patient and he would like to put this to bed at the next meeting if possible.

Vice Mayor Perez - agreed with Council Member Burns and he would like the $2500.00.

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City Manager Miller - stated he will present both numbers on the staff report and a Council Member may make a motion for one at that time. Received consensus for to identify areas and determine from that how much we need to do the repairs.

Information Systems and Technology Director Da Silva - due to talking about investments in infrastructure, we have talked about extending the cameras, and safe zones. There is opportunity to extend our fiber network out to some of these areas where we could utilize it for some of the things that Council would like to do. We do not have our own fiber to the treatment plant. There is a project to connect San Juan Bautista, which we talked about earlier tonight. This includes running fiber conduit all the way to the treatment plant. We could extend our fiber network from the yard through Brigantino Park to the treatment plant. Brigantino Park, we can add more cameras, safe zone for exchanges. Fire Station 2 is on a wireless connection. We do not have fiber to that area. We may work with the County their public works is off of Southside Road, we could go through the High School. There are other agencies we may partner with to get the fiber out there. Just throwing this out there as pa rt of the investments. A few years ago, to get fiber to the treatment plant through Brigantino Park we were only able to extend it to the City Yard, because it would have cost almost a million dollars to get it to the treatment plant. Now that we have the fiber to the City yard, we could go from there to the treatment plant. The cost was from a few years ago, who knows what it is now. He believes we have three inch conduits and we have 96 strand fiber. Two fibers would be one to transmit and one to receive. Depending on how many we terminate we would have extra in the ground for future or even lease out to utilities and other opportunities.

Council Member Morales - requested that we do some research and bring it back.

They are doing the same thing at several other facilities and she will provide him with some names. It is going to be extremely expensive, and if the cost back then was a million, it is probably five or ten now, due to labor and the materials are just not available. But we could consider this as a multi-year project and cost it out for all the different areas, we would need a multi-year contract.

City Manager Miller - stated that Information Systems and Technology Director Da Silva is really good about when we do projects to remind us that when we open up the streets, we put in water lines, sewer lines and conduit wherever we can.

Council Member Burns - questioned is this not what the ARPA funds were originally designated for.

City Manager Miller - stated yes, that is one of the things. We will work with the county too, as he believes there are other broadband money that we are trying to get for the whole area.

H. UNFINISHED BUSINESS

1. City Council Requests of City Manager's Staff

City Manager Miller requested Council to review the current report, and let staff know if you have questions or request changes. We will keep updating and moving it forward.

I. NEW BUSINESS
None.

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J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

L. ADJOURNMENT
There being no further business to discuss, Council Member Burns moved to adjourn the meeting in memory of Jesus Gomez and Daniel Gonzales at 9:16 p.m. Motion seconded by Vice Mayor Perez.

Respectfully submitted,

Christine Black
City Clerk
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: April 4, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY MICHELLE LACOUTURE

BRIEF DESCRIPTION: A claim against the City was filed by Michelle LaCouture on April 1, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

DEPARTMENT SUMMARY: A claim against the City was filed by Michelle LaCouture on April 1, 2022. Staff has sent a copy of this claim to the City’s Risk Manager/Claims Adjuster and recommends denial of the claim. Staff further requests authorization to send the Notice of Rejection of claim to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. Claim against the City - Michelle LaCouture_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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Claimant Michelle LaCouture
Address
;.,,
CITY .OF HOLLISTER

CLAIM FORM
(To Be Completed By Claimant)
Telephone
Address to Which Response Should be Sent
Rece.ived
Description of Occurrence My fence is falling over due the roots of the city trees that are planted alongside it and pushing the fence up causing it be unstable and fall over.

Location of Occurrence
Date and Time of Occurrence n/a ---------------------
Witnesses to Occurrence (Name and Address) ....,_n=/a=---------------- I have not obtained any quotes to fix 1t yet. I was hopmg to come up Amount of Claim with an agreeable solution with the city. (Attach supporting invoices, etc.)
City Employees Involved _n/_a ____________________ _
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date 3.23.2022 Signature
City Clerk
City of Hollister
375 Fifth Street
Hollister, CA 95023
(831) 636-4304

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: March 31, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017

TITLE OF ITEM: RESOLUTION NO. 2022-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RE-RATIFYING RESOLUTION 2022-18,

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF HOLLISTER DURING A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)

DEPARTMENT SUMMARY: Beginning in March 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVD- 19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen, and comment on items on the agenda. The most recent of these Orders, EO N- 29-20, expired on September 30, 2021. On September 15, 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continues the Executive Orders allowing for the continuation of remote or “hybrid” (remote and in-person attendance options) meetings.

On November 1, 2021, City Council adopted Resolution No. 2021-202, and again on February 22, 2022, Resolution No. 2022 -18, which declared that a local emergency exists due to the COVID-19 pandemic, and local and state health departments have recommended social distancing and remote meeting options for legislative bodies for the health and safety of the public and staff. In compliance with AB 361, City Council must consider every 30 days if the declared state of emergency still exists, and if recommendations are still present to continue social distancing for the health and safety of the public and staff. If so, Council action is required to re-ratify Resolution 2022-18 to continue to conduct meetings remotely or hybrid remote meetings for an additional 30 days.

Analysis & Background

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AB 361 contains several requirements in order to continue the use of remote meetings.

These include:

 There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.

 During that State of Emergency, either State or local officials have imposed or recommended measures to promote social distancing, or determined that meeting in person would present an imminent risk to the health or safety of attendees.

 In order to continue to utilize remote meetings, the Council must take formal action within 30 days of the first AB 361 meeting, reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

At the time of this staff report, the State of California is still under an emergency declaration due to COVID-19, and both State and local health officials recommend continued social distancing to help stop the spread of the virus. The proposed resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. Thereafter, Council will consider current conditions and whether the emergency is still in effect, and renew the authorization of the continued remote hybrid meetings every 30 days.

FINANCIAL IMPACT: None

CEQA: N/A

ATTACHMENTS:

1. Bill Text - AB-361 Open meetings_ state and local agencies_ teleconferences_

2. Resolution No. 2020-46 Declaring State of Emergency - Hollister

3. Resolution No. 2022-18 - Authorizing Remote Meetings

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RE- RATIFYING RESOLUTION 2022-18, AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF HOLLISTER DURING

A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)

WHEREAS, ON March 4, 2020, Governor Newsom declared a State of Emergency t o make addition resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 13, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-46 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID -19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council and Commission meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies throughout the State and requiring local agencies to observe all the usual Brown Act requirements as they existed prior to the issuance of the orders; and

WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders; and

WHEREAS, on October 11, 2021, the San Benito County Public Health Department issued a press release stating that they “strongly recommend all legislative bodies continue social distancing measures for public meetings, including offering, at the legislative body’s discretion, a remote or hybrid format fo r public meetings” which allows “avenues for public access and input and minimizes the risk of contagion for not only the public, but for agency staff”; and

WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Council Members, and Commissioners in their respective meeting locations; and

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WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings.

NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Hollister declares the following:

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and

b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions, as well as staff and members of the public from meeting safely in person; and

2. City Council and Commission meetings will continue to be conducted in a “hybrid” format, allowing for in-person and remote participation options for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this Resolution.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 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. 2022-58, 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 18th day of April, 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 April, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 1/13 SHARE THIS:Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences.(2021-2022)

Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites A.4.a
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~~-7 ~IVE INFORMATION

10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 2/13 have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment.

The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in A.4.a
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The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.

The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 4/13 (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website. (f ) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 5/13 (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website. (f ) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all A.4.a
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 6/13 otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 7/13 (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 8/13 (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f ) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 9/13 (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 10/13 (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f ) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 A.4.a
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 11/13 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 12/13 (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 13/13 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. 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:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

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RESOLUTION NO. 2020-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER, COUNTY

OF SAN BENITO, STATE OF CALIFORNIA, PROCLAIMING THE EXISTENCE OF A

LOCAL EMERGENCY
WHEREAS, the Hollister Municipal Code Section 2.36.060 empowers the City Council to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, on March 4, 2020, the Executive Department of the State of California, issued Executive Order N-25-20 as a result of the threat of the COVID-19; and WHEREAS, the City of Hollister is proclaiming the existence of a local emergency therein; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and property have arisen within the City caused by a the threat of COVID-19, commencing on or about 3:00 p.m. on the 4th day of March 2020, at which time the City Council of the City of Hollister was not in session; and .

WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme period did warrant and necessitate the proclamation of the existence of a local emergency.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City on the 16th day of March, 2020; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, organization of this City shall be prescribed by law, by the State of California Executive Order N-25-20, by Ordinances and Resolutions of the City, and approved by the City Council; and
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Hollister, State of California.

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL
ON FILE: IN THE

OFFICE OF THE CITY CLERK

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Resolution No. 2020-46

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PASSED AND ADOPTED, by the City Council of the City of Hollister at an Emergency meeting held this 13th day of March, 2020, by the following vote:

A YES : Council Members Spencer, Resendiz, Lenoir, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: Council Member Richman. ----~:=::::---//
.==-----z__--,-/
ATTEST:

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

Epperson Law Group PC
Ignacio Velazquez, Mayor

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE
OFFICE OF THI:,,,....-----.....

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RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF HOLLISTER DURING A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361) WHEREAS, ON March 4, 2020, Governor Newsom declared a State of Emergency to make addition resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID- 19; and
WHEREAS, on March 13, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-46 declaring a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issue(i Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20. staff set up Zoom meetings for all City Council and Commission meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-oa..:21, which placed an end date of September 30, 2021, for agencies throughout the State and requiring local agencies to observe all the usual Brown Act requirements as they existed prior to the issuance of the orders; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders; and
WHEREAS, on October 11, 2021, he San Benito County Public Health Department issued a press release stating that they "strongly recommend all legislative bodies continue social distancing measures for public meetings, including offering, at the legislative body's discretion, a remote or hybrid format for public meetings " which allows "avenues for public access and input and minimizes the risk of contagion for not only the public, but for agency staff'; and
WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Council Members, and Commissioners in their respective meeting locations; and WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings.

CITY CF H~-c.'... . '::7
DUPUC .. rE OF 0 ,·/2,;~,-,L
ON FILE I:· . ,.::

OFFICE OF' _______ .....,

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Resolution No . 2022-18
NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Holfister declares the following:

1. In compliance with AB 361 , and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council mak.es the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions , as well as staff and members of the public from meeting safely in person; and

2. City Coundf and Commission meetings will continue to be conducted in a "hybrid" format, allowing for in-person and remote participation options for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public;. 3 . The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of the Resolution .
. The City Council will revisit the need to conduct meetings remotely within 30 days of the adopt.ion of the Resolution .

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd day of February, 2022 , by the following vote :

AYES: Council ~embers Perez, Resendz, Morales, Burns, and Mayor Velazquez.

NOES:None.

ABSTAJNED:None.

ABSENT:None.

Ar f-tST:

Ignacio Velazquez, Mayor
APPROVED AS TO FORM :

Epperson law Group PC
, .·. person, 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. 2022-18 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 22nd day of February, 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 22nd day of February, 2022.
(Seal)

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: March 31, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: RESOLUTION NO. 2022-59, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY

CLOSURE OF VARIOUS DOWNTOWN STREETS FOR THE STREET FESTIVAL AND CAR SHOW ON SATURDAY, JULY 16, 2022

BRIEF DESCRIPTION: This item is requesting the temporary closure of San Benito Street from 4th Street to South Street, and side streets between East and Monterey to include 5th, 6th and 7th Streets and alleys – Wentz, Swope, and Browns Alley, and East Street from 4th to 6th for the Street Festival and Car Show on Saturday, July 16, 2022.

RECOMMENDATION: Staff recommends that Council ADOPT a Resolution Approving the Temporary Closure of Various Downtown Streets for the Street Festival and Car Show on Saturday, July 16, 2022.

DEPARTMENT SUMMARY: The City Clerk’s Office received a request from the Hollister Downtown Association for the temporary closure of San Benito Street from 4th Street to South Street, and side streets between East and Monterey to include 5 th, 6th and 7th Streets and alleys – Wentz, Swope, and Browns Alley, and East Street from 4th to 6th , for the Street Festival and Car Show event on Saturday, July 16, 2022. The street closure is requested for 6:00 a.m. to 6:00 p.m., with the event happening from 10:00 a.m. to 4:00 p.m.

The street closure application and public assembly permit for the Street Festival and Car Show includes a signed hold harmless agreement and a certificate of insurance. The street closure application and public assembly permit application were reviewed and approved by the appropriate Department Heads.

FINANCIAL IMPACT: Estimated $900 in staff time to set up and take down street closure based on past events.

CEQA: N/A

ATTACHMENTS:

1. Block Party Street Closure Application - Street Fest and Car Show_Redacted

2. Public Assembly - Street Fest and Car Show_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager
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RESOLUTION NO. 2022-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE TEMPORARY CLOSURE OF VARIOUS DOWNTOWN STREETS FOR THE STREET FESTIVAL AND CAR SHOW ON SATURDAY, JULY 16, 2022

WHEREAS, the City of Hollister Clerk’s Office received a block party application requesting the closure of various downtown streets for the Annual Street Festival and Car Show from the Hollister Downtown Association; and

WHEREAS, the City of Hollister has determined that it is beneficial to the community to hold the Street Festival and Car Show, which will be held on Saturday, July 16, 2022, from 10:00 a.m. to 4:00 p.m.; and

WHEREAS, this event brings the community to the Hollister Downtown area which benefits the local merchants; and

WHEREAS, over the years the City Council of the City of Hollister has been supporti ve of the Hollister Downtown Association and their events; and

WHEREAS, the Hollister Downtown Association has demonstrated that it is an experienced, professional manager of such events; and

WHEREAS, the Hollister Downtown Association will work closely with Public Works and the Hollister Police Department in the temporary closure of streets for these events in a safe and expedient manner, by providing maps, and ad vance notice to business owners; and

WHEREAS, the Police Department of the City of Hollister has deemed street closures appropriate for Public Safety issues.

NOW, THEREFORE, BE IT RESOLVED, that street closures pursuant to the following will ensure Public Safety:

Closure of San Benito Street, from 4th Street to South Street, from 6:00 a.m. to 6:00 p.m.; and

Closure of side streets between East Street and Monterey Street to include 5th, 6th and 7th Streets and Alleys (Wentz, Swope, and Browns Alley), from 6:00 a.m. to 6:00 p.m.; and

Closure of East Street from 4th to 6th Street, from 6:00 a.m. to 10 a.m.

Said streets will be temporarily closed pursuant to Section 21101(e) of the Vehicle Co de of the State of California. The City Council of the City of Hollister finds and determines that said closing is necessary for the safety of persons.

Public works will put up barricades and signs to re-route traffic.

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PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 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. 2022-59, 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 18th day of April, 2022, at which meeting a quorum was present.

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

Christine Black, MMC

City Clerk of the City of Hollister
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DocuS ifllt>li~ d0~6i.iHJ.mdf:33ltii-tfuEE1 !Bl9tifiCIM'8lua l Street Festival and car show -satu rday, July 1Jo..,.----...J 2022, Street closure from 6:00 am to 6:00 pm

CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close :":?~ 6-bYt r+u ,,...-
( street}, from
~_rt_l)._V ~--.....----,------( street) to £ 1A-~ Sri u ( street), on W E;ut" St C 1,,c~rl'I -10"-"') C ~ J\o-l'h day of J l.l. l ;r: , 20 2-1-, between the hours of:
__.b;;...;··_O_Cl.,ll(V) _____ and f?'.00 p:vn for a Neighborhood Block Party.

Contact Name : -~:....=tA,L, __ · __ 0_5_l....:.t_vn_,_\_l ~ ___ Telephone No.: _S_?_I M_;._ __ g_'-fo_(.; __ _ a me
_S,..J.' =>.> _~--t ____ Cell Phone No .:

Address
Email Address: ___:___ff'_-\)_e,_ci._o_L,.,f'"\._fv_\<.,\_"\_hv_1_1_1 s_~_-_0 _,-'J_· _____________ _ Alternate Contact Person for day of Neighborhood Block Party: (m andatory) Name : Chw ~5/-Cell phone No.:

Email: oYY'iV"Q., o-OIM"\: IM"h,il 11 s+t"""·t-'::5
Pl ease provide a map of the party that shows the set up , and provide room in the m iddle of the street for emergency veh icle u se , in case of an emergency.

Add comments if needed
Add comments if needed
Add comments if needed
OoeuSigned by: FOR CITY USE ONLY DocuSigned by:
anagement Services D irector 3/18 /2022 C ity Manager 3/18/2022

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DocuSign Envelope ID : C7D5737B-171 B-4F33-8E4F-EE 189955CD4B

RELEASE ANO WAIVER OF LIABILITY AND I DEMNITY AGREEMENT fu ' 5 .., V--O"-"' o "-'"' Af s;..,.., • its employees agents . officers representat ives , contractors . he irs and ass igns, (collect ively MApplicanr). hereby WAIVES . RELEASES AND DISCHARGES any and all cla ims against the City of Hollister and /or its employees . officers . agents . or contractors , (collectively "City "), for death . personal inj ury, property damage , or any other damages wh ich Appl icant may have or suffer , or wh ich may hereafter accrue . as a result of the :

Block Party
Parade
Public Event
Banner/Flag
Other __________ _
("t he Act ivity "). This RELEASE is intended to discharge the City in advance from any and all liability aris ing out of or connected in any way with the Activity , even though that liabil ity may arise out of negligence or carelessness on the part of the City .

Appl icant further understands that acc idents , whether of a serious or minor nature . occasionally occur during the course of an Act ivity such as that for which Applicant has requested perm ission from the City of Holliste r; and that part icipants may occasionally susta in mortal or serious personal inj uries . and/or property damage , as a consequence thereof. Knowing the risks of the Activity, Applicant ASSUMES those risks and agrees to RELEASE ANO HOLD HARMLESS the City regardless of whether or not any inj ury or damage is caused in part by the City.

It is further understood and agreed that th is WAIVER , RELEASE AND ASSUMPT ION OF RISK is to be bind ing on Applicant , and such ind ividuals or entities comprising Appl icant. and Applicant will make no cla im aga inst. sue . attach the property of. or prosecute the City for injury or damage or econom ic loss resulting from the negligence or other acts or omissions , howsoever caused . of City , as a result of Appl icant's participati on in , or City 's authorizat ion of the Activity , or any other act or om iss ion of City relat ing to the Activity .

Appl icant shall INDEMNIFY , RELEASE AND HOLD HARMLESS the City from :
(a ) Any and all cla ims , demands , causes of act ion , damages , costs , expenses , losses , or liabil ities . in law or in equ ity , of every kind and nature whatsoever for but not limited to . injury to or death of any person includ ing Applicant and damages to or destruction of any property of City or Appl icant , or any economic loss suffered by Appl icant arising out or of in any manner directly or indirectly connected with the Activ ity. however caused and regardless of whether or not caused in part by the City. (b ) Any and all damages. costs , expenses , or penalties . imposed on account of the violation of any governmental law or regulation , compliance with which is the responsibility of Applicant.

Applicant shall , at its own cost , expense and risk , defend all suits , actions , or other legal proceedings of every kind that may be brought or instituted by third persons against the City , relat ing to the Activity , or to enforce any penalty relating to the Activity . Applicant shall pay and satisfy any judgment award . decree or penalty assessment that may be rendered against City , in any such suit action or other legal proceedings. Appl icant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing th is Agreement.

Notwithstanding the foregoing . nothing herein shall be construed to requ ire Applicant to indemnify the City from any cla im aris ing from the sole negl igence or willful misconduct of the C ity .

APPLICANT

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DocuSign Envelope ID: C705737B-171 B-4F33-8E4F-EE 189955CD4B State of California
County of San Benito
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AFFIDAVIT
-<:.

I , I Stf'u1 l.(__ affirm that the signatures included with the Block Party Permit are from a majority of residents in the affected area were obtained by me and are in support of:
day of1 ___ ..... \t-_l ~------' 20 1--1---, between the hours of:
__.l..._u...;..• ~c -=c ---'--'0;;..;.,_.;_ ___ and ____,;._Cl)_..._f)vv' ___ for a Neighborhood Block Party. (Start time ) (End t ime)
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature :

Printed Name:ie_......__~---"---------------...._ ______ _ Date : ;J../:J-~)

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DocuSign Envelope ID : C7D5737B-171B-4F33-8E4F-EE189955CD4B Block Party Street Closure Residents Signatures
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Street to be closed: 5
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from __ ,....._""""""''----------(street ) to 5 LL ~
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and fe .cu yr"" for a Ne ighborhood Block Party .
(street ),
We. th und igned d hereby upp rt and n nt t the abo ve treet being lo ed ba-ed n th inti rmati n prO\·ided a \·e .
'\" .\1E RE IDE~CE
Ill
ubmit the majority of re ident in the atlt! t d area.)

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DocuSign Envelope ID: C7D5737B-171B-4F33-8E4F-EE189955CD4B RecAived
O 9 2022
By: ____ _ Date R ecefred
By City Clerk _____..!;>c;.._---'-------""-
.I TTCIP ATED RETt.:R,\ PERJl1/T
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CITY OF HOLLISTER

PUBLIC ASSEMBLY PERMIT
·.......;;;_ __ .....J._....;;_:_ __ _:_:_~=--------=-.:........:.._......::....----=-=--C ,v :

J-~ email :
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ame Address Phone
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email:
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email :

Pu Ii.: \ssc.m I~ P,mn n Pa g.: I o f Q
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DocuS ign En velope 10 : C7057378-1718-4F33-8E4F-EE189955CD48

3. The pers on in charge fth e E,·ent:
ame Address

4. Will monitors o r securit per nnel be employed
during the even t?
ame Address
Phone
h:
w:

Us/ -o If es . plea e list below:

Emergenc contact (other than the person in charge of the E ent ):

I Phone

6. If pri v ate property. please Ii t all prope rty owner -:

Name Address Phone
h:
w:
h:
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Pu blic ,\, ,c,rnbl) Penn it Page ~ o fQ

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DocuS ign Envelope ID : C7D57378-1718-4F33-8E4F-EE189955CD48 Please de cribe the natur of th e,·ent:

Date and time of the Eve nt :

J C~ -
9 . Please de cribe the locati n of the Event. including it boundarie : ~ A: , l I. Plea e de cribe the number of ,·chicl e . animal an or tructur that ,viii be u d in th Event :
umber De cribe
Anima ls
Stru tures
( .

Oth er
Pu ho: sem I~ P ·nnn

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DocuSign Enve lope ID: C705737B-1718-4F33-8E4F-EE189955CD4B 12 . Pl ease provide a brief de -cription f n y ound amplification equipment and illumination to b used at the En!nt :
umber of Units T
Sound , Amp I ification
Illumination
Other
13 . Pl ease provide a brief de ription of an · con tructi n of sign or banners to be u ed ti r the vent:

Sign
umber
I
1 Materials

14. re there parking requirements for the Event:
l ~. \I ill ou pro ide \ ater tations
Locati o n
ill ou provid first aid '?
\ i 11 you pro\·ide comfort rations
(portable re troom
I~ P,,nmt
Location
N O
YE If ye . how man '7 ___ _
If ye . how man ? __ \_,___ __
0 If ye . how man ?_,$!, ___ _

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DocuSign Envelope ID: C?D5737B-171B-4F33-8E4F-EE189955CD4B I . \J i 11 th er be ve nd at the vent'? E If .,e . how many?_y-o_,_· __ _ Pie e de cribe :
umber
Drinks
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Other ,o
I . Plea Ii t any and all government agencie requirin g a pennit for the Event :

P nnit A Descri tion Current Status
l . Parade a embl will begin to a mble at: _______________ _ 2 . Parade a mbl y point \ ill be: ___________________ _ Parade route will be : ------------------------
4 . Lnterval space to be maintained between unit : _____________ _ umb r of Floats:______ Other ehicle : _________ _
./ Size : ______________ _
Pu he .-\ssc:m I) Permtt Page 5 ol

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DocuSign Envelope ID : C7D57378-1718-4F33-8E4F-EE189955CD48 Plea e u e thi page for an y additional inf◄ nnation you ma ., ne d to pro\·ide .

D Sent email to HOA stating that any food trucks/trailers need a separate permit from Planning, and any tents/canopies over lO'xlO' need a permit from Building.

D Fire Dept. comments (if applicable)
D community services comments (if applicable) no comments.

Pu Ii.-<\ cm I) P,-m,11 P.i i;e -of

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DocuSign Envelope ID : C7D57378-171B-4F33-8E4F-EE189955CD4B

RELEASE ANO WAIVER OF LIABILITY ANO I OEMNITY AGREEMENT HP l ts Y-1 · d\.l.M .kJ c,t: · ~ its employees, agents, officers, representatives, contractors , heirs and assigns, (collectively "Applicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents, or contractors , (collectivety 'City") for death , personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:

Block Party
Parade
Public Even t
Banner/S ign
Other l)rJ!,, w~ w 1"' ~
(''the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understand s that accidents whether of a serious or m inor nature . occasionally occur during the course of an Activity such as that for which Applicant has requested permiss ion from the City of Holliste r; and that partici pants m a y occas ionally sustain mortal or serious personal inju ries. and /or property damage, as a consequence thereof. Know ing the ri sks of th e Activity. Appli cant ASSUMES those ri sks and agrees to RELEASE AND HOLD HARMLESS the City re gardless of whether or not an y injury or damage is caused in part by the City.

It is further understood and agreed that th is WAIVER , RELEASE AND ASSUMPTION OF RISK is to be bind ing on Applican t, and such ind iv iduals or entiti es comprising Applicant , and Appl icant will make no claim aga inst. sue . attach the property of, or prosecute the City for injury or damage or econom ic loss result ing from the negligence or other acts or omissions . howsoever caused . of City. as a result of Applicant's partic ipation in , or C ity's authorization of the Activ ity. or any other act or om iss ion of C ity relating to the Activ ity.

Applicant shall INDEMNIFY. RELEASE AND HOLD HARMLESS the City from :
(a ) Any and all claims , demands . causes of action . damages , costs. expenses , losses , or liabilities. in law or in equity. of every kind and nature whatsoever . for but not limited lo . injury to or death of any person includ ing Applicant and damages to or destruction of any property of City or Applicant or any economic loss suffered by Appl icant. a ri sing out or of in a ny manner d irectly or ind irectly connected with the Acti vity . however caused and regardless of whether or not caused in part by the C ity. (b ) Any and all damages , costs . expenses , or penalt ies . imposed on account of the v iolation of any governmental law or regulation , compliance w ith wh ich is the respons ib il ity of Applicant.

Applicant shall , at its own cost, expense and risk , defend all su i s . action s . or other legal proceedings of every kind that may be brought or instituted by th ird persons aga in st the City, relating to the Activity , or to enforce any penalty relating to the Acti vity . Appl icant shall pay and satisfy any jud gment. award . decree or penalty assessment that may be rendered against City, in any such suit action or other legal proceedings . Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connect ion ttierewith or in enforc in g this Agreement.

Notwithstanding the foregoing , nothing here in shall be construed to require Applicant to ind emnify the City from any claim arising from the sole negl igence or willful m isconduct of the C ity.

APPLICANT
Pu h, ·m I~ Pmn11

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DocuSign Envelope ID : C7D57378-171 B-4F33-8E4F-EE 189955CD48 --------ACORD
HOLLOOW-01

CERTIFICATE OF LIABILITY INSURANCE

JBENNETT
DATE ( 1DOiYYYYJ
~ 11 /19/2021

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORIIA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE ooes NOT AFFIRMA TIVEL y OR NEGA TIVEL y AMEHD, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF IN SURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an AOOITlONAL 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 · hts to the certificate holder i n lieu of such endorsemeot(s).

PROOUCER =ACT
Maury, Donnelly & Parr ~eo.-fnl~ (410) 685-4625 [~. 0 ~(410) 685-3071 2A Comrnen:e St E ------
Baltimore, MO 21202 ~sS; ______ _

INSURED
A
Hollister Downtown Association
535 San Benito Street
Hollister, CA 95023
X
-AGGREGA•~ CIM i ~.PO ES "ER
X "OUC• -

-
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AUTOMOIIILE UABUTY
U-u.AUAB CCC 'l
EJl:CESSLIAB J," YA!E X
JEC RETE ,0 s
~COl9'£HSATICII
AHO EIIPLOffRS" UA8IUTY VI

E N I A
7012985369
7012996937
_ SURE~} ~FQ_ft~G .f()\'.!:~GE_
_ S!/.RER ",CNA Insurance Com__pan~s _
_S!/.Rf!lB _;
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INSURER 0 :_ _
RER_E :_ _
SURERF :
------j
10/200021 10/20/2022
10/24/2021 10/2Al2022 ~'ifG!:""E_

E POLICY PERIO
_s _
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DESCRIPTICII OF OPERATlONS I LOCfi'llONS I vetlCLES (ACORO 101 , _, R-Sc-, nay be -it ...,.. -• ~ City of Hollister is listed as • n •ddition,t insu,.d.

Ref : Annual Lights on Celebration Parade

CERTIFICATE HOLDER
City of Homster
375 Fifth St
Hollister, CA 95023
ACORD 25 (2016/03)

CANCEUA TION
I SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE Will BE DELIVERED IN ACCORDANCE WITH THE POLICY PftOVISIONS.
1988-2015 ACORD CORPORATION . A ll rights reserved.

The ACORD name and logo are registered martcs of ACORD

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DocuS ign Envelope ID : C7D5737B-171B-4F33-8E4F-EE 189955CD4B Nova Romero
From :

Sent:

To:

Cc:

Subject:

Hi Teri ,
Nova Romero
Thursday. March 17, 2022 11 :10 AM
Te ri Escam ill a
CityC l er k; Pl annin g Dept
RE : Street Fest iv al and Ca r Show Pub li c Assemb ly -Ju ly 16, 2022 Yes , a ll food trucks or vendor tra il ers need a permit from P la nnin g . The publ ic assembly permit doesn 't cover these .

The Bu il d in g Departme nt does require a pe rmit for a ny tent/canop ies that are over 10 ft x 10 ft . which I believe is separate from the Fire Dept. safety restrict ion s .

Thank you ,
Nova Romero , CMC
Deputy City Clerk
375 Fi Street. Hollister. CA 95023
(831 } 636-4300 ext 1016
o a rom [email protected] .gov
Holhster.ca .gov
Pronouns · she . her
Your vote matters ! Register to vote here
Email correspondence with the City of Hollister {and attachments, if any} may be subject to the Californ ia Public Records Act, and as such may therefore be subject to public d isclosure unless otherwise exempt under the act.

Note : Using the "Reply A ll" option may inadverten tly re s ult i n a Brown Act vio l at ion .

From: Te ri Escam illa
Sent: Wednesday, March 16, 2022 1:04 PM
To: Nova Romero
Subject: RE : Street Festiva l and Car Show Public Assemb ly -July 16, 2022 Hi Nova, there may poss ibly be the Steak Stop food vendor, he has a tra il e r. A few other vendors have trailers as we ll, not sure about actual food trucks. Are they allowed?
The booth sizes are either single or doubl e spots of lOxlO or 10x20. The vendor appl ication has t h e Hollister Fire Department attachment regard i ng fire safety restrictions .

From: Nova Romero
Sent: Tuesday, March 15 , 2022 2 :41 PM
To: Ter i Escam i lla
Subject: St r eet Fest iva l and Car Show Pub li c Assemb ly -July 16, 2022 Hi Teri ,

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DocuS ign Envelope ID: C7D5737B-17 18-4F33-8E4F-EE189955CD48 F-or the.Street Festival and Car Show Public Assembly application for July 16 , 2022 , can you confirm the following for the event:
1) There will be no food trucks at the event.
2) The tenUcanopies for vendors will be 10'x10' or smaller , with a fire retardant cover.

Please let me know as soon as possible so I can process your application .

Thank you!
Nova Romero, CMC
Deputy City Clerk
3 5 Fi Str ee , Holli ste r. CA 95023
(83 1) 6 36 -4 300 ext 10 16
Nov a.ro mero@ holl ister .ca .gov
Holli s er.c-a .gov
Pronouns . she . her
Your vote matters ! Register to vote here
Email correspondence with the City of Hollister (and attachments, if any} may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the act.

No te : Us i ng the "Reply All" option may inadvertently result in a Brown Act violation . 2 A.5.b
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DocuSign Envelope ID : C7D5737B-171B-4F33-8E4F-EE 189955CD4B Ple ase use thi page for an y additional information ou ma y need to provide.

D Development Services Comments (if applicable)
A building permit must be obtained for any proposed tents that may be used that are lar~er d1aA 120 square feet f')laced on the site, incltldillg multiple smalle, te11ts j0ined together for an area larger than 120 square feet. Tie-downs shall be secured with at least fifty (50) pounds of weight per corner. A building permit is also required for any generators proposed for the site. All equipment that is used to support the project site such as portable bathrooms, garbage receptacles, generators, and storage vehicles must he placed 01,tside af the tent at all times Ibe app]icaot ro11st scbedule an inspection with the building department once the tent has been set up and receive approval prior to sales. Any tents of any size that include lighting within the tent must be I ev i ewed a11d appt oved by tl1e build i 119 official. Pl ease con tact the building department at 831-636 -4355 for details and to set up an inspection.

The site shall be cleared of all debris frequently throughout the day or at the request D of a public safety officer or City staff member. The outdoor use area shall be swept and any trash shall be removed daily at the conclusion of the outdoor use. □
D
The applicant must obtain all required health permits from the San Benito county EovicoomeotaJ HeaJtb Department if food or b@l'@rag@g ar@ to be gold, prepared, offered, or given away for the pub li c. Please contact the San Benito county Environmental Health Department at 831-636-4035 for details.

Thank you.

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DocuS ign Envelope ID: C7D5737B-171B-4F33-8E4F-EE189955CD4B Holl ister Downt own Association -35th Annual Street Festival and car show -Saturday, July 16 , 2022, Eve nt Hours 10:00 am to 4:00 pm
CIT SE 0" Y
****************************************************************************** APPLICATIO!\ JS:
[x] APPROV D
□ DE . IED
□ R T R ED 3/18/2022
Ex planati on: ------------------------------
□ THI PER.\HT R Q fRES F R T H R Li FOR: L 10 .

Explan ti on: ------------------------------
□ TlH P R.'v1rT REQ LRES THE FO LLO\ l:\G CO , rorTIOi\ f RTHER APPROVAL BY:
□~~--UcPr, BJ6i69E,soo,T'rR.E CH TEF 3/23/2022
0 ~"":i:. "'p,.J., l /18/2022
D~E-1T SER ICES DIR ECTO R
□~~d:v~•lu
XN".{~~NT S ER ·1cES DIRECTOR
3/18 /2022
Pu Ii , A,. :m I~, P ,rmit
□ ---------------
OTH R

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: March 22, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-60, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY STREET CLOSURES FOR THE ANNUAL 4TH OF JULY KIDDIE PARADE

BRIEF DESCRIPTION: This Resolution will authorize the temporary closures of portions of various streets for the Annual 4th of July Kidd ie Parade to be held on the July 4, 2022.

DEPARTMENT SUMMARY: The Hollister Recreation Department will host the Annual 4th of July Kiddie Parade to be held from 10:00 a.m. to 12:00 p.m. on July 4, 2022. Staff is requesting the temporary street closure from 9:00 a.m. to 12:00 p.m.

FINANCIAL IMPACT: Staff time, set up and take down.

CEQA: N/A

ATTACHMENTS:

1. 4th of July Kiddie Parade - Street Closure

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY STREET CLOSURES FOR THE ANNUAL 4TH OF JULY

KIDDIE PARADE

WHEREAS, the Annual 4th of July Kiddie Parade will be held on Monday, July 4, 2022; and

WHEREAS, the Police Department of the City of Hollister has deemed street closures appropriate for Public Safety issues;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the temporary street closure pursuant to the following will ensure Public Safety:

Closure of 7th Street from Swope Alley to 7th Street from 9:00 a.m. to 12:00 p.m.

Closure of 5th Street south on San Benito Street to South Street from 9:00 a.m. to 12:00 p.m.

Closure of South Street from San Benito Street west to Monterey Street 9:00 a.m. to 12:00 p.m.

Closure of Monterey Street north to 5th Street from 9:00 to 12:00 p.m.

Said streets will be temporarily closed pursuant to Se ction 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said closing is necessary for the safety of persons and that Powell Street and East Street will be used during the temporary closure.

The Police Department of the City of Hollister will be responsible for traffic control, including re-routing of traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

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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. 2022-60, 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 18th day of April, 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 April, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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DocuSig n Enve lope ID : 554A7888-6583-4038-924F-B7051870 F 153 ifftt ~f J~ ~ J1 ,___j0 ----'
CITY OF HOLLISTER p t{Yt v-'-,~1______.f"'-'2l""-'l_'l ___;I ~'""""-f\-+l -J_nfr1:--><....:...;...__.<..=..)t__,· ,~li~~-·n_-l~rbfT"""f-1 --=-Cl:::...:....Vl__;_.,,p....i:..../l __ _ ti~6kt, I
Date C)i.. \~ ~ 1 lYJ,, '2--Ti me of Day: from q ·_ 10 Pt .\'Ill to I 1 : ro i) .l'n I Number of People !) 6\) Music: Yes '£. No ___ i
Type of Parade/Eve,:it Street Closure \,(~ d.c\ kl]~ CA,,\ l-\trr1-;h. ('I\ L:\1;) ~ \) vt \4
For City of Holli ster Use on ly
Approved by City Council at regu lar meeting of ______ _

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DocuS ign Envelope ID: 554A788B-6583-4038-924F-87051870F153 RELEA?E-AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT Ci t U rui : ~'lzA11 (}V , its employees, agents, officers, representatives, contractors, heirs and assigns, (collectively ~Applicanr), hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents , or contractors, (collectively "City"), for death , personal injury , property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:
0 Block Party
-~ Parade
Public Event
□ Banner/Sign
□ Other
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents, whether of a serious or minor nature, occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister; and that participants may occasionally sustain mortal or serious personal injuries, and/or property damage , as a consequence thereof. Knowing the risks of the Activity, Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that this WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individuals or entities comprising Applicant. and Applicant will make no claim against , sue, attach the property of, or prosecute the City for injury or damage or economic loss resulting from the negligence or other acts or omissions, howsoever caused, of City, as a result of Applicant's participation in , or City 's authorization of the Activity, or any other act or omission of City relating to the Activity.

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from:
(a) Any and all claims, demands , causes of action, damages, costs, expenses , losses , or liabilities , in law or in equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of any person including Applicant, and damages to or destruction of any property of City or Applicant, or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity, however caused and regardless of whether or not caused in part by the City. (b) Any and all damages, costs, expenses, or penalties, imposed on account of the violation of any governmental law or regulation , compliance with which is the responsibility of Applicant.

Applicant shall, at its own cost , expense and risk, defend all suits , actions , or other legal proceedings of every kind that may be brought or instituted by third persons against the City, relating to the Activity, or to enforce any penalty relating to the Activity. Applicant shall pay and satisfy any judgment. award, decree or penalty assessment that may be rendered against City, in any such suit, action or other legal proceedings. Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing, nothing herein shall be construed to re ire Applicant to indemnify the City from any claim arising from the sole negligence or willful misconduct of th Cit .

DATE

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: March 25, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Public Works - Utilities
Henry Gonzales, Utility
Supervisor
CONTACT: Michael Grzan, Environmental
Programs Manager
831-636-4372

TITLE OF ITEM: RESOLUTION NO. 2022-61, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO SURPLUS CERTAIN IDENTIFIED

VEHICLES AND EQUIPMENT, AND DISPOSE OF SAID SURPLUS THROUGH AN ALREADY AUTHORIZED MEMO OF UNDERSTANDING (RESOLUTION NO. 2017- 21) WITH ONLINE AUCTION COMPANY GOVDEALS INC.

BRIEF DESCRIPTION: Staff is seeking approval to declare certain identified City owned vehicles and equipment as surplus and, through an already authorized Memo of Understanding (Resolution NO. 2017-21) with GovDeals Inc., dispose of on an online auction. There is no upfront cost associated with this agreement, a percentage of the proceeds pay for the auction service.

DEPARTMENT SUMMARY: Certain vehicles and equipment at the City Service Center have been identified by City departments as having lived past their useful life due to high mileage, or high repair and maintenance costs. As such these must first be designated by Council as surplus prior to being disposed of. After, the City may dispose of them in any way for the common benefit.

In 2015 after extensive staff evaluation, and recommendation from The City of Salinas, CA, GovDeals Inc was selected as the most cost effective choice in removing designated surplus. The City was provided an online auction website to list surplus vehicles and equipment for local, state, and international bidders. Winning bidders then would schedule their pick up times with staff. There is no upfront cost to using this service; only a small percentage (5%) of winning bids is used as payment. The success and low cost of this previous process have prompted staff to recommend utilizing GovDeals Inc again to dispose of new City surplus. A Memo of Understanding has already been executed with GovDeals Inc (Resolution NO. 2017-21) and so no further agreement is required.

Staff recommends that the vehicles and equipment identified in Exhibit [A], which have been approved by all City departments, be designated as surplus; and that such declared surplus be disposed of through online auction by GovDeals Inc.

FINANCIAL IMPACT: The proceeds from the sale of the surplus vehicles and equipment shall be deposited into the General Fund.

CEQA: Categorically Exempt

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ATTACHMENTS:

1. Vehicle Surplus Exhibit [A] - 2022

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WH O CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-61

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

SURPLUS CERTAIN IDENTIFIED VEHICLES AND EQUIPMENT, AND DISPOSE OF

SAID SURPLUS THROUGH AN ALREADY AUTHORIZED MEMO OF
UNDERSTANDING (RESOLUTION NO. 2017-21) WITH ONLINE AUCTION COMPANY GOVDEALS INC.

WHEREAS, the City of Hollister owns certain vehicles and equipment (“Property”) as listed in Exhibit A, which has outlived its useful life and is no longe r needed by the City; and

WHEREAS, in order to dispose of the “Property” it must be first be declared as surplus; and

WHEREAS, per Cal. Gov't. Code §37350, “A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.”

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister declares the “Property” listed in attached Exhibit A as surplus and for such surplus to be disposed of through online auction company GovDeals Inc.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 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. 2022-61, 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 18th day of April, 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 April, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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SURPLUS VEHICLE/EQUIPMENT LIST EXHIBIT [A] CITY OF HOLLISTER

Dept. Number Year Make Model License Vin Comments
2205 51301 2013 P-53 FORD WILDLAND PUMPER 1485324 1FD0W5HT9DEA18740 WRECKED 2500 2500-54 2001 HONDA ACCORD 4SAE601 1HGCG16421A059959 MILAGE EXCEEDS SAFETY

STANDARDS
2500 2500-87 2011 FORD CROWN VICTORIA 1363493 2FABP7BV0BX162923 DAMAGED 2500 2500-88 2011 FORD CROWN VICTORIA 1363492 2FABP7BV2BX162924 WRECKED 2500 2500-89 2011 FORD CROWN VICTORIA 1363494 2FABP7BV4BX162925 WRECKED 2500 91710 2017 FORD EXPLORER 1513523 1FM5K8AR7HGB22705 WRECKED 2500 91820 2018 DODGE CHARGER 4QQS418 2C3CDXAG2JH213426 WRECKED 4000 4000-10 2001 FORD TAURUS 1109792 1FAFP52271A232615 NON-OPERABLE 4010 4010-1 2000 FORD FOCUS 1013766 1FAFP34P9YW224364 NON-OPERABLE 4200 1155-1 2001 FORD TAURUS LX 1109794 1FAFP52291A232616 NON-OPERABLE 4990 4990-4 2000 John Deere 7410 TRACTOR RW7410HO21610 Tier 1 Tractor 5005 10107 2001 FORD WINDSTAR 1050418 2FMZA50431BB49468 NON-OPERABLE 5005 10124 2001 FORD TAURUS 4PMG366 1FAFP53271A232564 NON-OPERABLE 5005 2500-93 2002 FORD FOCUS SE 1116718 1FAHP34P62W236911 NON-OPERABLE 5005 8000-4 2001 FORD TAURUS 1109793 1FAFP52201A232617 NON-OPERABLE 5010 5010-24 1987 BEUTHLING B-300T 324453 NON-OPERABLE 5035 11708 2017 POLARIS RANGER XP900 4XARVA873H8024037 WRECKED 5035 5035-22 1990 INGERSOL RAND AIR COMPRESSOR 182189U90178 NON-OPERABLE 7000 10001 2000 FORD RANGER 1048797 1FTYR14V0YPA88877 NON-OPERABLE 5035 20136 2001 FORD EXPEDITION 1088599 1FMPU16L71LB80194 NON-OPERABLE

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: April 6, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Public Works - Utilities
Henry Gonzales, Utility
Supervisor
CONTACT: Henry Gonzales, Utility Supervisor
831-636-4377

TITLE OF ITEM: RESOLUTION NO. 2022-62, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION OF $2,739,180 FROM FUND 660 AND APPROVING SYNA-GRO INC. TO COMPLETE SLUDGE REMOVAL AT THE DWWTP, REMOVING 3000 DRY TONS OF SLUDGE

BRIEF DESCRIPTION: This Resolution will authorize Synagro to remove 3000 dry tons of sludge from the S.S.B located at the City of Hollister’s Wastewater Domestic Plant.

Currently the pond is at maximum capacity which creates odors and issues with storage of sludge.

The City of Hollister has purchased equipment that will be utilized in the near future to remove and process sludge at the Domestic Plant which will reduce the need for outside contractors

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution authorizing an appropriation of $2,739,180 from Fund 660 and approve Synagro Inc. as the appropriate contractor for this task.

DEPARTMENT SUMMARY: Based on the recommendation of the contractor (Veolia Water) which operates the City of Hollister’s Domestic Waste Water Treatment Plant there is an urgent need to remove 3000 dry tons of sludge to prevent continuous odors omitting from the S.S.B. (SUSPENDED SOLIDS BED) and increase the available space within the pond to continue to operate without creating odor and regulatory issues.

In 2018 there was approximately 5,400 dry tons of sludge removed from the S.S.B and the City of Hollister will be contracting out to remove an additional 3,000 dry tons from the same S.S.B. to stay within regulatory standards

ATTACHMENTS:

1. Appropriation Form - DWWTP Sludge Removal

2. SYNAGRO PROPOSAL FOR DOMESTIC PLANT 2022

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION OF $2,739,180 FROM FUND 660 AND APPROVING SYNA-GRO INC. TO COMPLETE SLUDGE REMOVAL AT THE DWWTP, REMOVING 3000 DRY TONS OF SLUDGE

WHEREAS, the City of Hollister owns and operates the Domestic Waste Water Treatment Plant (DWWTP); and

WHEREAS, the level of the water cap has decreased on the S.S.B. and can create odors due to the increase of the amount of solids that have settled since the last dredging was completed; and

WHEREAS, the City of Hollister will be implementing new equipment to remove and process sludge on site; and

WHEREAS, the City of Hollister will be able to manage the S.S.B.; and be more efficient with the handling of the sludge.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the increased appropriation from Fund 660 of $2,739,180 to 660-4990- 750050, to remove 3,000 dry tons of sludge removal, in an amount not to exceed $2,739,180 to complete the project.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 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. 2022-62, 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 18th day of April, 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 April, 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)

Domestic Sewer Fund
Improvements 660 4990 750050 2,739,180
Fund Balance 660 300101 2,739,180
Total 2,739,180 2,739,180

Explanation of Transaction:

Domestic Wastewater Treatment Plant – supplemental appropriation for 3,000 dry tons of sludge removal.

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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435 Willi am s Court, Suite 100
Baltimore, MD 2122 0
,vv,;w.syn agro.com
March 31, 2022
Ivlr. Fermin Garcia
Veolia \'(Tater NA
c/ o City of Hollister W\VIP
Via electronic mail:

Dear Fermin:

SYNAGRO
Synagro 'wWT, lnc. is pleased to provide the following proposal to perform the removal, dewatering, transporta tion and disposition of biosolids located at the City of Hollister Domestic Wastewater Treatment Facility at 2690 San Juan Hollister Road in Hollister, CA.

Please note that although there have been substantial changes in fuel, labor, polymer and other expenses, Synagro's all in price is only 8.7% higher than what it was in 2018 . This is significant when considering the follmving factors:

1. Diesel fuel costs have doubled since 2018.

2. The San Francisco Bay Area Consumer Price Index has increased 11.7% since that time . 3. Polymer for flocculation and dewatering of biosolids, which i s a significant expense has increased over 70% in the last 12 months . 4 . Synagro has added odor control to proactively mitigate odor concerns .

5. Synagro performs comparable work for agencies in Northern California, namely the Town of Windsor and the Sonoma County Water Agency for prices that are approaching $1,100 per dry ton.

Year All in price Volume All in unit price, including site prep, mobilization and demobilization
2022 $2,739,180 3,000 $913 per ton
2018 $1 ,680,000 2,000 $840 per ton
Our detailed scope of services is as follows:

Mobilization and site preparation -Delivery and installation of one hydraulic suction dredge with submersible cutter head and 6" high pressure suction pump, 3 high speed centrifuges or belt presses and ancillary equipment.

Removal of an estimated 3000 dry tons of lagoon biosolids from the sludge storage basin

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Odor Control -Provision of ferrous or ferric chloride injection system and chemical to suppress odors during the removal and dewatering process Mechanical dewatering of lagoon biosolids to approximately 20% solids.

Transportation and disposition of biosolids as alternative daily cover. We are also exploring the prospect of land applying the material for beneficial agricultural use, In the event the material can be land applied, there will be a credit of $21.00 er dry ton to account for the cost savings of d oing so.

Demobilization of equipment included herein
Pricing for the above listed services are as follows:

Llne Item Unit of Measure Quantity Unit Price Extended
Mobilization -including Lump Sum 1 $94,600.00 $ 94,600.00 equipment transportation, delivery, labor to install
pipelines and equipment and
site preparation
Odor Control Lump Sum 1 $23,680.00 $ 23,680.00 Dredge, dewater, transport and disposal as alternative Dry Ton 3,000 $ 855.00 $2,565,000.00 daily cover Demobilization Lump sum 1 · $55,900 .00 $ 55,900.00 Total $2,739,180.00
Other term and conditions:

Synagro will provide its own electrical power via portable generator Synagro will use existing pond water as service make up water for polymer preparation Synagro will provide all labor, equipment, materials, including but not limited to polymer to enhance flocculation of the biosolids
Pricing is based on the payment of prevailing wages for the classifications required to perform the above services (generally Operating Engineers dredge levee hand and pump operators). Substantial discounts would apply in the event it is determined that prevailing wage is not applicable.

Pricing is based on the material being used as Alternative Daily Cover at J oho Smith Landfill and Billy Wright Landfill. The use of the material as alternative daily cover is subject to the landfill's determination on the maximum allowable volumes that can be considered cover material. There is a possibility that some of the material may not be used for cover at John Smith landfill due to volume restrictions. In the event this occurs, Synagro will make every effort to divert material to the Billy Wright landfill and Synagro's Central Valley Compost Facility. The alternate facilities also have daily and total volume limitations. In the event material cannot be stored on the project site and cannot be delivered to alternate sites, there will be a $135 .00 per dry ton surcharge for any material going for disposal at John Smith Landfill. This surcharge is based on the following calculation and would only apply to those tons that are treated as disposal:

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Disposal Difference Percent Difference per dry ton (based on ADC Rate wet ton difference diYided by % Rate per wet ton solids solids
$57.00 $30 .00 ~27 .00 20% $135.00
ConYersely, if Synagro can land apply the material, Veolia or the City will be credited $23.00 per dry ton to account for the differential in the costs of transportation and land application versus transportation and alternative daily cover. This is based on a savings of $4.60 per wet too at 20% solids= $23 .00 per dty ton.

Anticipated start time is as early as the week of May 9, pending ci ty approval and contract execution. Project duration is approximately 3 months including mobilization and demobilization.

Dry tons will be calculated by multiplying the actual tonnage removed as determined by certified weight certificate or landfill scale ticket b y the percent solids as determined b y a 3n1 party State of California certified laboratory. A specific protocol for sampling that is mutually acceptable ·will be developed prior to commencing any work This proposal is nonbinding until such time that Synagro and Veolia, NA or City of Hollister enter into a mutually acceptable agreement for the services described above and are subject to Synagro's standard terms and conditions.

Please call me at 650-333-0729 if you have any guestions or reguire further information. I look forward to hearing from you soon.

Ve1y truly yours, ~ "P~
J oho Pugliaresi

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: April 7, 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

TITLE OF ITEM: RESOLUTION NO. 2022-63, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE SUPPLEMENTAL APPROPRIATION OF $140,000.00 FROM THE GENERAL FUND TO REPAIR

AMENITIES AT THE COMMUNITY BUILDING AT VISTA PARK HILL

BRIEF DESCRIPTION: This action appropriates $140,000 from the General Fund Balance to account 101-8050-750050 for improvements at the Vista Park Hill Community Area.

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution to approve the appropriation in the amount of $140,000 for the Vista Park Hill Outdoor Community Area.

DEPARTMENT SUMMARY: The Hollister Recreation Department rents the community area at Vista Park Hill. The area is a rentable community space with an indoor BBQ pit, outdoor seating area, and roll up doors. Families or companies rent the space to host special events or company picnics. Within the last several years, areas of the roof are caving in, there is water damage, and tiles are falling apart. Staff met with several contractors, during an inspection of the building, the recommendation was to replace the existing roof. In addition to the roof replacement staff would like to replace the wood fence, paint the interior and exterior of the building, update the electrical, and beautify the perimeter with landscaping and lighting.

FINANCIAL IMPACT: $140,000.00 from the General Fund

CEQA: N/A

ATTACHMENTS:

1. 2022-04-07 Appropriation VPH Community Area

2. VPH Presentation

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE SUPPLEMENTAL APPROPRIATION OF $140,000.00 FROM THE

GENERAL FUND TO REPAIR AMENITIES AT THE COMMUNITY BUILDING AT

VISTA PARK HILL

WHEREAS, The Hollister Recreation Department rents the community area at Vista Park Hill; and

WHEREAS, the area is a rentable community space and has an indoor BBQ pit, outdoor seating area, and roll up doors; and

WHEREAS, staff would like to replace the wood fence, paint the interior and exterior of the building, update the electrical, and beautify the perimeter with landscaping and lighting.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve a supplemental appropriation of $140,000.00 from the general fund.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 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. 2022-63, 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 18th day of April, 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 April, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

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 General Fund 140,000
Park Improvements 101 8050 750050 140,000
Total 140,000 140,000

Explanation of Transaction:

Improvements to the Community area at Vista Park Hill to include a new roof, landscaping, fence repair, electrical, BBQ grill, And painting the exterior and interior of the building.

Prepared by Tina Garza Date April 7, 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

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 18, 2022
SUBMITTED: April 7, 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. 2022-64, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CALLING FOR

SEALED BIDS FOR THE SALLY STREET TRAFFIC CALMING PROJECT, CIP C2201

BRIEF DESCRIPTION: This item would authorize staff to call for sealed bids for the Sally Street Traffic Calming Project, CIP C2201.

RECOMMENDATION: Adopt the Resolution authorizing the calling for sealed bids for the Sally Street Traffic Calming Project, CIP C2201.

DEPARTMENT SUMMARY:

The City engaged Kimley-Horn to analyze the need for traffic calming measures on Sally Street and, if needed, determine the specific measures that should be implemented.

Existing conditions and historical data were analyzed, including traffic counts, speed surveys, and collision history, were collected. Additionally, two (2) virtual community meetings and online surveys were conducted to better understand the community's concerns. The information was used to determine cost effective measures that would create a safer atmosphere for the community.

The report was prepared and a presentation was given by Kimley -Horn in October 2021 which summarized the report findings. Council approved the resolution 2021-198 approving the Sally Street Traffic Calming report and authorized the implementation of the recommendations.

The Engineer’s estimate for this project is $1,345,630.00. Once bids are received, staff will come back to council to approve a contract and appropriation.

The plans are now complete for bidding purposes. Staff recommends the City Council authorize staff to call for sealed bids.

FINANCIAL IMPACT: None at this time

CEQA: N/A

ATTACHMENTS:

1. Specifications Sally Street Traffic Calming

2. Hollister Sally Street Traffic Calming 100% Plans_2022.03.29 F.3
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3. RubberForm Engineered Rubber Curb Spec Sheet

4. Sally St traffic study 10-2021

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CALLING FOR SEALED BIDS FOR THE SALLY STREET TRAFFIC CALMING PROJECT, CIP C2201

WHEREAS, the City engaged Kimley-Horn to investigate traffic calming measures along Sally Street; and

WHEREAS, existing conditions and historical data were analyzed; and

WHEREAS, two (2) virtual community meetings and online surveys were conducted to collect information from the community and better understand the community's concerns; and

WHEREAS, based on the analysis and community feedback, Kimley-Horn completed the Sally Street Traffic Calming Report with recommendations for traffic calming measures; and

WHEREAS, in October 2021, council approved resolution 2021-198 approving the Sally Street Traffic Calming report and authorized the implementation of the recommendations; and

WHEREAS, the traffic calming plans are now complete for bidding purpose s.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes staff to call for sealed bids for the Sally Street Traffic Calming Project, CIP C2201.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of April, 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. 2022-64, 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 18th day of April, 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 April, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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SPECIFICATIONS & CONTRACT DOCUMENTS

Sally Street Traffic Calming Project
CIP C2201

CITY OF HOLLISTER

COUNTY OF SAN BENITO

April 2022

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CERTIFICATION

In accordance with the provisions of Section 6735 of the Business of Professions Code of the State of California, these specifications have been prepared by or under the direction of the following Professional Engineers licensed in the State of California.

Mark A. Falgout 3/25/2022
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TABLE OF CONTENTS

SECTION PAGE
CONSTRUCTION CONTRACT..................................................................................................................................................... 1-21 RECITALS ...........................................................................................................................................................................1-2 SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS ....................................................................................... 2 SECTION 2 THE PROJECT ................................................................................................................................................ 2 SECTION 3 THE CONTRACT DOCUMENTS ...................................................................................................................2-3 SECTION 4 THE WORK .................................................................................................................................................... 3 SECTION 5 PROJECT TEAM ............................................................................................................................................. 3 SECTION 6 TIME OF COMPLETION ..............................................................................................................................3-5 SECTION 7 COMPENSATION TO CONTRACTOR .............................................................................................................. 6 SECTION 8 STANDARD OF CARE ..................................................................................................................................... 6 SECTION 9 INDEMNIFICATION ....................................................................................................................................6-7 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS ............................................................................. 7 SECTION 11 INSURANCE AND BONDS .............................................................................................................................. 7 SECTION 12 PROHIBITION AGAINST TRANSFERS ..........................................................................................................7-8 SECTION 13 NOTICES .....................................................................................................................................................8-9 SECTION 14 DISPUTE RESOLUTION .............................................................................................................................9-13 SECTION 15 DEFAULT ..................................................................................................................................................... 13 SECTION 16 CITY’S RIGHT’S AND REMEDIES .............................................................................................................13-17 SECTION 17 CONTRACTOR’S RIGHT’S AND REMEDIES ..............................................................................................17-18 SECTION 18 ACCOUNTING RECORDS ............................................................................................................................. 18 SECTION 19 INDEPENDENT PARTIES .............................................................................................................................. 18 SECTION 20 NUISANCE ................................................................................................................................................... 19 SECTION 21 PERMITS AND LICENSES.............................................................................................................................. 19 SECTION 22 WAIVER ....................................................................................................................................................... 19 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT ................................................................................... 19 SECTION 24 GOVERNING LAW ....................................................................................................................................... 19 SECTION 25 COMPLETE AGREEMENT............................................................................................................................. 19 SECTION 26 SURVIVAL OF CONTRACT .......................................................................................................................19-20 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS .................................................................................................. 20 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM SB 854 ............................................................. 20 SECTION 31 GOVERNMENTAL POWERS ......................................................................................................................... 21 SECTION 32 SEVERABILITY .............................................................................................................................................. 21 SECTION 33 EXHIBITS ..................................................................................................................................................... 21 NOTICE INVITING SEALED BIDS ............................................................................................................................. EXHIBIT 1 CONTRACTOR’S BID ............................................................................................................................................... EXHIBIT 2 INSTRUCTION TO BIDDERS and PROPOSAL TO CITY OF HOLLISTER .................................................................... EXHIBIT 3 A) GENERAL INFORMATION .............................................................................................................................. ITB-1 B) PROPOSAL FORMS ......................................................................................................................................... ITB-1 C) BIDDER'S GUARANTY AND RETURN OF GUARANTY ................................................................................... ITB-1 D) CONTRACT BONDS .......................................................................................................................... ITB-1 & ITB-2 E) REJECTION OF PROPOSALS ..................................................................................................................... ITB-2 F) AWARD OF CONTRACT .................................................................................................................................. ITB-2 G) EXECUTION OF CONTRACT ........................................................................................................................... ITB-2 H) STANDARD SPECIFICATIONS ......................................................................................................................... ITB-2 I) SUPPLEMENTAL PLANS AND SPECIFICATIONS ............................................................................................ ITB-3 J) EXAMIN. OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK .................................. ITB-3 K) WORKERS' COMPENSATION INSURANCE .................................................................................................... ITB-3 L) LIABILITY INSURANCE .................................................................................................................................... ITB-3 F.3.a
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M) PREVAILING WAGES APPLICABLE ................................................................................................................. ITB-3 N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION ........................................................................ ITB-3 O) NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER .............................................................. ITB-4 P) HOURS OF CONSTRUCTION .................................................................................................................... ITB-4

STATEMENT OF WORK ................................................................................................................................................. EXHIBIT 4 A) LOCATION .................................................................................................................................................... SOW-1 B) DESCRIPTION OF WORK ............................................................................................................................. SOW-1 C) CONTRACT DOCUMENTS ........................................................................................................................... SOW-1 D) FIELD MEASUREMENT ................................................................................................................................ SOW-1 E) TIME FOR COMPLETION ............................................................................................................................. SOW-1 F) REGISTRATION OF CONTRACTORS ............................................................................................................ SOW-1 G) DELETION OF CONSTRUCTION ITEMS ....................................................................................................... SOW-1 ITEMS OF CONSTRUCTION ........................................................................................................................................... EXHIBIT 5 DESIGNATION OF SUBCONTRACTOR .......................................................................................................................... EXHIBIT 6 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER and SUBMITTED WITH BID ................................................. EXHIBIT 7 GENERAL CONDITIONS ................................................................................................................................................. EXHIBIT 8 SPECIAL PROVISIONS and/or TECHNICAL SPECIFICATIONS ...................................................................................... EXHIBIT 9 DIVISION 1 – SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION ............................................................................................................................... SP1 01011 SUMMARY OF WORK.................................................................................................................................. SP1 01012 EQUIPMENT TO BE PROVIDED TO OWNER ................................................................................................ SP1 01013 WORK BY OTHERS ...................................................................................................................................... SP1 01014 DEFINITIONS ............................................................................................................................................... SP1 01015 WORK INVOLVING EXISTING SYSTEM......................................................................................................... SP1 01016 COORDINATION OF WORK ......................................................................................................................... SP1 01017 WORK SEQUENCE AND CONSTRAINTS ....................................................................................................... SP2 01020 CONSTRUCTION STAKES, LINES AND GRADES (NOT USED) ........................................................................ SP2 01021 SITE WORK .................................................................................................................................................. SP2 01022 PARTIAL ACCEPTANCE OF WORK ............................................................................................................... SP2 01023 PARTIAL AND FINAL PAYMENT ................................................................................................................... SP3 01210 PRECONSTRUCTION CONFERENCE ............................................................................................................. SP3 01220 PROGRESS MEETINGS ................................................................................................................................. SP3 01221 SCHEDULE REVIEW ..................................................................................................................................... SP4 01222 REVISIONS TO CONSTRUCTION SCHEDULE ................................................................................................ SP4 01300 SUBMITTALS – SHOP DRAWINGS ............................................................................................................... SP4 01310 MATERIALS AND EQUIPMENT LIST ............................................................................................................. SP5 01320 QUALITY CONTROL ..................................................................................................................................... SP5 01321 SAMPLING .................................................................................................................................................. SP5 01322 INSPECTION ................................................................................................................................................ SP5 01400 TEMPORARY FACILITIES .............................................................................................................................. SP6 01401 ELECTRICAL SERVICE ................................................................................................................................... SP6 01402 TEMPORARY LIGHTING ............................................................................................................................... SP6 01403 HEATING AND VENTILATION (NOT USED) .................................................................................................. SP6 01404 WATER ........................................................................................................................................................ SP6 01405 SANITARY CONVENIENCES ......................................................................................................................... SP7 01414 WARNING DEVICES AND BARRICADES ....................................................................................................... SP7 01415 HAZARDS IN PROTECTED AREAS ................................................................................................................ SP7 01416 PROTECTION OF EXISTING ITEMS ............................................................................................................... SP7 01417 PROJECT SECURITY ..................................................................................................................................... SP7 01418 FIRE EXTINGUISHERS .................................................................................................................................. SP7 01419 DUST CONTROL .......................................................................................................................................... SP7 01420 SPECIAL CONTROLS .................................................................................................................................... SP7 01422 ODOR CONTROL ......................................................................................................................................... SP8 01423 DRAINAGE CONTROL .................................................................................................................................. SP8 01424 EROSION CONTROL .................................................................................................................................... SP8 F.3.a
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01502 CONTRACTOR'S CONTINUING OBLIGATION ............................................................................................... SP8 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES ............................................................................................ SP8 01504 PROJECT CLOSEOUT ................................................................................................................................... SP8 01505 CLEANING ................................................................................................................................................... SP9 01506 FINAL SITE CLEAN-UP ................................................................................................................................. SP9 01507 WASTE DISPOSAL........................................................................................................................................ SP9 01510 PROJECT RECORD DOCUMENTS ................................................................................................................. SP9 01520 TOUCH-UP AND REPAIR ............................................................................................................................. SP9 01530 REUSE OF DOCUMENTS .............................................................................................................................. SP9 DIVISION 2 – TECHNICAL SPECIFICATIONS
02010 GENERAL CONDITIONS ............................................................................................................................... TS1 02011 SUBSURFACE CONDITIONS ......................................................................................................................... TS4 02016 EXISTING UTILITIES ..................................................................................................................................... TS4 02050 DEMOLITION .............................................................................................................................................. TS5 02075 REMOVE CURB & GUTTER .......................................................................................................................... TS7 02100 MOBILIZATION/DEMOBILIZATION.............................................................................................................. TS7 02110 SCHEDULING ............................................................................................................................................... TS8 02120 SURVEYING & CONSTRUCTION STAKING ................................................................................................... TS8 02200 TRAFFIC CONTROL SPECIFICATIONS ........................................................................................................... TS8 02370 REMOVAL OF USA AND CONSTRUCTION MARKINGS ................................................................................. TS10 02400 STORM WATER BEST MANAGEMENT PRACTICESS .................................................................................... TS10 03200 RUBBERIZED HOT MIX ASPHALT CONCRETE .............................................................................................. TS11 03250 GEOSYNTHETIC FABRIC .............................................................................................................................. TS11 03275 BASE FAILURE REPAIR ................................................................................................................................. TS19 03300 UTILITY ADJUSTMENT & COORDINATION .................................................................................................. TS20 06100 CURB & SIDEWALK ..................................................................................................................................... TS21 06110 LAYOUT CURB RAMP .................................................................................................................................. TS21 PAYMENT AND PERFORMANCE BOND………………………………………………………………….EXHIBIT 10 F.3.a
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1 CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT, entered into on _______________ , 202_ (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and ________________________________________________("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 ________________, License Number ___________. Contractor is a [general contractor with a XXXX 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 __________, 202__, City issued a Notice Inviting Bids to contractors for the ______________________ 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 ________________________________________________, CIP ______, and other services, as identified in the in the Bid Documents for the
_______________________________________ 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.

Insert project description
("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
(xiii) General Conditions
(xvi) 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

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3 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 ______ (___) calendar/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 Cont ract 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 F.3.a
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4 which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion 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.

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 F.3.a
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5 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
(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 _____________ Dollars ($ __________) (the “Contract Sum”).

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6 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, 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 an d fees F.3.a
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7 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 Attorney. 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.

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;
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8 (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: , Project Manager
Re: ______________________________________, CIP C______

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: ______________________________________, CIP C______

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:
__________________________________
__________________________________
__________________________________
__________________________________
Re: ______________________________________, CIP C______

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.

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9 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 o f 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).

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10 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.

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 F.3.a
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11 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 t wenty (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; F.3.a
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12 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, 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 F.3.a
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13 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.

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.

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14 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.

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 F.3.a
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15 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 elec tion 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 Contracto r 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 stopp age. 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 th is 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.

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16 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; (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 F.3.a
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17 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 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 - F.3.a
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18 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 rece ive 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 no t 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 Construct ion 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.

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19 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.

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.

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20 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 .

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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21 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

CONTRACTOR:

__________________________________
__________________________________
By _______________________________
Title _____________________________

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EXHIBIT 1
Notice Inviting Sealed Bids
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NOTICE INVITING SEALED BIDS
for the Sally Street Traffic Calming Project
Project Name, CIP C2201

The City Council of the City of Hollister invites sealed bids for the Sally Street Traffic Calming Project, CIP C2201.

The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister.

The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. New roadway improvements will be conformed to private driveways.

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 o rder 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 Insert time pm on Insert date, said time being at least ten (10) days from the first F.3.a
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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 via zoom (see link below) on (insert date/time) The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on_Insert date. Questions must be received prior to this time and date by e-mail at [email protected]. You may also utilize the Q/A feature within ebidboard on the project.

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
Date/Time: __________________ AM Pacific Time (US and Canada)

Join Zoom Meeting
Insert Zoom link

Meeting ID: ________________
Passcode: __________________

Bid Opening
Date/Time: __________________ AM Pacific Time (US and Canada)

Join Zoom Meeting
Insert Zoom link

Meeting ID: ________________
Passcode: __________________

Dated: _______________
Christine Black, MMC
City Clerk of the City of Hollister Published: __________ & ______________

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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: SALLY STREET TRAFFIC CALMING 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:

Sally Street Traffic Calming Project, CIP C2201
Base Bid Schedule

Item
No. Item Description
Approx.

Qty. Units Unit Price Bid Amount
1 MOBILIZATION/DEMOBILIZATION
1 LS $ $
2 TRAFFIC CONTROL AND
CONSTRUCTION AREA SIGNS 1 LS $ $
3 CURB RAMP DEMOLITION AND

INSTALLATION (INCLUDE C&G, SIDEWALK,

AND AC)
12 EA $ $
4 BASE FAILURE REPAIR 13,700 SF $ $
5 ASPHALT GEOSYNTHETIC INTERLAYER 15,225 SY $ $
6 COLD PLANE ASPHALT CONCRETE
AND OVERLAY (0.29' DEPTH) 1,325 CY $ $
7 INSTALL DETECTABLE WARNING 13 EA $ $
8 ADJUST UTILITY TO GRADE 1 EA $ $
9 ADJUST SURVEY MONUMENT TO GRADE 3 EA $ $
10 ENGINEERED RUBBER CURB 158 LF $ $
11 TRAFFIC CIRCLE DIRECTIONAL SIGN AND
POST 12 EA $ $
12 BRICK PAVERS (INCLUDING SAND
BEDDING) 981 SF $ $
13 SPEED CUSHION INSTALLATION 3 EA $ $
14 STOP APPROACH LINE 178 LF $ $
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Item
No. Item Description
Approx.

Qty. Units Unit Price Bid Amount
15 THERMOPLASTIC TRIPLE FOUR

CROSSWALK (WHITE) (CALTRANS
STANDARD PLAN A24F)
2,776 SF
16 THERMOPLASTIC BASIC CROSSWALK
(WHITE) (CALTRANS STANDARD PLAN
A24F)
113 SF
17 THERMOPLASTIC PAVEMENT
MARKING (GREEN) 2,248 SF
18 THERMOPLASTIC PAVEMENT
MARKING (WHITE) 499 SF
19 THERMOPLASTIC TRAFFIC STRIPE
(DETAIL 27B) 4,145 LF
20 THERMOPLASTIC TRAFFIC STRIPE
(DETAIL 39) 8,340 LF
21 THERMOPLASTIC TRAFFIC STRIPE
(DETAIL 21) 2,015 LF
22 THERMOPLASTIC STRIPE (6" YELLOW) 215 LF
23 THERMOPLASTIC STRIPE (6" WHITE) 1,100 LF
24 ROADSIDE SIGN 14 EA
25 INSTALL 8" PVC WATER MAIN 2,715 LF
26 INSTALL PVC TEE & CONNECT TO EX
WATER MAIN 4 EA
27 INSTALL PVC CROSS & CONNECT TO

EX WATER MAIN 3 EA
28 INSTALL 90 DEGREE BEND WITH
THRUST BLOCK 1 EA
29 INSTALL GATE VALVE 28 EA
30 INSTALL FIRE HYDRANT CONNECTION 6 EA
31 REMOVE EXISTING WATER MAIN 2,703 LF
32 RECONNECT WATER SERVICE TO NEW
MAIN 42 EA
33 EXTEND EXISTING WATER SERVICE TO
NEW MAIN 29 EA

BASE BID TOTAL: This Base 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: $ ___________________________

BASE BID WRITTEN OUT

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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.

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.

______________________________________
Name and Title of Bidder

________________________________
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 Alter nates 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. 3 ______

Addendum No. 2 ______ 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 dire ctly 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:

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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)

and/or will
possess the class required by the contract specifications at the time of contract award.

Contractor’s DIR #

_________________________________ 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.

Business Address: Business Phone:________________________

Email Address:_____________________________

Dated: , 20__

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 afores aid 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.

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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 insert date, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Sally Street Traffic Calming Project, CIP C2201” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:

Said bids will be referred to and consid ered 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 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.3.a
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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 o f 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 c alendar 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 SPECIFIC ATIONS

The work embraced herein shall be done in accordance with the appropriate provisions of the latest 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 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, are hereby incorporated into these specifications.

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 Transportati on (Caltrans), F.3.a
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ITB – 3

latest 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 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 W orks 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.

O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

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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

Sally Street between Nash Road and Hawkins Street in the City of Hollister.

B) DESCRIPTION OF WORK

The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister. The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. 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.

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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/demobilization. There will be no additional cost for mobilization/demobilization if added alternate work is included.

2. TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS

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. CURB RAMP DEMOLITION AND INSTALLATION

Measurement: CURB RAMP DEMOLITION AND INSTALLATION shall be measured on a per each basis.

Payment: Payment for CURB RAMP DEMOLITION AND INSTALLATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CURB RAMP DEMOLITION AND INSTALLATION, at locations as directed by the Engineer.

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IOC- 2

4. BASE FAILURE REPAIR

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.

5. ASPHALT GEOSYNTHETIC INTERLAYER

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: ASPHALT GEOSYNTHETIC INTERLAYER shall be measured on a square yard basis

Payment: Payment for ASPHALT GEOSYNTHETIC INTERLAYER shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved ASPHALT GEOSYNTHETIC INTERLAYER, including all work necessary to prepare the roadway surface to receive geosynthetic interlayer not paid for in other bid items.

6. COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (0.29’ DEPTH)

Measurement: COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (0.29’ DEPTH) OVERLAY shall be measured on a cubic yard basis.

Payment: Payment for COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (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 GRIND AND OVERLAY (0.29’ DEPTH), including all work necessary to prepare the roadway surface to receive grind and overlay not paid for in other bid items.

7. INSTALL DETECTABLE WARNING

Measurement: INSTALL DETECTABLE WARNING shall be measured on a per each basis.

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Payment: Payment for INSTALL DETECTABLE WARNING shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL DETECTABLE WARNING, including all work necessary to prepare the roadway to receive base failure repair not paid for in other bid items.

8. ADJUST UTILITY COVER TO GRADE

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.

9. ADJUST SURVEY MONUMENT TO GRADE

Measurement: ADJUST SURVEY MONUMENT TO GRADE shall be measured on a per each basis.

Payment: Payment for ADJUST SURVEY MONUMENT TO GRADE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ADJUST SURVEY MONUMENT TO GRADE.

10. ENGINEERED RUBBER CURB

Measurement: ENGINEERED 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 ENGINEERED 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.

11. TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST

Measurement: TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST shall be measured on a per each basis.

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Payment: Payment for TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST. TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST shall be compensated on a per each basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

12. BRICK PAVERS (INCLUDING SAND BEDDING)

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.

13. SPEED CUSHION

Measurement: SPEED CUSHION shall be measured on a per each basis.

Payment: Payment for SPEED CUSHION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SPEED CUSHION, at locations as directed by the Engineer.

14. STOP APPROACH LINE

Measurement: STOP APPROACH LINE shall be measured on a linear foot basis.

Payment: Payment for STOP APPROACH LINE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in STOP APPROACH LINE.

STOP APPROACH LINE shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

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15. THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) (CALTRANS STD PLN A24F)

Measurement: THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) shall be measured on a square foot basis.

Payment: Payment for THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE). THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

16. THERMOPLASTIC BASIC CROSSWALK (WHITE) (CALTRANS STD PLN A24F)

Measurement: THERMOPLASTIC BASIC CROSSWALK (WHITE) shall be measured on a square foot basis.

Payment: Payment for THERMOPLASTIC BASIC CROSSWALK (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC BASIC CROSSWALK (WHITE). THERMOPLASTIC BASIC CROSSWALK (WHITE) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

17. THERMOPLASTIC PAVEMENT MARKING (GREEN)

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

Payment: Payment for THERMOPLASTIC PAVEMENT MARKING (GREEN) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING (GREEN). THERMOPLASTIC PAVEMENT MARKING (GREEN) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

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18. THERMOPLASTIC PAVEMENT MARKING (WHITE)

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 incident als, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING (WHITE). THERMOPLASTIC PAVEMENT MARKING (WHITE) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

19. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B)

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 facilitie s; all as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) 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 (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

20. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39)

Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) 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 (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

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21. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21)

Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) 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 (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall include full compensation for providing all labor, materials, tools, equipment and incid entals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

22. THERMOPLASTIC STRIPE (6” YELLOW)

Measurement: THERMOPLASTIC STRIPE (6” YELLOW) 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 STRIPE (6” YELLOW) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE (6” YELLOW). THERMOPLASTIC STRIPE (6” YELLOW) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.

23. THERMOPLASTIC STRIPE (6” 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; al l as required for the proper performance and completion of the work.

Measurement: THERMOPLASTIC STRIPE (6” WHITE) 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 STRIPE (6” WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work inv olved in THERMOPLASTIC STRIPE (6” WHITE). THERMOPLASTIC STRIPE (6” WHITE) shall be compensated on a linear foot basis. Full F.3.a
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compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefo re.

24. ROADSIDE SIGN

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.

25. INSTALL 8” PVC WATER MAIN

Measurement: INSTALL 8” PVC WATER MAIN shall be measured on a linear foot basis.

Payment: Payment INSTALL 8” PVC WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 8” PVC WATER MAIN, at locations as directed by the Engineer.

26. INSTALL PVC TEE & CONNECT TO EX WATER MAIN

Measurement: INSTALL PVC TEE & CONNECT TO EX WATER MAIN shall be measured on a per each basis.

Payment: Payment for INSTALL PVC TEE & CONNECT TO EX WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL PVC TEE & CONNECT TO EX WATER MAIN, at locations as directed by the Engineer.

27. INSTALL PVC CROSS & CONNECT TO EX WATER MAIN

Measurement: INSTALL PVC CROSS & CONNECT TO EX WATER MAIN shall be measured on a per each basis.

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Payment: Payment for INSTALL PVC CROSS & CONNECT TO EX WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL PVC CROSS & CONNECT TO EX WATER MAIN, at locations as directed by the Engineer.

28. INSTALL 90 DEG BEND WITH THRUST BLOCK

Measurement: INSTALL 90 DEG BEND WITH THRUST BLOCK shall be measured on a per each basis.

Payment: Payment for INSTALL 90 DEG BEND WITH THRUST BLOCK shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 90 DEG BEND WITH THRUST BLOCK, at locations as directed by the Engineer.

29. INSTALL GATE VALVE

Measurement: INSTALL GATE VALVE shall be measured on a per each basis.

Payment: Payment for INSTALL GATE VALVE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL GATE VALVE, at locations as directed by the Engineer.

30. INSTALL FIRE HYDRANT CONNECTION

Measurement: INSTALL FIRE HYDRANT CONNECTION shall be measured on a per each basis.

Payment: Payment for INSTALL FIRE HYDRANT CONNECTION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL FIRE HYDRANT CONNECTION, at locations as directed by the Engineer.

31. REMOVE EXISTING WATER MAIN

Measurement: REMOVE EXISTING WATER MAIN shall be measured on a linear foot basis.

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Payment: Payment for REMOVE EXISTING WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in REMOVE EXISTING WATER MAIN, at locations as directed by the Engineer.

32. RECONNECT WATER SERVICE TO NEW MAIN

Measurement: RECONNECT WATER SERVICE TO NEW MAIN shall be measured on a per each basis.

Payment: Payment for RECONNECT WATER SERVICE TO NEW MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RECONNECT WATER SERVICE TO NEW MAIN, at locations as directed by the Engineer.

33. EXTEND EXISTING WATER SERVICE TO NEW MAIN

Measurement: EXTEND EXISTING WATER SERVICE TO NEW MAIN shall be measured on a per each basis.

Payment: Payment for EXTEND EXISTING WATER SERVICE TO NEW MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in EXTEND EXISTING WATER SERVICE TO NEW MAIN, at locations as directed by the Engineer.

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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, redu ced in writing, as a public record of the City.

NAME LICENSE

PHONE NUMBER NUMBER DIR PERCENTAGE

BUSINESS ADDRESS & CLASS NUMBER OF WORK

1. 2.

3. 4.

5. 6.

7. 8.

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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:

I am the ________________________ of _______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder 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 __________ (date), at ________________________ (City), ___________________(State).

________________________________
Name of Contractor

______________________________________
Signature of Contractor

________________________________
Printed Name

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EXHIBIT 8
General Conditions
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TABLE OF CONTENTS
PAGE

SECTION 1 DEFINITIONS AND TERMS ................................................................................ 1 G1.01 GENERAL ............................................................................................................... 1 G1.02 DEFINITIONS ......................................................................................................... 1 G1.03 ABBREVIATIONS .................................................................................................. 5 SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS ................. 8 G2.01 OBTAINING PROPOSAL FORMS ..................................................................... 8 G2.02 ENGINEER'S ESTIMATE..................................................................................... 8 G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK ...... 8 G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA .............. 8 G2.05 EXPLANATIONS ................................................................................................... 9 G2.06 PREPARATION OF PROPOSALS ..................................................................... 9 G2.07 SUBMISSION OF PROPOSALS ........................................................................ 9 G2.08 LIST OF SUBCONTRACTORS ........................................................................... 9 G2.08A IDENTIFICATION OF SURETY COMPANY FURNISHING
PERFORMANCE AND PAYMENT BONDS ................................................... 10 G2.09 PROPOSAL GUARANTY ................................................................................... 10 G2.10 NON-COLLUSION DECLARATION. ................................................................ 10 G2.11 WITHDRAWAL OF PROPOSALS .................................................................... 10 G2.12 PUBLIC OPENING OF PROPOSALS.............................................................. 10 G2.13 REJECTION OF PROPOSALS ......................................................................... 10 G2.14 DISQUALIFICATION OF BIDDERS ................................................................. 11 G2.15 LICENSING OF BIDDERS ................................................................................. 11 G2.16 RESPONSIBILITY OF BIDDERS ..................................................................... 11 G2.16A INELIGIBILITY OF CONTRACTORS ............................................................... 11 G2.17 RELIEF OF BIDDERS ........................................................................................ 11 G2.18 BID PROTEST PROCEDURE ........................................................................... 12 G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. ............. 12 G2.20 IRAN CONTRACTING ACT ............................................................................... 12 SECTION 3 AWARD AND EXECUTION OF CONTRACT ................................................. 13 G3.01 AWARD OF CONTRACT ................................................................................... 13 G3.02 TIME OF AWARD ................................................................................................ 13 G3.03 EXECUTION OF CONTRACT ........................................................................... 13 G3.04 CONTRACT BONDS .......................................................................................... 14 G3.05 FAILURE TO EXECUTE CONTRACT ............................................................. 14 G3.06 RETURN OF PROPOSAL GUARANTY .......................................................... 14 SECTION 4 SCOPE OF WORK ............................................................................................. 15 G4.01 INTENT OF CONTRACT DOCUMENTS ......................................................... 15 G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS ..... 15 G4.03 DIFFERING SITE CONDITIONS ...................................................................... 15 F.3.a
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G4.04 CHANGES; CONTRACT CHANGE ORDER .................................................. 16 G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK ......................... 16 G4.06 PROPOSED CONTRACT CHANGE ORDER ................................................ 17 F.3.a
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G4.07 EXECUTED CONTRACT CHANGE ORDER ................................................. 17 G4.08 CONTRACT PRICE ADJUSTMENT ................................................................ 17 G4.09 PROTEST PROCEDURE .................................................................................. 18 G4.10 CONTINUANCE OF CONSTRUCTION ........................................................... 19 G4.11 FIELD CHANGES ................................................................................................ 19 G4.12 DETOURS ............................................................................................................ 19 G4.13 ARCHAEOLOGICAL DISCOVERIES .............................................................. 19 G4.14 PRESERVATION AND CLEANING.................................................................. 19 G4.15 GUARANTY OF WORK...................................................................................... 19 G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD ........................ 20 G4.17 VALUE ENGINEERING ...................................................................................... 20 SECTION 5 CONTROL OF WORK ........................................................................................ 23 G5.01 AUTHORITY OF ENGINEER ............................................................................ 23 G5.02 CONTRACT DRAWINGS ................................................................................... 23 G5.03 SHOP DRAWINGS.............................................................................................. 23 G5.04 CONFORMITY WITH CONTRACT DOCUMENTS ........................................ 24 G5.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ...................................................................................................... 24 G5.06 ORDER OF WORK ............................................................................................. 25 G5.07 SUPERINTENDENCE ........................................................................................ 25 G5.08 LINES AND GRADES ......................................................................................... 25 G5.09 INSPECTION........................................................................................................ 26 G5.10 DOCUMENTS ON JOB SITE ............................................................................ 27 G5.11 CORRECTION, REMOVAL OF REJECTED WORK ..................................... 27 G5.12 EQUIPMENT AND PLANTS .............................................................................. 27 G5.13 CHARACTER OF WORKERS ........................................................................... 27 G5.14 FINAL INSPECTION ........................................................................................... 27 G5.15 SUBMITTAL OF AS-BUILT DATA .................................................................... 28 G5.16 EMERGENCIES .................................................................................................. 28 G5.17 RIGHTS-OF-WAY................................................................................................ 28 SECTION 6 CONTROL OF MATERIALS .............................................................................. 29 G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS ............................. 29 G6.02 CITY-FURNISHED MATERIALS ...................................................................... 29 G6.03 STORAGE OF MATERIALS .............................................................................. 30 G6.04 DEFECTIVE MATERIALS .................................................................................. 30 G6.05 TRADE NAMES AND ALTERNATIVES .......................................................... 30 G6.06 PLANT INSPECTION.......................................................................................... 30 G6.07 PRODUCT AND REFERENCE STANDARDS ............................................... 31 G6.08 SAMPLES ............................................................................................................. 31 G6.09 TESTING OF MATERIALS OR WORK............................................................ 31 G6.10 CERTIFICATE OF COMPLIANCE .................................................................... 32 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ............................................ 33 G7.01 LAWS TO BE OBSERVED ................................................................................ 33 G7.02 LABOR CODE REQUIREMENTS .................................................................... 33 G7.03 AIR POLLUTION CONTROL ............................................................................. 36 F.3.a
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G7.04 WATER POLLUTION CONTROL ..................................................................... 36 G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING
UTILITIES ............................................................................................................. 38 G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION ......................................... 38 G7.07 SOUND CONTROL REQUIREMENTS ............................................................ 39 G7.08 USE OF PESTICIDES ........................................................................................ 39 G7.09 WEIGHT LIMITATIONS ...................................................................................... 39 G7.10 PAYMENT OF TAXES ........................................................................................ 39 G7.11 PERMITS AND LICENSES ................................................................................ 39 G7.12 PATENTS.............................................................................................................. 40 G7.13 SAFETY REQUIREMENTS ............................................................................... 40 G7.14 TRENCH EXCAVATION SAFETY PLAN ........................................................ 41 G7.15 SANITARY PROVISIONS .................................................................................. 41 G7.16 PUBLIC CONVENIENCE ................................................................................... 41 G7.17 PUBLIC SAFETY ................................................................................................. 42 G7.18 PRESERVATION OF PROPERTY ................................................................... 42 G7.19 RESPONSIBILITY FOR DAMAGE ................................................................... 43 G7.20 RESPONSIBILITY FOR WORK AND MATERIALS ....................................... 44 G7.21 CONTRACTOR'S LIABILITY INSURANCE .................................................... 44 G7.22 PROPERTY INSURANCE ................................................................................. 46 G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE ............................. 47 G7.24 COOPERATION .................................................................................................. 47 G7.25 OCCUPANCY PRIOR TO ACCEPTANCE...................................................... 48 G7.26 ACCEPTANCE OF THE WORK ....................................................................... 48 G7.27 PROPERTY RIGHTS IN MATERIALS ............................................................. 48 G7.28 RIGHTS IN LAND AND IMPROVEMENTS ..................................................... 48 G7.29 ANTITRUST CLAIMS.......................................................................................... 48 G7.30 ACCESS TO THE WORK .................................................................................. 49 G7.31 PERSONAL LIABILITY ....................................................................................... 49 G7.32 THIRD PARTY RIGHTS ..................................................................................... 49 G7.33 INDEPENDENT CONTRACTOR STATUS ..................................................... 49 G7.34 HAZARDOUS CHEMICALS AND WASTES ................................................... 49 SECTION 8 PROSECUTION AND PROGRESS ................................................................. 50 G8.01 SUBCONTRACTING .......................................................................................... 50 G8.02 ASSIGNMENT...................................................................................................... 51 G8.03 NOTICE TO PROCEED ..................................................................................... 51 G8.04 BEGINNING OF WORK ..................................................................................... 51 G8.05 SCHEDULES AND PROGRESS REPORTS .................................................. 51 G8.06 SITE MEETINGS ................................................................................................. 52 G8.07 TIME OF COMPLETION .................................................................................... 52 G8.08 ADDITIONAL SHIFT WORK .............................................................................. 52 G8.09 CITY'S RIGHT TO STOP THE WORK ............................................................. 52 G8.10 LIQUIDATED DAMAGES ................................................................................... 52 G8.11 DELAYS AND EXTENSIONS OF TIME .......................................................... 53 G8.12 TERMINATION OF RIGHT TO PROCEED ..................................................... 54 G8.13 TERMINATION OF CONTRACT ...................................................................... 55 G8.14 CITY AND NON-CITY FACILITIES .................................................................. 57 F.3.a
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G8.15 TEMPORARY UTILITIES ................................................................................... 57 SECTION 9 MEASUREMENT AND PAYMENT ................................................................... 58 G9.01 MEASUREMENT OF QUANTITIES ................................................................. 58 G9.02 SCOPE OF PAYMENT ....................................................................................... 58 G9.03 FORCE ACCOUNT PAYMENT ......................................................................... 58 G9.04 FORCE ACCOUNT RECORDS ........................................................................ 64 G9.05 NOTICE OF POTENTIAL CLAIM ...................................................................... 65 G9.06 RECORDS ............................................................................................................ 65 G9.07 DISPUTE RESOLUTION.................................................................................... 66 G9.08 STOP PAYMENT NOTICES .............................................................................. 66 G9.09 PAYMENT SCHEDULES ................................................................................... 66 G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK
COMPLETED ...................................................................................................... 67 G9.11 RETENTION ......................................................................................................... 67 G9.12 PARTIAL PAYMENTS ........................................................................................ 67 G9.13 PAYMENT OF WITHHELD FUNDS ................................................................. 68 G9.14 PROMPT PAYMENT TO CONTRACTOR ...................................................... 68 G9.15 FINAL PAYMENT ................................................................................................ 68 F.3.a
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SECTION 1

DEFINITIONS AND TERMS
G1.01 GENERAL. Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are utilized for the sake of brevity, and are intended to refer to persons of either sex.

G1.02 DEFINITIONS. As used herein, unless the context otherwise requires, the following terms have the following meaning:

Acceptance: The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the Contract Documents.

Addenda: Written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.

Agents: The term "agents" means, in the case of the City, its Consulting Engineer, (if not the Engineer of the work and defined as the Engineer in the Contract Documents), the City Legal Counsel and others retained by the City to provide services associated with contract work.

As Approved: The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer for conformance with the Contract Documents."

As -Built Drawings: Contract plans revised to reflect any modifications resulting during the construction phase and conditions found to differ from those shown on the contract plans.

As Shown; and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Contract Plans," "in the Specifications" or "by the Contract Documents" as appropriate.

Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Caltrans: The Department of Transportation, Business & Transportation Agency, State of California.

City: The City of Hollister.

City Manager: The City Manager of the City.

City Clerk: The City Clerk of the City.

Contract Change Order: An order authorized by the City and issued to the contractor amending the Contract Documents. An "approved Contract Change Order" is an order signed by the Engineer or the City Manager. An "executed Contract Change Order" is an order signed by the Engineer or the City Manager and the Contractor.

Contract: The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include the Contract Documents, and any and all supplemental agreements. Supplemental agreements are F.3.a
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written agreements covering alterations, amendments or extensions to the Contract and include contract change orders.

Contract Completion: The date the City accepts the entire work as being in compliance with the Contract Documents, or formally waives nonconforming work to the extent of nonconformity, and issues the final payment in accordance with Section 9 of these General Conditions.

Contract Documents: The Contract Documents consist of the Notice to Bidders; General Conditions; Special Provisions; Technical Specifications; Proposal (as accepted); Contract; Contract Drawings; Addenda; Change Orders and any other documents specified and required to be part of the Contract.

Contractor: The person or persons, firm, partnership, corporation or combination thereof, private or municipal, who enters into the Contract with the City. Requirements set out in the Contract Documents for the Contractor shall apply to all of the Contractor's agents, subcontractors and suppliers as applicable.

Contract Drawings: The official plans, profiles, cross sections, elevations, details, and supplemental drawings furnished by the Engineer, which show the locations, character, dimensions and details of the work to be performed. Contract Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents regardless of the method of binding. Also referred to as "Contract Plans," "Plans," and "Drawings."

Council or City Council: The City Council of the City of Hollister.

County: The County of San Benito.

Days: Unless otherwise designated, "days" will be understood to mean calendar days.

Engineer: The City's Director of Public Works or City Engineer, unless otherwise defined in the Special Provisions. The term may also include representatives or agents of the City acting in contract administration capacities such as a Resident Engineer or Inspector when such inclusion is appropriate such as in the context of a Notice of Potential Claim and Safety Requirements.

Engineer's Estimate: The list of estimated quantities of work to be performed as may be contained in the Proposal Form.

Federal Agencies: Whenever, in the Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding, in accordance with law, to the powers, duties, jurisdiction and authority of the agency or officer mentioned.

Field Changes/Directives: A document that records minor variations or changes in the plans and/or specifications, which minor variations do not affect the basic design, schedule, compensation or other material terms of the contract.

Fixed Costs: Any necessary labor, material and equipment costs directly expended on the item or items under consideration, which remain constant regardless of the quantity of the work done.

General Notes: The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings, and so identified thereon, which pertain to the performance of the work.

Legal Holidays: Those days designated as State holidays by the Government Code or declared by F.3.a
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the City Council.

Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole, or any specified portion, of the work beyond the time allowed in the Contract Documents.

Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform its obligation under the Contract Documents.

Office of the City: Whenever reference is made to the Office of the City or the City's office, such reference shall be deemed made to the City's office at 375 Fifth Street, Hollister, California 95023.

Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. Such equal products shall not be purchased or installed by the Contractor without written acknowledgment of the Engineer.

Owner: The City.

Plans: Refer to Contract Drawings.

Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California.

Project: A term sometimes used to reference the work of improvement called for under the Contract.

Proposal: The offer of the bidder for the work, when made out and submitted on the prescribed proposal form, properly signed and guaranteed.

Proposal Form: The approved form upon which the City requires formal bids be prepared and submitted for the work.

Proposal Guaranty: The cashier's check, certified check or Bidder's Bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City for the performance of the work, if the Contract is awarded to him. Also referred to as "Bidder's Security."

Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place."

Responsive: A "responsive" Proposal is one, which complies with the requirements prescribed herein for Proposals.

Responsible: A "responsible" proposer is one who has the ability and will to satisfactorily perform the contract as evidenced by the proposer's experience and skills in the kind of work contemplated by the contract, access to resources, financial stability, dependability and integrity and who has demonstrated trustworthiness, as well as quality of fitness.

Special Provisions: The Special Provisions are specific clauses setting forth conditions or requirements of the work and supplementary to these General Conditions. Also referred to as F.3.a
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"Supplementary Conditions."

Specifications: The term "Specifications" refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship set forth in the latest edition of the City of Hollister Standard Specifications; the latest edition of the Greenbook; the latest edition of the California Manual on Uniformed Traffic Control Devices; and, the latest edition of the California Department of Transportation Standard Specifications, except Sections 1-9 are omitted in their entirety; as applied to the work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. If referenced specifications conflict with Specifications contained herein, the requirements contained herein shall prevail. Also referred to as "Technical Specifications."

State: The State of California.

Substantial Completion: There is substantial completion or substantial performance of the contract when all essentials necessary to the full accomplishment of the purpose for which the things contracted for are performed with such an approximation to complete performance that the City obtains substantially what is called for by the contract. The City shall determine substantial completion in its own judgment.

Work: The term "W ork" includes all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.

Work Site: The area or areas of actual construction and the areas immediately adjacent thereto.

Note: The use of any particular gender pronoun shall mean either or both genders without qualification or reservation. The use of a particular pronoun is for convenience of document construction only.

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G1.03 ABBREVIATIONS. As used herein, unless the context otherwise requires, the following abbreviations have the following meanings:

AAMA Architectural Aluminum Manufacturers' Association

AAN American Association of Nurserymen

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

AFBMA Anti-Friction Bearing Manufacturers' Association

AGA American Gas Association

AGMA American Gear Manufacturers' Association

AIA American Institute of Architects

AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANSI American National Standards Institute
APA American Plywood Association
APWA American Public Works Association

API American Petroleum Institute

AREA American Railway Engineering Association

ARI American Refrigeration Institute

ASA American Standards Association

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers

ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
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AWPA American Wood Preservers' Association

AWS American Welding Society

AWWA American Water Works Association

CRSI Concrete Reinforcing Steel Institute

CS Commercial Standards (US Department of Commerce)

CSI Construction Specifications Institute

DOT United States Department of Transportation

EIA Electronic Industries Association

EPA Environmental Protection Agency
FGMA Flat Glass Marketing Association
FHWA Federal Highway Administration
FM Factory Mutual
FS Federal Specification

IAMPO International Association of Mechanical and Plumbing Officials

ICBO International Conference of Building Officials

IEEE Institute of Electrical and Electronics Engineers

NAAMM National Association of Architectural Metal Manufacturers

NBFU National Bureau Fire Underwriters

NEC National Electrical Code

NEMA National Electrical Manufacturers' Association

NFC National Fire Code

NFPA National Fire Protection Association

OSHA Occupational Safety and Health Administration

PEI Porcelain Enamel Institute

PG&E Pacific Gas and Electric Company

PS Product Standard (US Department of Commerce)
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PacBell Pacific Bell

SAE Society of Automotive Engineers
SCFM Standard Cubic Feet per Minute
SCPO Structural Clay Products Institute
SDR Standard Dimension Ratio
SMACNA Sheet Metal and Air Conditioning Contractors' National Association

SSPC Steel Structures Painting Council

TCA Tile Council of America

TPI Truss Plate Institute

UBC Uniform Building Code

UL Underwriters' Laboratory

UMC Uniform Mechanical Code

UPC Uniform Plumbing Code

WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
WWPA Western Wood Products' Association
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SECTION 2

PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS

G2.01 OBTAINING PROPOSAL FORMS. Proposal forms and other bid documents shall be obtained electronically via the City of Hollister website at the following link:
http://www.hollister.ca.gov/services/open-bids-and-rfps/

G2.02 ENGINEER'S ESTIMATE. If an Engineer's Estimate of quantities is given in the Proposal, the quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.

G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of its obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. "Conditions relating to the execution of the work" include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of the work, including, but not limited to, applicable regulations concerning minimum wage rates, non-discrimination in the employment of labor, protection of public and employee health and safety, and environmental protection. The submission of a Proposal shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.

G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective bidders may inspect the records of such invest igations at the City office subject to and upon the conditions set forth in these Contract Documents.

Investigations of surface topography and/or subsurface conditions were made for the purpose of study and design only and neither the City nor the Engineer(s) which conducted such investigations assumes any responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. There is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.

Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the City's investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents. Such logs, reports and maps represent only the opinion of the consultant retained by the City as to the character of the materials encountered by him in its investigations and are available only for the convenience of the bidder or Contractor.

The availability or use of information described in this Section G2.04 is not intended to be and shall not be construed to be a waiver of the provisions of Section G2.03, and will not relieve the bidder or Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.

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G2.05 EXPLANATIONS. Any explanation of the Contract Documents desired by a prospective bidder shall be requested in writing from the Engineer, and delivered to City no less than fourteen (14) calendar days prior to the date for opening of proposals. Any explanation, instruction, or change to Contract Documents will be made by written addendum, which will be mailed or delivered to each firm receiving a set of the Contract Documents. Upon mailing or delivery, such addendum will become a part of Contract Documents and binding on all bidders. The receipt of the addendum by the bidder shall be acknowledged and so noted in the space provided on the Proposal Form. All addenda shall be attached to the Proposal. Only written explanations, instructions or changes so given by the City will be effective. Oral explanations or instructions will not be binding on the City.

G2.06 PREPARATION OF PROPOSALS. The form of Proposal in this book, when filled out and executed by the bidder, shall be submitted as its bid. Bids not presented on such forms will be disregarded.

All blank spaces in the Proposal form must be filled in, as required, preferably in black ink. All price information shall be shown, clearly legible, in both words and figures, where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in the case of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and extended totals, unit prices shall prevail.

The bidder shall sign its Proposal in the blank space provided therefor. If bidder is the sole owner, the Proposal shall be signed by the owner. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth above, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the bidder is a joint venture, the Proposal shall be signed by each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the bidder other than an officer of a corporation or a member of a partnership, a notarized power -of-attorney must be on file with the Owner prior to opening of Proposals or must be submitted with the Proposal. If requested by the City, the bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal.

G2.07 SUBMISSION OF PROPOSALS. All Proposals must be submitted not later than the time prescribed, at the place, and in the manner set forth in the Notice to Bidders. Proposals must be made on the Proposal forms provided herewith. Proposals and other required forms may be copied and submitted as a separate package or may be left attached to this book. Any Proposal received after the prescribed time shall be rejected, regardless of whether or not Proposals are opened exactly at the prescribed time.

Each Proposal must be submitted in a sealed envelope. The envelope must be clearly marked to show the bidder's name and the Contract name, without being opened, and be addressed in conformance with the instructions in the Notice to Bidders.

G2.08 LIST OF SUBCONTRACTORS. The bidder shall submit with its Proposal, on the List of Subcontractors provided, the names and business addresses of each subcontractor who will perform work under this Contract in excess of 1/2 of 1 percent of the amount of the total Proposal, and F.3.a
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shall list the portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself.

G2.08A SURETY COMPANY FURNISHING PERFORMANCE AND
PAYMENT BONDS. The surety(ies) shall be California admitted insurer(s) with a high bond rating.

G2.09 PROPOSAL GUARANTY. All Proposals shall be accompanied by a cashier's check or certified check, payable to the City Clerk of the City, or a Bid Bond so payable executed by a corporation authorized to transact business as a surety in the State of California in an amount not less than 10 percent of the total amount of the Proposal submitted.

This bid security shall be given as a guaranty that the bidder will not withdraw its Proposal for ninety (90) days after bid opening, and that if awarded the Contract, the successful bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond each in the full amount of the Contract price within the time specified.

If the bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith; additional forms may be obtained from the City. The Attorney-in-Fact who executes this bond on behalf of the surety must attach a notarized copy of its power-of-attorney as evidence of its authority to bind the surety on the date of execution of the bond. Any conditions or limitation placed upon said check o r any alteration of the form of said bond, or imperfection in the execution thereof, will render it informal and may, at the option of the City, result in the rejection of the Proposal.

If the Bidder elects to furnish a cashier's check, he shall also submit therewith the Bid Security Form included herewith.

G2.10 NON-COLLUSION DECLARATION. All Proposals shall be accompanied by an executed non-collusion declaration in the form required by Public Contract Code Section 7106.

G2.11 WITHDRAWAL OF PROPOSALS. A bidder may withdraw its Proposal at any time prior to the time fixed in the Notice to Bidders for the opening of bids only by filing a written notice with the City. The notice shall be executed by the bidder in conformance with Section G2.06. A telegraphic or telefax notice of withdrawal is not effective. Withdrawal of a Proposal does not prejudice the right of a bidder to submit a new Proposal. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless and until the time specified in Section G3.02, Time of Award, has elapsed.

G2.12 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read aloud publicly at the date, time and place designated in the Notice to Bidders. The City official opening the bids will determine the official time and such determination will be final.

G2.13 REJECTION OF PROPOSALS. Proposals may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the Proposals incomplete, indefinite or ambiguous; obviously unbalanced F.3.a
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prices; no acceptable Bid Security; or if the Proposal is not properly executed.

G2.14 DISQUALIFICATION OF BIDDERS. More than one Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated may cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all Proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid direc tly for the materials or work. A Proposal may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.

G2.15 LICENSING OF BIDDERS. Bidders and their proposed subcontractors shall hold such licenses as may be specified in the Notice to Bidders and as may be required by Division 3, Chapter 9 of the California Business and Professions Code concerning the licensing of contractors.

As a matter of bidder responsibility, each bidder shall be properly licensed in accordance with the laws of the State of California at the time of bid opening. Failure to be so licensed may be reason to reject a bid totally in the sole discretion of the City. If the bid is submitted by a joint venture, then each member of the joint venture must be licensed at the time of bid opening, but a joint venture license is not required until contract award.

G2.16 RESPONSIBILITY OF BIDDERS. Bidders shall, if requested by the City, submit a statement of qualifications which shall include experience in the type of work to be performed, financial condition, available construction equipment, and listing of all agencies for which work has been performed during the past two years. The City may reject the Proposal of any bidder on the basis of insufficient work experience and/or skills in the kind of work contemplated in the contract, insufficient financial capability, inadequate equipment, poor performance on work previously completed for the City or other agencies, or previous violation of safety or other legal requirements resulting in disqualification or otherwise being prevented from bidding on federal, state or local agency projects.

To be responsible a bidder must have clearly demonstrated trustworthiness as well as quality of fitness, capacity and experience to satisfactorily perform the contract.

G2.16A INELIGIBILITY OF CONTRACTORS. Pursuant to Public Contract Code Section 6109, by submitting its bid, a bidder certifies that it has not been deemed ineligible to bid, work on or be awarded a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7 and that it will not use any subcontractors to perform work on the public works project that have been deemed ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 and 1777.7. Any contract on a public works project between a contractor and a debarred subcontractor is void as a matter of law. Any public money paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contrac tor shall be responsible for the payment of wages to any workers of the debarred subcontractor who worked on the project.

G2.17 RELIEF OF BIDDERS. Pursuant to California Public Contract Code Section 5103, unless the City in its sole discretion elects otherwise, a bidder shall not be relieved of its bid nor shall any change be made in its bid because of mistake, but he may bring an action against the City in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. In the event the bidder who brings an action against the F.3.a
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City fails to recover a judgment, the bidder shall pay all costs incurred by the City in the suit, including reasonable attorneys' fees to be fixed by the court.

If the bidder brings such action it shall be its responsibility to establish that:

a. A mistake was made;

b. He gave the City written notice within five (5) days after the opening of the Proposals of the mistake, specifying in the notice in detail how the mistake occurred;

c. The mistake made the Proposal materially different than he intended it to be; and

d. The mistake was made in filling out the Proposal and was not due to error in judgment nor to carelessness in inspecting the site of the work, nor in reading the Contract Documents.

G2.18 BID PROTEST PROCEDURE. The City maintains written protest procedures that must be followed for all bid protests. All protests must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure which are apparent or reasonably should have been discovered prior to the bid opening shall be filed in writing with the City Clerk, at least five (5) calendar days prior to bid opening. Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to bid opening shall be submitted in writing to the City clerk, within forty-eight (48) hours from receipt of notice from the City advising of the recommendation for award of contract.

Copies of the complete bid protest procedures are available at office of the City Engineer. (Administrative Standard Procedures Number 1-15)

Failure to comply with any of the requirements set forth in the City's written bid protest procedures may result in rejection of the protest.

G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of bid.

For federally funded projects, the contractor and subcontractors must be registered at the time of contract award. (See Labor Code section 1771.1(a).)

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post Site notices, as prescribed by regulation. (8 CCR 16451(d).)

G2.20 IRAN CONTRACTING ACT. By submission of the a bid, the undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).

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SECTION 3

AWARD AND EXECUTION OF CONTRACT

G3.01 AWARD OF CONTRACT. The City reserves, in its sole discretion, the right to reject any and all Proposals and to waive any informalities and irregularities in Proposals received, other provisions in the Contract Documents notwithstanding.

The Proposals will be compared on the basis of the Total Bid Price, which is the sum of the lump sum bid items and, for unit price items, the sum of the products of the Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid price. In the event of a discrepancy between the unit bid price and the extension price, the unit price shall govern. Any mathematical errors that appear on the face of the bid shall be corrected by the City and the City will use the mathematically correct total bid price in determining the lowest monetary bidder.

The award of the Contract, if it be awarded, will be made to the lowest responsible, responsive bidder.

In addition, the City reserves, in its sole discretion, the right to award the Contract for all or some of the bid items included in the Bid Schedule. The City may eliminate some of the bid items prior to or after award of the Contract due to budgetary constraints.

G3.02 TIME OF AWARD. Within sixty (60) days after the opening of Proposals, the City will either reject all Proposals or award the Contract to the lowest responsible, responsive bidder. If the lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the second lowest responsible, responsive bidder. Such award, if made, will be made within seventy-five (75) days after the opening of Proposals. If the second lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the third lowest responsible, responsive bidder. Such award, if made, will be made within ninety (90) days after the opening of Proposals. The periods of time specified above within which an award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing by the City and the bidder or bidders concerned.

G3.03 EXECUTION OF CONTRACT. The successful bidder shall, within fifteen (15) days after having received notice that the Contract has been awarded, sign and deliver to the Owner a Contract in the form hereto attached together with the Contract Bonds and insurance certificates executed as required in the Contract Documents. Within ten (10) days (not including Saturdays, Sundays and legal holidays) after receiving the signed Contract with acceptable bonds and insurance certificates from the successful bidder, the City will sign th e Contract. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is an individual, the contract shall be executed personally by the Contractor. If the Contractor is a co-partnership, it is desirable that the contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the joint venture. If the Contractor is an F.3.a
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LLC, the contract must be executed by an officer or member who has full and proper authorization to bind the LLC.

G3.04 CONTRACT BONDS. The bidder to whom the Contract is awarded shall furnish the following bonds ("Contract Bonds"):

a. Performance Bond, in an amount not less than 100 percent of the Contract price, to secure faithful performance of the and in the amount of not less than 10 percent (10%) of the Contract price to guarantee the correction of work during the warranty period of one year from the date final acceptance of the work by the City.

b. Payment Bond, in an amount not less than 100 percent of the Contract price, to secure payment of all persons supplying labor or materials for the construction of the work.

Contract bonds shall be on the forms bound herewith and shall be executed by an admitted surety insurer authorized to transact business in the State of California, with a financial condition and record of service satisfactory to City.

All alterations, extensions of time, extra and additional work and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties on the Contract Bonds.

G3.05 FAILURE TO EXECUTE CONTRACT. Failure of a bidder to whom the Contract is awarded to promptly and properly execute the Contract or furnish acceptable Contract bonds, or certificates of insurance, shall be just cause for the annulment of the award and the forfeiture of such bidder's Proposal Guaranty. The Proposal Guaranty shall be retained by the City as liquidated damages and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the successful bidder fails to enter into a Contract.

G3.06 RETURN OF PROPOSAL GUARANTY. Within fifteen (15) days after the award of the Contract, the City will return the Bidder's Bond or the certified or cashier's check to all the Bidders except for the three lowest Bidders. When the Contract is executed, the bonds of the two remaining unsuccessful Bidders will be returned. Retained Proposal guaranties will be held until seventy-five (75) days after opening of Proposals or until a Contract has been finally executed, whichever occurs first, after which all Proposal guaranties, other than Bidder's Bonds and any guaranties that have been forfeited, will be returned.

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SECTION 4

SCOPE OF WORK

G4.01 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. When the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether s uch reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect on the first published date of the Notice to Bidders, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or any of City's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.

The Contract Documents are divided into parts, divisions and sections for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.

The City makes no warranty whatsoever, express or implied, with respect to the Contract Documents other than that the Contract Plans and Specifications were prepared by a professional engineer and/or professional architect registered to practice in the State of California and so endorsed.

G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the work, the general and local conditions, and all other matters, which can in any way affect the work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract. No oral agreement or conversation with any officer, agent or employee of the Owner, or with the Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents.

G4.03 DIFFERING SITE CONDITIONS. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:
(1) material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II F.3.a
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or class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

The Engineer shall promptly investigate the conditions. If the Engineer finds that such conditions do materially differ or do involve hazardous waste and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, then an equitable adjustment shall be made and the Contract modified in accordance with the change order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth below, but shall retain such rights it may have as provided in these Contract Documents.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section, except that the City may extend the prescribed time. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.

G4.04 CHANGES; CONTRACT CHANGE ORDER(S). The City may, without notice to the sureties, and without invalidating the Contract, at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as deter - mined by the City to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered.

Any such changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order shall not become effective until it has been signed by the Engineer or the City Manager; when signed by the Engineer or the City Manager it is an "approved Contract Change Order."

No changes or deviations from the Contract Documents shall be made without the authority of an approved Contract Change Order, except that in cases of emergency the Engineer may direct a change in writing. Upon receipt of such written directive, the Contractor shall proceed with the ordered work and the Engineer will prepare a written Contract Change Order for approval and issuance to the Contractor as soon thereafter as practicable.

Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order.

When ordered by the Engineer, the Contractor shall halt work in the area affected by a proposed change. Whenever it appears to the Contractor that a change is necessary, t he Contractor shall immediately, but no later than five (5) days after becoming aware of the need for a change, notify the Engineer of the change he believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Engineer.

G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK. City may request Contractor to provide quotations for performing proposed changes to the work. Such requests for F.3.a
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quotations shall not be considered authorization to proceed with the change prior to issuance of an approved Contract Change Order, nor shall such request justify any delay in executing existing work.

Contractor shall, upon such a request, provide quotations for increases or decreases in the Contract Price and the Contract time associated with performing the proposed change within the timeframe specified by the Engineer. Quotations shall be in the form specified by the Engineer and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs, including labor, materials, rentals, services, overhead and profit. The cost of preparing such quotations is included in the Contract price and Contractor shall not be entitled to any additional compensation for preparing them. Failure of the Contractor to submit a quotation in the timeframe or form specified by the Engineer shall limit the effect of any protest to an Approved Change Order as set forth in Section G4.09.

G4.06 PROPOSED CONTRACT CHANGE ORDER. A Contract Change Order may be presented to the Contractor for its consideration prior to its having been approved. If the Contractor accepts the terms and conditions of such proposed Contract Change Order, and if the Contract Change Order is then approved and issued to the Contractor, the Contract Change Order shall be considered to be an executed Contract Change Order for all purposes to the same extent as if the Contract Change Order had been initially issued to the Contractor as an approved Contract Change Order. The City need not present a proposed Contract Change Order to the Contractor for its review prior to issuing it as an approved Contract Change Order.

G4.07 EXECUTED CONTRACT CHANGE ORDER. An approved Contract Change Order which has been signed by the Contractor is an "executed Contract Change Order." Compensation paid pursuant to Contract Change Orders shall comprise the total compensation for the work described in the Contract Change Order. By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the work or change, including but not limited to payment for interruption of schedules, extended overhead, home office overhead, delay or any other "impact" claim or "ripple effect" claim. By signing the Contract Change Order, the Contractor also specifically waives any reservation or claim for additional compensation or Contract time in respect to the Contract Change Order.

G4.08 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract price, the increased payment to Contractor, or the deduction to the credit of the City, shall be determined by one of the following methods, or a combination of these methods, as determined by the City and at its sole option:

A. Unit Prices. The unit prices set forth in the Proposal may be used where they are applicable. If the Contract Change Order increases or decreases the quantity of an item of work by more than twenty-five percent (25%), such that the application of unit prices in the Proposal will cause substantial inequity to the City or Contractor, unit prices will be adjusted by mutual agreement or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09.

Payment for any contract item of work which has a final total value of less than five percent of the total contract bid price will be made at the contract unit price regardless of increased or decreased quantities, if such unit price is to be used.

B. Lump Sum. A total lump sum addition or deduction from the Contract Price.

Lump sum quotations for changes to the work shall include substantiating documentation with an F.3.a
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itemized breakdown of Contractor and Subcontractor costs, including labor, materials, equipment rental, approved services, overhead and profit, all as negotiated. The costs of a negotiated change order for work performed by Contractor's own forces shall be limited to a maximum markup of fifte en percent (15%) to include up to ten percent (10%) for overhead and up to five percent (5%) for profit.

These percentages shall apply to subcontractor work also. Markups for items such as fringe benefits, liability insurance, social security and unemployment insurance, where proper and appropriate, shall be determined on the basis of actual costs as documented and supported by the contractor and subject to the approval of the Engineer. Where the whole or a part of the work under a negotiated change order is performed by a first tier subcontractor, the City shall limit the Contractor's markup on the direct costs of the subcontractor to a total of not more than eight percent (8%) to include up to five percent (5%) for overhead and three percent (3%) for profit. No markup will be considered or allowed for costs of a negotiated change order involving subcontractors below the first tier. The overhead markup percentages referenced above shall cover all overhead costs of the Contractor, including administrative, field office, home office, extended overhead and similar costs and expenses.

C. Force Account Payment. Payment for the work may be made on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment and other items of cost as required to do the work.

If compensation for work done under a Contract Change Order is to be made on a force account basis, the compensation will be calculated as set forth in Section G9.03, "Force Account Payment." Contractor agrees that the markups provided in Section G9.03 are adequate.

In any case in which the method of payment cannot be agreed upon prior to the beginning of the work, the City may direct that the work be done on a unit price, lump sum or force account basis depending on the nature of the work and at the sole discretion of the City.

G4.09 PROTEST PROCEDURE. If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved Contract Change Order. The protest shall state the points of disagreement, Contract Document references, quantities and costs involved, contract time impacts and shall propose a modification of the items with which he does not agree. Such protest shall not be considered complete or acceptable unless and until the quotation requested pursuant to Section G4.05 has been received by the Engineer in satisfactory form. If a written protest is not submitted within this 15-day period, payment will be made as set forth in the approved Contract Change Order without right of further protest. Approved Contract Change Orders which are not protested within 15 days or protests not supported by the requested quotation in satisfactory form within fifteen (15) days of request will be considered as executed Contract Change Orders and such payment will constitute full compensation for all work included therein or required thereby and so will any changes in contract time or completion date.

When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of such work and shall permit the City and the Engineer to have access to all records relating to the protested Contract Change Order to determine the compensation payable. The Contractor shall cooperate with the Engineer to reach agreement at the earliest practical date on the terms of compensation for the Contract Change Order. Whe n agreement has been reached, a revised Contract Change Order may be approved by the City and issued to the Contractor for signature. Unless and until the City and Contractor agree upon other terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.

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for the completion of the work, the time will be determined in accordance with the provisions of Section G8.11.

G4.10 CONTINUANCE OF CONSTRUCTION. Disagreement by the Contractor with the City's determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved Contract Change Order (or disagreement by the Contractor with the City's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently perform the work, including the change, as described in the approved Contract Change Order.

G4.11 FIELD CHANGES. Conditions may arise during the prosecution of the work on construction necessitating minor variations in the contract plans and/or specification. In order to address these conditions, the City may without notice to the sureties and without invalidating the contract, make minor alterations, deviations or changes to the Contract, including the plans or specifications, without affecting any of the material or basic terms of the contract, including the contract price, schedule for performance, the basic design, or other terms. Such minor alterations, deviations or changes shall be documented in a Field Change on a form provided by the City and executed by the Engineer and the Contractor. By execution of the Field Change, Contractor agrees to make the specified change at no additional cost and without an alteration in the schedule of performance or other terms and conditions of the Contract.

G4.12 DETOURS. When required by the Special Provisions, Technical Specifications, or shown on the Contract Plans, or required by responsible public agencies, the Contractor shall construct, maintain and remove detours for the use of public pedestrian and vehicular traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions or Technical Specifications.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public pedestrian and vehicular traffic.

G4.13 ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. Contractor shall acquire no interest in any such discoveries unless granted by the City in its sole discretion.

G4.14 PRESERVATION AND CLEANING. The Contractor shall clean up the work at frequent intervals and at other times when directed by the Engineer to maintain the job site in a clean and sanitary condition. While finish work is being accomplished, floors shall be kept clean, free of dust, construction debris and trash.

Before final inspection of the work, the Contractor shall clean the project site, material sites, surrounding roadways and all ground occupied by him in connection with the work, of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Final cleaning shall include washing, dusting and sweeping, as applicable, of exposed architectural finish surfaces. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and the Contractor will not receive a separate payment for final cleaning.

G4.15 GUARANTY OF WORK. Notwithstanding inspections and acceptance by the City of F.3.a
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work furnished under this Contract, the Contractor warrants to the City that all materials and equipment furnished under the Contract, including that provided pursuant to Change Orders, will be of good quality and new, that the work will be free from defects in material or workmanship, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD. If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents, specifically including Section G4.15 ("Guaranty of Work"), the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in an emergency when delay could cause risk of damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and its surety. If the amount of the performance bond is insufficient to cover the cost of such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Non- conforming work, which is remedied under this Section, shall be subject to an extended warranty obligation, identical in terms to that provided by Section G4.15 and this Section for a period of two years after the non-conforming work has been remedied.

The City's records setting forth the fair and reasonable cost of repairing, replacing or restoring the damage or defects when performed by any party other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.

Nothing contained in this Section G4.16 shall be construed to establish a period of limitation with respect to other obligations which the Contractor may have under the Contract Documents.

Establishment of the period of two years as described in this Section relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within wh ich the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the work.

G4.17 VALUE ENGINEERING. The Contractor may submit to the Engineer, in writing, value engineering proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The value engineering proposal shall not impair, in any manner, the essential functions or characteristics of the project, including, but not limited to service life, economy of operation, ease of maintenance, desired appearance, or desig n and safety standards.

Value engineering proposals shall contain the following information:

(1) Description of the existing contract requirements, which are involved in the value engineering proposal.

(2) Description and justification of the proposal.

(3) An itemization of the contract requirements that must be changed if the F.3.a
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proposal is adopted.

(4) A detailed estimate of the cost of performing the work under the existing contract and under the proposed change.

(5) A detailed estimate of additional costs to the Project attributable to the proposal on the construction, operation, and maintenance of the project.

(6) A statement of the time within which the Engineer must make a decision thereon.

(7) The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this Section shall not be construed to require the Engineer to consider any value engineering proposal which may be submitted.

The City will not be liable to the Contractor for failure to accept or act upon any value engineering proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. If a value engineering proposal is similar to a change in the plans or specifications, under consideration by the City for the Project, at the time said proposal is submitted or if such proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the Contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this Section. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until an executed change order, incorporating the value engineering proposal has been issued. If any executed change order has not been issued by the date upon which the Contractor's value engineering proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such value engineering proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a value engineering proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.

The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a value engineering proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed the Contractor shall indicate its acceptance in writing, and such acceptance shall constitute full authority for the City to deduct amount payable to the City from any monies due or that may become due to the Contractor under the Contract.

If the Contractor's value engineering proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this Section.

Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering proposal or such parts of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the value engineering proposal effectuated by the change order and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost F.3.a
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of preparing the value engineering proposal and the City's costs of investigating a value engineering proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The cost to the City for any required redesign associated with a value engineering proposal will be taken into account and added in determining the value of such proposal.

Acceptance of the value engineering proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the proposal.

The amount specified to be paid to the Contractor in the change order, which effectuates a value engineering proposal shall constitute full compensation to the Contractor for the proposal and the performance of the work thereof pursuant to the said change order.

The City expressly reserves the right to adopt a value engineering proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted value engineering proposal is adopted for general use, only the contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to him prior to submission of the accepted value engineering proposal and as to which such value engineering proposal is also submitted and accepted. Value engineering proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section if the identical or similar previously submitted proposals were adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted value engineering proposal without obligation or compensation of any kind to the Contractor.

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SECTION 5

CONTROL OF WORK

G5.01 AUTHORITY OF ENGINEER. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation and contract time. The Engineer will have authority to reject work which does not conform to the Contract Documents. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

G5.02 CONTRACT DRAWINGS. The Contract Drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.

Upon written request, the City will furnish to the Contractor for its use, at no expense to the Contractor, five (5) copies of all Contract Documents, including the Contract Drawings unless otherwise specified in the Special Provisions. Additional copies may be obtained at cost.

G5.03 SHOP DRAWINGS. The Contract Drawings shall be supplemented by shop drawings furnished by the Contractor. Shop drawings shall have been approved by the Engineer before any work involving such drawings is performed. No change shall be made by the Contractor in any shop drawing after it has been approved by the Engineer.

Shop drawing submittals shall contain adequate information to permit the Engineer to evaluate each submission for conformance with the Contract Documents. Each submittal shall be complete; partial submittals will not be reviewed. All drawings shall include a graphical scale and indicate the amount of reduction used, if any. The quality of lettering and draftsmanship shall be such as to insure easily read reproductions by microfilming process.

Each shop drawing submitted by the Contractor (including any provided by suppliers and/or subcontractors) shall bear the approval stamp of the Contractor, and shall be clearly and conspicuously marked to indicate any deviation in the shop drawing from the requirements of the Contract Documents. By approving and submitting shop drawings, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing with the requirements of the work and the Contract Documents. Where applicable, shop drawings will be certified for construction by the manufacturer. City review of any shop drawing shall not constitute a change to the Contract. Contract changes can be effected through Change Orders only.

Each submittal shall be accompanied by a transmittal letter in the form specified by the Engineer from the Contractor stating the name of the material or equipment items as shown on the Contract Documents, a specification reference consisting of a section number, and any proposed deviations from the Contract Documents requested or shown on the submittal.

Review of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Review and approval of the Contractor's shop drawings shall not relieve Contractor of any of its responsibility for the F.3.a
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successful completion of the work in conformity with the requirements of the Contract Documents.

The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions which shall be conformed and correlated at the job site, fabrication processes and techniques of construction, coordination of work with that of all others, and satisfactory performance of all work. Approval of shop drawings shall not waive any requirement of the Contract Documents and defective work may be rejected notwithstanding such approval.

It is the Contractor's responsibility to submit shop drawings and other submittals so as to allow sufficient time for review, for securing necessary approvals, and for possible revisions and resubmittal. Minimum review time by the Engineer shall be thirty (30) calendar days; complex submittals may require up to forty-five (45) days. Review time periods shall not begin until a complete submittal with Contractor's approval stamp is received with properly completed transmittal documentation. Incomplete, unstamped or otherwise improper submittals may be rejected wi thout further comment for correction and proper submittal. The Contractor shall schedule its shop drawing submittals so that this anticipated shop drawing review time does not delay its work.

City will make its best efforts to review submittals within the time period scheduled by the Contractor, provided it is consistent with the minimum time period specified in the preceding paragraph, but the City's inability to do so shall not automatically entitle the Contractor to additional time to complete the Contract. If the Engineer fails to complete its review of shop drawing submittals within a reasonable time (not to be less than the time period specified in this section), and if the Contractor's controlling operation is delayed by reason of the delay in review, an extension of time commensurate with the delay in completion of the work thus caused will be granted pursuant to Section G8.11, but no additional compensation will be allowed for such delay.

Shop drawings reviewed by the Engineer will be returned to t he Contractor. The Engineer's action on each submittal will consist of one of the following: "No Exceptions Taken," "Exceptions Taken as Noted," "Revise and Resubmit" or "Rejected" unless otherwise specified in the Special Provisions are/or transmittal forms to be used. When shop drawings are required to be resubmitted, the revisions are to be clearly defined on the revised drawings. Resubmittals will be reviewed in accordance with the provisions applicable to initial submittals and the time period for the Engineer's review shall be equal to that for initial submittals.

Submittal and processing of shop drawings shall conform to the requirements of the Special Provisions and Technical Specifications.

Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor.

When the shop drawings have been completed to the satisfaction of the Engineer, the Contract or shall carry out the construction in strict accordance therewith. Any further changes will require a resubmittal of the drawings.

G5.04 CONFORMITY WITH CONTRACT DOCUMENTS. Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Contract Drawings or indicated in the Specifications. Although measurement, sampling and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Drawings and Specifications, and its decision as to any allowable deviations therefrom shall be final.

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G5.05 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS.

The General Conditions, Special Provisions, Technical Specifications, Contract Drawings, Contract Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary, and to describe and provide for a complete work .

In the event of inconsistencies between requirements contained in different components of the Contract Documents, and unless otherwise specified in the Special Provisions, the order of precedence to govern interpretation is as follows: (1) Change Orders, (2) Addenda, (3) Contract, (4) Special Provisions, (5) General Conditions, (6) the Greenbook, (7) Technical Specifications, (8) Contract Drawings, (9) Notice Inviting Sealed Bids, and (10) Bid Forms (all documents submitted by the bidder). In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over conflicting notations on drawings. In the event of any discrepancy between any drawing and the figures written thereon, the figures, unless otherwise directed, will govern over scaled dimensions.

Should it appear that the work to be done or any of the related matters is not sufficiently detailed or explained in the Contract Documents, the Contractor shall promptly apply to the Engineer for such further written explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, clarification in writing shall be promptly sought by Contractor from the Engineer, whose decision thereon shall be final.

G5.06 ORDER OF WORK. When required by the Special Provisions or Contract Drawings, the Contractor shall follow the sequence of operations as set forth. Full compensation for conforming with such requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation to Contractor will be allowed.

G5.07 SUPERINTENDENCE. The Contractor, at all times, shall supervise and direct the Work using its best skill and attention. The Contractor shall keep at the project site competent supervisory personnel at all times while W ork is in progress. The Contractor shall designate, in writing, before starting work, a project superintendent who shall be an employee of Contractor and shall have complete authority to represent and act for the Contractor. The Contractor shall promptly notify the Engineer in writing prior to any change in superintendent assignment.

The Contractor shall be solely responsible for and have control over construction means, methods, techniques and procedures for providing adequate safety precautions and coordinating all portions of the work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

G5.08 LINES AND GRADES. Only such primary control lines, monuments and bench marks will be set by the Engineer as he determines to be necessary to control establishment of the lines and grades required for the completion of the work. In general, these will consist of the primary horizontal and vertical control points shown on the Contract Drawings. The Contractor shall notify Engineer a minimum of five (5) working days before such stakes or marks are needed.

Monuments, stakes and marks set by the Engineer shall be carefully preserved by the Contractor. If such monuments, stakes or marks are destroyed or damaged, they will be replaced by the Engineer at his/her earliest convenience. The Contractor shall be charged for the cost of replacing or restoring monuments, stakes and marks destroyed or damaged by reason of its operations including failure to protect such points from other normal activity in the project area that can be reasonably anticipated.

This charge will be deducted from any monies due or to become due the Contractor unless the Contractor has agreed in writing, with the approval of the Engineer, to otherwi se directly pay the party doing the work and has provided satisfactory evidence that such payment has been properly made.

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The Contractor shall temporarily suspend work at such points and for such reasonable times as the Engineer may require for transferring or setting monuments, stakes or marks, and the Contractor shall not be entitled to any additional compensation or extension of time therefor.

All other stakes or marks required to establish the lines and grades required for the completio n of the work shall be the responsibility of the Contractor. Payment for such work shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

Contractor shall take field measurements and verify field conditions consistent with prudent construction industry standards and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing construction activities on the work site. Errors, inconsistencies or omissions in the Contract Documents discovered by Contractor shall be reported to the Engineer at once.

G5.09 INSPECTION. The Engineer, and all authorized representatives of the City, shall at all times have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished by Contractor shall be subject to the Engineer's on-site and off-site inspection.

The inspection and observation of the work or materials by the Engineer shall not relieve the Contractor of any obligations to fulfill its Contract as prescribed. Work and materials not meeting such requirements shall be corrected, and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer, or that payment therefor has been included in a progress estimate.

Re-examination of questioned work may be ordered by the Engineer at any time before final acceptance. If so ordered, the work shall be uncovered by the Contractor. If such work is fo und to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removal, recovering and replacing of the parts removed; but if such work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work which has been covered prior to observation by the Engineer does not qualify as re-examined work; the City may order it uncovered for observation without payment of costs.

The Contractor shall give due notice to the Engineer before backfilling so that the Engineer may observe the materials and installation.

The Contractor shall notify the Engineer in advance as to those times when no construction activities will take place. Absent such notification, all costs incurred by the City as a result of attending to the project site at times when no construction is taking place will be charged to the Contractor.

Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the Engineer of such intention 24 hours prior to performing such work, or such longer period as may be specified, so that the Engineer may make necessary arrangements.

The observations and inspections performed by the Engineer shall not relieve the Contractor of its responsibility to conduct comprehensive inspections of the work and to furnish materials and perform work in conformance with the Contract Documents.

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G5.10 DOCUMENTS ON JOB SITE. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, material test results and approved progress payments on the job site, in good order, available to the Engineer and all authorized representatives of the City. Other requirements may be specified in the Special Provisions.

G5.11 CORRECTION, REMOVAL OF REJECTED WORK. The Contractor shall promptly correct work rejected by the Engineer as failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed or completed, so that it does comply with the Contract Documents. The Contractor shall bear the costs of correcting such rejected work, including additional testing, inspections and compensation for the Engineer's services and expenses made necessary thereby.

The Contractor shall remove, at its cost, from the site portions of the work which are not in accordance with the Contract Documents or which are not corrected by the Contractor.

The Contractor shall correct, at its cost, damaged or destroyed construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of work which is not in accordance with the requirements of the Contract Documents.

Any work done beyond the lines shown on the Contract Drawings or established by the Engineer, and all extra work done without written authority, will be considered as volunteer or unauthorized work.

Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the Contractor's cost.

If the Contractor fails to promptly correct non-conforming or rejected work, or to comply promptly with any order of the Engineer under this Section, the City may cause such work to be remedied, removed or replaced and the costs thereof will be deducted from any monies due or to become due the Contractor.

Failure on the part of the Engineer to reject non-conforming work shall not be construed to imply acceptance of such work.

G5.12 EQUIPMENT AND PLANTS. The Contractor shall use or permit only equipment and plants suitable to produce the quantity and quality of work and materials required, and meeting all State and federal safety requirements.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of materials needed to complete the work in accordance with the Contractor's schedule and the Contract time.

When ordered by the Engineer, the Contractor shall remove unsuitable equipment from the work and discontinue the operations of unsafe or unsatisfactory plants.

All vehicles used on existing structures, highways and streets shall be equipped with pneumatic tires unless otherwise permitted in writing by the Engineer.

G5.13 CHARACTER OF WORKERS. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons nor persons not properly skilled or unskilled in tasks assigned to them.

G5.14 FINAL INSPECTION. When the work has been completed, the Engineer will make F.3.a
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the final inspection. The Contractor shall notify the Engineer in writing when it considers the work complete and shall request a final inspection.

G5.15 SUBMITTAL OF AS-BUILT DATA. The Contractor shall maintain up-to-date a separate, neat and legible set of construction drawings showing as-built conditions. The intention is that a separate full-size set of the construction drawings will be neatly and accurately marked in red pencil to show any condition, dimension, installation or location that is different from that originally shown. Change Orders; deviations from the contract documents including drawings; the locations of installations of utilities and services, mechanical and electrical lines; details; and other work shall be incorporated and accurately shown on this set. The locations of installed underground and hidden utilities will be shown and dimensioned to appropriate reference points. No work shall be permanently concealed until the required information has been recorded. The requirement is that these as-built construction drawings and the "as-built" material and equipment drawing submittals provided will reflect the complete as-built condition of the project.

Where the contract drawings are not of sufficient size, scale, or detail, the Contractor shall furnish its own drawings for incorporation of details and dimensions. In such cases, the Contractor shall provide a reproducible set of its drawings, suitably cross-referenced to the contract drawings.

The as-built drawings will be maintained up to date on a "day by day" basis. That is, information will be recorded as it is known. Prior to any progress payments, the Engineer will review the status of the as-built construction drawings. The Engineer may withhold approval of progress payments until such time as the as-built drawings are brought up to date.

Prior to the completion of the contract, the Contractor shall furnish a satisfactory as-built construction drawing record and certify on each drawing that conditions shown are as-built. Submittal of the as- built record is made a condition for acceptance of the project and final payment under the contract.

G5.16 EMERGENCIES. In an emergency affecting the safety of life, the work, or adjoining property, the Contractor, without special instructions or authorization from the Engineer, shall act at his/her discretion to prevent such threatened loss or injury. In such an emergency, the Contractor shall perform such additional work as is required. Any compensation claimed by the Contractor on account of emergency work and determined by the Engineer to be warranted shall be determined in accordance with the provisions of Section 9 unless a more appropriate method is determined by the Engineer in his/her sole discretion.

G5.17 RIGHTS-OF-WAY. The City will provide the rights-of-way over private lands or the site for permanent works or installations, and right-of-way for access thereto, unless otherwise indicated. The Contractor will be permitted to use such land for construction purposes, but any additional right-of-way or land desired by the Contractor for construction purposes shall be provided by the Contractor without expense to the City.

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SECTION 6

CONTROL OF MATERIALS

G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS. The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City and materials furnished by the City in accordance with force account work as described in Section G9.03. As used in this Section, the term "materia ls" shall mean materials and equipment furnished for incorporation in the work.

Notwithstanding any prior inspection, only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.

The materials furnished and used shall be new, except as may specifically be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the Contract Documents.

The Contractor shall submit to the Engineer a list of its sources of materials and the locations at which such materials will be available for inspection. The list shall be submitted in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall assure that the Engineer or his/her authorized representative has free access at all times to the material to be inspected, sampled or tested. The Engineer may inspect, sample or test materials at the source of supply or other locations. It is understood that such inspections and tests in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or its suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the work, shall be delivered to the Engineer in organized, indexed, neat and adequately bound volumes that are marked as to content before acceptance of the Contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor and the Engineer.

G6.02 CITY-FURNISHED MATERIALS. Materials furnished by the City will be available at locations designated in the Specifications, or if not designated in the Specifications, they will be available at the City Office. They shall be hauled to the site of the work by the Contractor, at its own expense, including any necessary loading and unloading that may be involved. The cost of handling and placing City-furnished material shall be considered as included in the price paid for the Contract item involving such City-furnished material.

The Contractor shall be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor, at its expense. The Contractor will be liable to the City for the cost of replacing City-furnished material, and such costs may be deducted from any monies due or to become due the Contractor. All City-furnished materials that are not used on the work shall remain the property of the City and will be delivered to the City corporation yard.

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G6.03 STORAGE OF MATERIALS. Materials shall be stored by the Contractor in such a manner as to ensure their security and the preservation of their quality and fitness for the work and to facilitate inspection.

G6.04 DEFECTIVE MATERIALS. All Contractor-furnished materials not conforming to the requirements of the Contract Documents may be rejected, whether in place or not. They shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section, the Eng ineer may cause the removal, disposal and replacement of rejected material and deduct the cost thereof from any monies due or to become due the Contractor.

G6.05 TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:

1. The Contractor shall submit its Proposal for an alternative in writing.

Such request shall be made in ample time to permit review and approval without delaying the work.

2. No such Proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the Engineer. The Contractor shall satisfy the Engineer as to the comparative quality, suitability or perform ance of the offered materials, articles or equipment. In the event that the Engineer rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.

3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer.

The Engineer shall be the sole judge as to the quality and suitability of alternative a rticles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material, article or equipment. Cost of redesign by the Engineer will be borne by the Contractor.

4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any Contract requirement.

G6.06 PLANT INSPECTION. The Engineer may inspect the production of material, or the manufacture of products, at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or his/her authorized representative shall have free entry at all times F.3.a
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to such parts of the plant as concern the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The Engineer assumes no obligation to inspect materials at the source of supply. The responsibility of incorporating satisfactory materials in the work rests entirely with the Contractor, notwithstanding any prior inspections or tests.

G6.07 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Bidders for the work is dated.

G6.08 SAMPLES. After the award of the Contract, the Contractor shall furnish to the Engineer samples indicated in the Specifications or requested by the Engineer. Samples shall be submitted without charge, with shipping charges prepaid. Materials for which samples are required shall not be used in the work until approved in writing by the Engineer.

Each sample shall be submitted in duplicate unless otherwise directed, and shall be labeled with the following data: name of project; name of Contractor; material represented and location in the project including specification reference; and producer information including brand, model, place of origin, and other pertinent information.

The Contractor shall forward a transmittal letter to the Engineer with each shipment of samples containing the information required in the previous paragraph. Approval of a sample shall be only for the characteristics and use named in the submittal and approval shall not be construed to change or modify any Contract requirement. Before submitting samples, the Contractor shall assure himself that the materials or equipment will be available in the quantities required in the project, as no change or substitution will be permitted after a sample has been approved unless approved by the Engineer in writing.

Samples of material from local sources shall be taken by or in the presence of the Engineer if so required by the Engineer; otherwise the samples will not be considered for testing.

Approved samples not damaged in testing may be incorporated in the finished work if marked for identification and approved by the Engineer. Materials incorporated in the work shall match the approved samples.

Failure of any material to pass the specified tests will be sufficient cause for refusal to consider under this Contract any further samples of the same brand, make or source of that material. The Engineer reserves the right to disapprove any material which has previously proven unsatisfactory in service.

Samples of material delivered on the site or in place may be taken by the Engineer for testing. Failure of samples to meet Contract requirements will annul previous approvals of the item tested.

G6.09 TESTING OF MATERIALS OR WORK. Materials to be used in the work will be subject to inspection and tests by the Engineer or his/her designated representative. The Contractor shall furnish, without charge, such samples as may be required and make available locations for required in place testing.

Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation, or by nationally recognized testing organizations or as specified in the Contract Documents. The Engineer will make or approve all testing. Unless otherwise noted in the Specifications, testing will be made at the expense of the Contractor. In any case, in the event that F.3.a
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any materials and work fail to pass tests, the cost of subsequent testing of similar materials and work as may be required by the Engineer shall be borne by the Contractor.

Test methods developed by the State of California, Department of Transportation are identified by the prefix Calif., followed by the serial number. Copies of individual test methods are available at the Transportation Laboratory, Sacramento, California.

Whenever a reference is made in the Specifications to a test method by Calif. number, it shall mean the test method in effect on the date of the Notice to Bidders for the work. Whenever a reference is made in the Specifications to a specification or test designation of the American Society for Testing and Materials, the American Association of State Highway Officials, Underwriters' Laboratories, Inc., or any other recognized national organization, and the number accompanying the test designation representing the year of adoption of the test has been omitted, the reference shall mean the test method in effect on the date of the Notice to Bidders for the work.

Whenever the Contract Documents provide an option between two or more test methods, the Engineer will determine the test method to be used.

Whenever a specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, s hall be furnished to the Engineer. The manufacturer's test report shall supplement the inspection, sampling and testing provisions of this Section and shall not constitute a waiver of the City's right to inspect.

When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at his/her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Engineer.

G6.10 CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Special Provisions or Specifications require that such Certificate be furnished. In addition, the Engineer may permit the use of certain materials prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the Specifications. The Certificate shall be signed by the manufacturer of the material. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lots so certified shall be clearly identified in the Certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as approved by the Engineer.

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SECTION 7

LEGAL RELATIONS AND RESPONSIBILITIES

G7.01 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

The Contractor shall at all times observe, and shall cause all its agents and employees to observe, all such requirements of laws and shall protect, indemnify and hold harmless the City and the Engineer, and all of their respective officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or its employees.

If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any such requirements of laws, the Contractor shall immediately report the same to the Engineer in writing. The Contract Documents shall be governed by the laws of the State of California.

G7.02 LABOR CODE REQUIREMENTS. Attention is directed to the following requirements of the Labor Code:

A. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as penalty to the City, Twenty-Five Dollars ($25) for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and forty (40) hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815 thereof, inclusive, except that work performed by employees of the Contractor in excess of eight hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half (1 ½) times the basic rate of pay, as provided in said Section 1815.

B. Labor Non-Discrimination. Attention is directed to Section 1735 of the Labor Code which provides the Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age of such persons, except as provided in Section 12940 of the Government Code.

C. Prevailing Wages. The Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to an amount determined by the Labor Commissioner not to exceed Fifty Dollars ($200.00) for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

Pursuant to the provisions of Section 1773 of the Labor Code the City shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies F.3.a
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of the prevailing rates are on file at the City Office and are available to any interested party on request, or may be obtained directly from the DIR website at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm . Such wage rates must be prominently posted at the construction site.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.

D. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and 1771.4. The Contractor shall be responsible for the compliance with these provisions by its subcontractors.

(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.

(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

(d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within ten (10) days after receipt of a written request.

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(e) Each contractor and subcontractor shall furnish the records specified in Cal. Labor Code section 1776 directly to the Labor Commissioner monthly in a format prescribed by the Labor Commissioner. (Cal Lab Code § 1771.4)

(f) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.

(g) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

(h) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section.

In the event that the Contractor fails to comply within the 10-day period, he/she shall, as a penalty to the State or the City, forfeit Twenty-Five Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Divis ion of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.

The penalties specified in subdivision (h) Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor.

The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

E. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.

F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.

Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:

"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." F.3.a
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Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.

G7.03 AIR POLLUTION CONTROL. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes that apply to any work performed pursuant to the Contract.

Material to be disposed of shall not be burned, either inside or outside the work site.

G7.04 WATER POLLUTION CONTROL. The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule its operations so as to avoid or minimize the introduction of sediment into the stormwater system and muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside or other vegetation beyond the limits of construction. The use of the term "stream(s)" in this Section shall also include and mean any and all stormwater collection and conveyance systems/facilities whether private or public except when such definition is not appropriate/does not make sense.

Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the Special Provisions, or directed by the Engineer and instituting Best Management Practices and/or Performance Standards set forth in City's National Pollutant Discharge Elimination System Permit for the discharge of water into the waters of the State and/or conditions set forth in a project specific permit if so required by the State Water Resources Board/SF Regional Water Quality Board. Bidders and Contractor shall inform themselves of all relevant water pollution control requirements.

In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the Contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, Best Management Practices and Performance Standards, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of its operations. The Contractor shall coordinate water pollution control work with all other work done on the Contract.

Before starting any work on the project, the Contractor shall submit, for acceptance by the Engineer, a program to control water pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the Contract and for all water pollution control measures that the Contractor proposes to take in connection with construction of the project to minimize the effects of its operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until such program has been accepted.

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise its operations and its water pollution control program.

Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on said items until the water pollution control measures are adequate and, if also required, a revised water pollution control F.3.a
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program has been accepted.

The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program in not more than five (5) days.

The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.

The Contractor may request the Engineer to waive the requirement for submission of a written program for control of water pollution when the nature of the Contractor's operation is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written program for control of water pollution will not preclude requiring submittal of a writt en program at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations.

Where erosion which will cause water pollution is probable due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.

Nothing in the terms of the Contract nor in the provisions in this Section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.

The Contractor shall also conform to the following provisions:

1. Where working areas encroach on streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of such barriers, muddying of streams shall be held to a minimum.

2. Removal of material from beneath a flowing stream shall not be commenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.

3. Should the Contractor's operations require transportation of materials across streams, such operations shall be conducted without muddying the stream. Mechanized equipment shall not be operated in the stream channels of such streams except as may be necessary to construct crossings or barriers and fills at channel changes.

4. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering streams.

5. Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a stream.

6. Portland cement or fresh portland cement concrete shall not be allowed to enter flowing water of streams.

7. When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion and settling, F.3.a
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pond sites shall be graded so they will drain and will blend in with the surrounding terrain.

8. Material derived from roadway work shall not be deposited in a stream channel where it could be washed away by high stream flows.

9. Where there is possible migration of anadromous fish in streams affected by construction on the project, the Contractor shall conduct its operations so as to allow free passage of such migratory fish.

Compliance with the requirements of this Section shall in no way relieve the Contractor from its responsibility to comply with the other provisions of the Contract, in particular its responsibility for damage and for preservation or property.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.

G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES. Pursuant to California Government Code section 4215, the City or other appropriate utility company shall identify and provide for the timely removal, relocation or protection of any existing main or trunkline utility facilities located on the site of the work to be completed with reasonable accuracy in the plans and specifications made part of the invitation for bids. If the contractor disco vers utility facilities not identified by the City or others while performing the work, the Contractor shall immediately notify the City and owner of the utility in writing. For those utilities discovered by the Contractor, the City or other appropriate party as required will compensate the Contractor for the costs of locating, removing or relocating such utility facilities; repairing damage not due to the failure of the contractor to exercise reasonable care; and for equipment on the project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delays in completion of the project due to the failure of the City or owner of the utility to provide for removal or relocation of such utility facilities.

The Contractor shall contact the regional notification center, "Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.

G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION.

The following provisions, drawn from Section 7104 of the Public Contracts Code, shall apply to any work which involves digging trenches or other excavations which extend deeper than four feet below the surface:

(a) The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any:

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

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

(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

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(b) The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract.

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

G7.07 SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

G7.08 USE OF PESTICIDES. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of pesticides required in the performance of the work on the Contract.

Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.

Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, diseases, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.

G7.09 WEIGHT LIMITATIONS. Unless expressly permitted in the Technical Specifications, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code, over completed or existing base, surfacing, pavement or structures.

G7.10 PAYMENT OF TAXES. The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.

The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

G7.11 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses F.3.a
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(except those procured or to be procured by the City which are listed in the Special Provisions or Specifications), procure a City of Hollister business license, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

The Contractor shall comply with permits obtained by the City for the work, which are listed in the Special Provisions or Specifications.

G7.12 PATENTS. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes, used on or incorporated in the work and shall indemnify and save harmless the City, the Engineer, and their duly authorized representatives from all suits at law, or actions of every nature for, or on account of, the use of patented materials, equipment, devices or processes. In case such materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall: (a) se cure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or (b) replace such materials, equipment, devices or processes, or (c) modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City or the Engineer.

G7.13 SAFETY REQUIREMENTS. The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, enforce compliance with the safety and first aid requirements prescribed by applicable State and Federal laws and regulations, rules and orders and as may be necessary to the end that work shall be done in a safe manner and that the safety and health of the employees and the people of local communities is safeguarded. The Contractor shall comply with OSHA regulations applicable to Contractor regarding necessary safety equipment or procedures. In the event of conflicting requirements, the most stringent requirement as it pertains to the Contractor’s safety responsibility applies.

Compliance with the provisions of this Section by subcontractors shall be the responsibility of the Contractor. All installed material, equipment and structures, without separate charge therefor to the City, shall fully conform with all applicable State and Federal safety laws, rules, regulations and orders and it shall be the Contractor's responsibility to furnish only such material, equipment and structures, notwithstanding any omission in the Contract Documents thereof or that a particular material, equipment or structure was indicated. During the performance of the work, the Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Upon the failure of the Contractor to comply with any of the requirements of this Section, the Engineer shall have the authority, but not the duty, to stop any operations of the Contractor affected by such failure until such failure is remedied. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by the Contractor.

In no case shall the actions of the Engineer impose a duty of care on the City.

The Contractor shall maintain an accurate record of, and shall report to the Owner in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract. If death F.3.a
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or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger. In addition, the Contractor shall furnish the City with a copy of the Employer’s Report of Injury immediately following any incident requiring the filing of said report during the prosecution of the Work. The Contractor also shall furnish the City with a copy of the Employer’s Report of Injury involving any subcontractors on the project. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under the Contract.

The Contractor may not submit a claim for extension of time or for extra costs or for any damages as a result of any stop work order for items related to this Section that is issued by a proper authority, including the City.

No provisions of this Contract will act to make the City and Engineer/Architect, its consultants, or any other party other than the Contractor responsible for safety. The Contractor will indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all actions, damages, fines, and loses arising from the Contractors failure to meet all the safety requirements or provide a safe work site.

G7.14 TRENCH EXCAVATION SAFETY PLAN. Attention is directed to California Labor Code section 6705. At least five (5) days in advance of excavation of any trench five feet or more in depth, the Contractor shall submit to the Engineer for acceptance a detailed plan showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the State Construction Safety Orders, the plan shall be prepared and signed by a registered civil or structural engineer. Nothing in this Section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this Section shall be construed to impose liability on the City, the Engineer or any of their employees.

Acceptance by City or Engineer/Architect constitutes acknowledgement of the submission, and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submission, applicability to areas of intended use or implementation of the plan, all of which are solely the responsibility of the Contractor.

G7.15 SANITARY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the State, and to County, City and municipal laws and ordinances as may be applicable. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by the Contractor. Their use shall be strictly enforced. City sanitary facilities will not be available for use by the Contractor's employees, except where specifically designated in writing by the Engineer.

G7.16 PUBLIC CONVENIENCE. The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public.

All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. The Contractor shall obtain approval of its plans for the routing and control of traffic f rom the appropriate city, county or State agency. Where the temporary rerouting or closing to traffic of any public street or highway is necessary, the Contractor shall make all necessary arrangements with the appropriate city, county or State agency.

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All trucks coming to the site or leaving the site with materials or loose debris shall be loaded in a manner that will prevent dropping of material or debris on public streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately at the Contractor's expense.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition. Roadway excavations shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times.

For work in public right-of-way, the Contractor shall comply with the rules and regulations of the State, County or local agency that owns the right-of-way.

All costs of complying with public convenience requirements of the City or other agencies shall be included in the Contract price.

The Engineer shall have the authority, but not the duty, to stop the Contractor from beginning new work until the provisions of this Section have been met.

G7.17 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during construction, and all costs arising therefrom shall be included in the Contract amount.

Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions. For work in public right - of -way, the Contractor shall comply with the rules and regulations of the State, County, City or local agency that owns the right-of-way.

G7.18 PRESERVATION OF PROPERTY. Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed.

Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications if any such objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the Contract.

The fact that any underground facility is not shown on the Contract Plans shall not relieve the Contractor of its responsibility under Section G8.14, "Non-City Facilities," of the General Conditions.

It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such F.3.a
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underground improvements or facilities that may be subject to damage by reason of its operations.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Sect ion, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

G7.19 RESPONSIBILITY FOR DAMAGE. Neither City, nor any of its Councilmembers, officers, employees, the Engineer, representatives, consultants, engineers, attorney or insurers shall be liable, responsible, answerable or accountable in any manner from any of the following: (1) damage to the work itself or any part thereof, or any machinery, equipment, materials, supplies or facilities or appurtenances of any person or entity used in connection with the work hereunder; (2) personal injury (including, without limitation, physical injury, mental or emotional injury or distress and loss of consortium) or wrongful death to any person (including without limitation personal injury or wrongful death to any of the following (who shall hereinafter be referred to as "Potential Claimants"):

Contractor; all subcontractors; consultants; the owners, lessees, sublessees, tenants and other occupiers of the property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project; the employees, agents, representatives, business invitees of any of the foregoing; any third persons and members of the public; and City and its Councilmembers, agents, employees and consultants; (3) property damage to the real, personal or intangible property of any person, firm or entity, including without limitation that of any Potential Claimant; (4) Business losses and business interruption losses suffered by any owners, lessees, sublessees, tenants or other occupiers of the real property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project. The matters from which City is absolved from liability or responsibility under the foregoing provisions of this Section shall be referred to collectively as "Potential Liabilities and Claims."

To the maximum extent permitted by law, the Contractor shall be responsible for and shall indemnify, defend and save harmless the City, its Councilmembers, officers, employees, the Engineer, agents, representatives, engineers, consultants, attorneys and insurers ("Indemnitees") from and against any claims, demands, actions, causes of action, costs, expenses, liabilities, fines, penalties, judgment s, liens, losses and damages of any kind whatsoever (including, without limitation, the Potential Liabilities and Claims), arising from any breach or failure of Contractor to perform its obligation or duties under this Agreement, from Contractor's activities, actions and conduct in performing the work hereunder or from any other cause whatsoever during the progress of the work or at any time before its final completion and acceptance. The duty of the Contractor to indemnify and save harmless includes the duties to defend (by legal counsel satisfactory to the City) as set forth in Section 2778 of the Civil Code and to pay attorney's fees and litigation costs required by such defense.

With respect to third party claims against Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its Councilmembers, officers, employees, the Engineer, representatives, agents, consultants, engineers, attorneys and insurers. It is the intent of the parties that the Contractor's duties of defense and indemnity apply and are in full and undiminished force and effect hereunder regardless of the existence or degree of negligence or other fault on the part of the parties herein indemnified or on the part of any other person, firm or entity, save and except the active negligence or willful misconduct of City, its Councilmembers, consultants, engineers, officers, or employees and the Engineer. Should any part of the indemnity provisions of this Section be held invalid or unenforceable, the Contractor shall nonetheless be responsible to indemnify and defend and save each of the Indemnitees hereunder harmless to the maximum extent F.3.a
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provided by law. The requirements of this provision shall survive termination of the contract. Pursuant to Public Contract Code Section 9201, the City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time.

G7.20 RESPONSIBILITY FOR WORK AND MATERIALS. Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein, including materials for which he has received partial payment, and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. Relief from maintenance and responsibility for a portion of the total work will not be granted by the City, unless specifically provided for in the Special Provisions. The Contractor shall rebuild, repair or restore all injuries, losses or damages to any portion of the work and materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Should such injuries, losses or damages be caused by a third party, Contractor shall remain responsible and shall pursue on its own any proper response or payment by such third party for the injury, loss or damage. Where necessary, the Contractor shall, at its expense, provide suitable drainage and erect such temporary structures as are necessary to protect the work and materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of its responsibility for the work and materials as herein specified. The Contractor shall properly store materials that have been partially paid for by the City. Such storage by the Contractor shall be on behalf of the City and the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.

G7.21 CONTRACTOR'S LIABILITY INSURANCE.

A. Contractor shall purchase from and maintain in full force and effect from a company or companies lawfully authorized to do business in California (and acceptable to the City) policies of liability insurance as will protect the Contractor and the Cit y, its Councilmembers, officers, agents, employees, the Engineer, representatives, engineers, consultants and attorneys from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

1. claims under workers' compensation, disability benefits and any other similar employee benefit acts, statutes, rules or regulations which are applicable to the work;

2. claims for damage because of bodily injury, mental or emotional distress, occupational sickness or disease, or death of the Contractor's employees and loss of consortium claimed to be suffered by a spouse of such an employee;

3. claims for damages because of bodily injury, mental or emotional injury or distress, sickness or disease, loss of consortium or death of any person other than the Contractor's employees;

4. claims for damages insured by comprehensive personal injury liability coverage which are sustained by (1) a person as a result of an offense, act or omission directly or indirectly related to employment of such person by the Contractor, or (2) by another person; F.3.a
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5. claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

6. claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

7. claims arising from or covered by the Contractor's indemnity obligations under Section

B. The liability insurance required by Paragraph A shall include all major divisions of coverage and be on a comprehensive basis including:

1. Course of Construction/Property Damage/Premises Operations (Including X, C & U coverages)

2. Independent Contractors' Protective

3. Products and Completed Operations

4. Personal Injury Liability with Employment Exclusion deleted

5. Broad Form Blanket Contractual, including specified provision for Contractor's obligation under Section G7.19

6. Automobile liability coverage for Owned, Non-Owned and hired motor vehicles

7. Broad Form Property Damage, including Completed Operations.

C. The liability insurance required by Paragraph A shall be written for not less than the limits of liability specified in the Special Provisions or as required by law, whichever is greater. Coverages shall be written on an occurrence basis and shall be maintained without interruption from the date of commencement of work until the date of acceptance and final payment, and thereafter as may be required in the Special Provisions.

D. City, its Councilmembers, officers, employees, the Engineer, consultants, engineers, agents, and attorneys shall be named as additional insureds on the Contractor's and subcontractor's liability coverage policies.

E. In the event any work is subcontracted, the Contractor shall require the subcontractors to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractors' employees engaged in such work. In addition, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed by a subcontractor, to the extent such liability is not covered by the subcontractor's insurance.

F. Within fifteen (15) calendar days from date of the notice of award, Contractor shall furnish to the City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type, amount, class of operations covered, effective dates and date of expiration of policies and shall contain substantially the following statements:

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1. That the insurance covered by this certificate shall not be canceled (or not renewed) and coverage will not be materially altered without thirty (30) days' prior written notice to City.

2. That the City, its Councilmembers, officers, employees, agents, the Engineer, consultants, engineers, agents and attorneys are additional insureds on the policies.

3. That the policy is primary insurance and the company providing such policy shall be liable thereunder for the full amount of any claim or loss up to and including the total limits of liability, without right of contribution from any other insurance maintained by the City or the other additional insureds.

4. That the policy provides that inclusion of the City as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. Said policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the company's liability as set forth in this policy beyond the amount shown or to which the company would have been liable if only one interest had been named as an insured.

5. That such policy applies separately to each insured or additional insured against whom claim is made or suit is brought.

6. That such policy shall provide for severability of interests.

7. That an act or omission of one of the insureds which would void or otherwise reduce coverage shall not do so as to as to any other insured.

Upon City's requirement, copies of each such policy of insurance and all endorsements shall also be promptly delivered to City.

G. The Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not be interpreted as relieving Contractor from any obligation under the Contract Documents. If any claim is made by any third person against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the insurance carrier and the City.

H. If Contractor fails to procure and maintain any insurance required under this Section, the City may take out and maintain, at the Contractor's expense, such insurance as the City may deem proper and deduct the cost thereof from any monies due the Contractor.

I. For projects located within public right of way, additional insurance requirements may be imposed by the owner of the right of way as a condition of issuing an encroachment or street opening permit to the Contractor. The Contractor shall provide such insurance at its sole cost and expense.

G7.22 PROPERTY INSURANCE. Unless otherwise provided in the Special Provisions, the Contractor will purchase and maintain, in a company or companies lawfully authorized to do business in California, and acceptable to the City, property insurance upon the entire work, in the amount of the Contract price on a replacement cost basis. Such property insurance shall be maintained until final payment has been made.

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Property insurance shall be on an all-risk policy form (commonly known as "Builder's Risk-All Risk") and shall insure against the perils of earthquake, landslide, flood, collapse, loss due to the result of faulty workmanship or design, and all other risks and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. This insurance shall insure the interests of the Owner, the Contractor, and subcontractors in the work. Contractor and City will be named as additional insureds on the policy.

The property insurance may contain deductibles not to exceed the amounts specified in the Special Provisions. If no amounts are specified, the insurance shall be written without deductibles. The Contractor shall pay costs not covered because of such deductibles.

Complete copies of each policy of insurance and certificates of each policy, in form and substance satisfactory to City, shall be filed with City within fifteen (15) calendar days after date of notice of award. The policies and certificates shall provide:

(1) that City is included as a named insured;

(2) that losses shall be payable to Contractor and City as their interests appear; and

(3) the policy will not be canceled, nor coverage materially altered, without thirty (30) days' prior written notice to City.

G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise specified in the Specifications, the Contractor shall make its own arrangements for disposing of mater ials outside the work site and he shall pay all costs involved.

When any material is to be disposed of outside the work site, the Contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made and he shall file with the Engineer said permit or a certified copy thereof, together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property, and before any material is disposed of on said property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in said permit.

When material is disposed of as above provided and the disposal location is visible from a highway, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.

G7.24 COOPERATION. Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified, or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided.

The right is reserved to perform other or additional work at or near the site at any time, by the use of other forces.

When two or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion.

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G7.25 OCCUPANCY PRIOR TO ACCEPTANCE. The City reserves the right to occupy all or any part of the project prior to completion of the entire Cont ract, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the City.

If the Contractor carries insurance against damage to such premises or against liability to third persons covering the premises so used and occupied by the City, and if such occupancy results in increased premiums for such insurance, the City will pay to the Contractor the added cost for such insurance during the period of occupancy.

Such occupancy does not constitute acceptance by the City either of the complete work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective work or materials found at any time before the formal written acceptance of the entire Contract by the City or during the full guarantee period after such acceptance.

G7.26 ACCEPTANCE OF THE WORK. When the Engineer has made the final inspection as provided in Section G5.14 and determines that the work has been completed in all respects in accordance with the Contract Documents, he will recommend that the City formally accept the work.

Immediately upon and after such formal written acceptance by the City, the Contractor will be relieved of the duty of maintaining the work as a whole, and he will not be required to perform any further work thereon except as provided in Sections G4.15, "GUARANTY OF WORK" and G4.16, "CORRECTION OF WORK DURING WARRANTY PERIOD."

G7.27 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in Section 9.

G7.28 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the work as shown on the Contract Drawings unless he obtains prior written approval.

G7.29 ANTITRUST CLAIMS. The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b) which shall be applicable to the Contractor and its subcontractors:

"In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the F.3.a
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parties."

G7.30 ACCESS TO THE WORK. The Contractor shall satisfy himself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.

G7.31 PERSONAL LIABILITY. Neither the City's Councilmembers, City Manager, City Clerk, City Attorney, Engineer, Officers, Agents, Representatives nor Employees shall be personally responsible for any liability arising under or by virtue of this Contract.

G7.32 THIRD PARTY RIGHTS. Nothing in the Contract is intended to create the public or any member thereof a third party beneficiary hereunder.

G7.33 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all work under this Contract and shall not be considered as an agent or employee of the City, nor shall the Contractor's subcontractors or employees be considered as subagents of the City.

G7.34 HAZARDOUS CHEMICALS AND WASTES. The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract and for all proper and required reporting, cleanup and disposal and other activities as may be required by law or regulation. The Contractor shall immediately report any such release to the Engineer. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this Section only, the term "claims" shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against the City, its Councilmembers, officers, agents or employees, or for any loss, cost (including reasonable attorney's fees), damage or liability, sustained or suffered by any person or entity, including City.

If the performance of the work outlined by these contract specifications creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The contractor shall notify the Engineer of any such hazardous wastes and the City reserves the right to a copy of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.

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SECTION 8

PROSECUTION AND PROGRESS

G8.01 SUBCONTRACTING. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its direct control and supervision.

No subcontractor will be recognized as such and nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is as fully responsible to the City for the acts and omissions of the Contractor’s subcontractors and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor.

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.

Attention is directed to the requirements of (commencing with California Public Contract Code Section 4100) the California Public Contract Code, which are applicable to this Contract. Each bidder shall list in its Bid the name and business address of each subcontractor to whom the bidder proposes to subcontract a portion of the work, and shall list each subcontractor, licensed by the State of California, proposed by the bidder to specially fabricate and install a portion of the work. Said list shall include a description of the portion of the work which shall be done by each subcontractor. The bidder shall execute and submit with its Bid the "List of Subcontractors" on the form included in this book.

Additional forms may be obtained from the Engineer. The Contractor shall not, without the written consent of the City, either substitute any person as subcontractor in place of the subcontractor designated in the original List of Subcontractors, or sublet or subcontract any portion of the work in excess of one-half of one percent of the total amount of its proposal for which he did not originally designate a subcontractor.

When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately by Contractor on the request of the City, and shall not again be employed on the work.

The on-site production of materials produced by any person or entity other than the Contractor's forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the work, shall conform to the requirements relating to labor set forth in the Contract Documents.

The Contractor shall require, by written agreement, each subcontractor to be bound to the Contractor by terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the City, to the extent of the work to be performed by the subcontractor. Each subcontract agreement shall preserve and protect the rights of the City under the Contract Documents with respect to the work to be performed by the subcontractor, so that subcontracting will not prejudice such rights.

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G8.02 ASSIGNMENT. The performance of the Contract may not be assigned by Contractor except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the work to be performed under the Contract.

The Contractor may assign monies due or to become due him under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.

G8.03 NOTICE TO PROCEED. As soon as practicable after execution of the Contract by the City, approval by the City of the Contract Bonds and all other documents listed in the Contract, and after receipt of acceptable insurance certificates by the City, and any other items as may be required in the Contract Documents, a written Notice to Proceed will be mailed or hand delivered to the Contractor. The effective date of the Notice to Proceed will be the date stated as such in the Notice to Proceed, provided that the effective date will not be earlier than the calendar day following the issuance of the Notice to Proceed.

G8.04 BEGINNING OF WORK. The Contractor is not authorized to perform any work on the Project until he has received a Notice to Proceed from the City. No later than ten (10) calendar days after the effective date of such Notice to Proceed, the Contractor shall commence work and shall diligently prosecute the same to completion within the time limit provided in the Special Provisions.

The Contractor shall notify the Engineer, in writing, of its intent to begin work at least 72 hours before work is begun and shall specify the date the Contractor intends to start. If the Project has more than one location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of receiving the Notice to Proceed and providing notice to the Engineer, any work performed by Contractor in advance of such notice shall be considered as having been done by Contractor at its own risk and as a volunteer.

G8.05 SCHEDULES AND PROGRESS REPORTS. The Contractor shall, within the time specified in the Special Provisions after the effective date of the Notice to Proceed, submit to the Engineer the specified number of copies of a construction schedule covering its operations for the work. Failure to submit at any time a proper and adequate schedule as specified shall be adequate reason alone to delay approval of any partial payments as an improperly submitted payment request until such required schedule is submitted and accepted. The construction schedule shall be in the form required by the Special Provisions or Specifications. The schedule shall show the order in which the Contractor proposes to carry out the work and the dates on which he expects to start and finish each part or division of the work (including procurement of materials, plant and equipment). The construction schedule shall be consistent with the time and order of work requirements of the Contract Documents and shall provide for expeditious and practicable execution of the work; provided that it shall not show a completion date earlier than the date by which the Contract must be completed pursuant to Section G8.07 and the corresponding Special Provision unless this early completion date was submitted with the Contractor's Proposal and the Contractor agrees to sign a Change Order reducing the completion time to that proposed by its schedule. If the Contractor desires to revise its construction schedule, or if it becomes necessary to revise it due to major changes, he shall submit the specified number of copies of the revised schedule for review and comment by the Engineer.

The Contractor shall, within ten (10) days after the effective date of the Notice to Proceed, also submit F.3.a
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to the Engineer three copies of a schedule of submittals which is coordinated with the Contractor's construction schedule and within the review times provided in the Contract Documents.

For a payment request to be complete and proper, the Contractor shall submit to the Engineer, at the time of submittal of the invoice for work completed (See Section G9.08), a schedule summary report in a form and of sufficient detail and character as specified in the Special Provisions. The schedule summary report shall include the updated current construction schedule and shall specify whether the project is on schedule and, if not, the reasons therefor and actions being taken to get back on schedule if work is behind schedule. The monthly schedule summary report shall also indicate the delivery status of major and critical items of purchased equipment and material, the status of shop drawings and field fabricated work and such other information as may be required and set out in the Special Provisions.

G8.06 SITE MEETINGS. The Contractor shall schedule meetings with the Engineer and each active subcontractor at the work site weekly, or at such other frequency as specified in the Special Provisions. Each subcontractor shall have present a competent representative to report the conditions of its work and to discuss problems.

G8.07 TIME OF COMPLETION. The Contractor shall complete all or any designated portion(s) of the work called for under the Contract in all parts, manner and requirements within the time set forth in the Special Provisions.

G8.08 ADDITIONAL SHIFT WORK. The time limits specified for the completion of the work contemplated may be insufficient to permit completion of the work by the Contractor working a normal number of hours per day or week on a single shift basis. Where additional shifts or premium time pay are necessary to ensure that the work will be completed within the time limits specified, any resul ting additional costs will be considered to be included in the price paid for the various Contract items of work and no additional compensation to Contractor will be allowed therefor.

If the Contractor desires to carry on work at night or outside regular working hours, he shall give timely written notice to the Engineer to allow satisfactory arrangements to be made for observing the work in progress.

G8.09 CITY'S RIGHT TO STOP THE WORK. If the Contractor fails to promptly correct work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out work in accordance with the Contract Documents, the Engineer may, in writing, order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated.

The Contractor shall immediately comply with a written order of the Engineer to stop the Work. The W ork stopped shall be resumed as and when ordered by the Engineer.

G8.10 LIQUIDATED DAMAGES. It is agreed by the parties herein to the Contract that in case all the work called for under the Contract, in all parts and requirements, is not completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the City, as liquidated damages for delay and not as a penalty, the sum set forth in the Special Provisions per day for each and every calendar day's delay in completing the work in excess of the number of days prescribed; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract if the Contractor has not paid within seven (7) days any demand from the City for liquidated damages. If, based on the current
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approved progress schedule and rate of progress, it is determined by the Engineer that completion will exceed the Contract time, as extended by any change orders, the Engineer may prospectively assess and withhold liquidated damages from any progress payments to Contractor. If and at such time as progress by Contractor improves to indicate timely completion, liquidated damages so withheld may be released at the next regular progress payment.

G8.11 DELAYS AND EXTENSIONS OF TIME. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time set forth in the Special Provi sions caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor or subcontractor. Examples of such causes include acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes and other work stoppages caused by a labor dispute, shortage of materials as conditioned below, and freight embargoes, changes made under Section 4.04 ("Changes") or acts or neglect of the City or Engineer not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following: (1) that the cause is not due in any respects to the fault of the Contractor or subcontractor and the Contractor has taken reasonable precautions to prevent delays due to such cause, (2) that the Contractor has developed and implemented work-around plans, schedules and actions to mitigate or avoid project completion delays to the extent practical and possible, (3) that any delayed activities are on the critical path and (4) that the Contractor notifies the Engineer in writing within ten (10) calendar days from the beginning of such delay specifying the nature of the delay, the number of days actually delayed or expected to be delayed and the measures taken to prevent, mitigate or minimize the delay. Failure by Contractor to submit written notice to the Engineer within this time shall constitute an absolute waiver by Contractor of any claim for a time extension; failure to submit all the required information by Contractor shall be sufficient cause for denial of the request for a time extension; and failure by Contractor to have a current and updated schedule on file with the Engineer at the time of request for a time extension or claim of delay shall be sufficient cause alone for the City to reject a claim and deny a request for a time extension.

Further, no extension of time will be granted to Contractor for a delay caused by a shortage of or delay in delivery of materials, unless the Contractor promptly furnishes to the Engineer documentary proof that he has diligently made on a timely basis every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as required in Section G8.05, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.

The term "shortage of materials," as used in this Section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract.

No extension of time will be granted for storms or adverse weather conditions which may reasonably be expected for the area in which the work is being performed, based on official records of monthly precipitation and other historical data. The intensity alone of any single or series of storms shall not be the basis for a time extension. In submitting a bid the bidder is certifying its understanding of the conditions for any time extension for storms or adverse weather and that he has included full F.3.a
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consideration of delays in work due to weather conditions that reasonably can be expected in the project area.

No extensions of time will be granted for delays that have no measurable impact on the completion of the total work under the Contract. When extensions of time are granted, they will be limited to the period equivalent to the actual number of workdays lost on the critical path or controlling operation of construction, taking into account the extent to which that delay could be decreased by reasonable mitigation and work around measures by the Contractor or its subcontractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it.

Within a reasonable period of time after the Contractor submits the notice and information required by this Section, the Engineer will determine whether an extension of time is justified and, if so, the number of days for the extension.

The Contractor shall have no claim for damage or compensation against City for any delay or hindrance and shall be fully compensated by an extension of time provided as set forth in this Section.

Notwithstanding the preceding sentence, the Contractor may only submit a claim for compensable delay caused by acts or omissions of the City but only if such acts or omissions: (1) cause delay which is unreasonable in the circumstances and (2) are not such as to be within the contemplation of the parties. It is expressly agreed that delays by the City in providing access to the work site are not within the contemplation of the parties but that delays by the City in reviewing shop drawings and submittals and the risk of delays due to errors or omissions in the Contract Drawings are within the contemplation of the parties as expectable events in the construction process.

G8.12 TERMINATION OF RIGHT TO PROCEED. If the Contractor should appear to the Engineer to be in default and the Contractor fails to remedy its default within ten (10) days after receipt from the Engineer of notice of such default, the City may terminate the Contractor's right to proceed with the W ork or that portion which the Engineer determines is most directly affected by the default.

The term "default" for purposes of this Section includes, but is not limited t o, the performance of work in violation of the terms of the Contract; abandonment, assignment or subletting of the Contract without approval of the City; bankruptcy of Contractor or appointment of a receiver for Contractor's property; refusal or failure by Contractor to properly to prosecute the work; Contractor’s use of materials, supplies, plant or equipment of improper quality or quantity; refusal or failure by Contractor to use an adequate number of properly skilled workers; failure by Contractor to provide proper workmanship; failure by Contractor to take effective steps to end a prolonged labor dispute; and Contractor’s performance of the Contract in bad faith.

Upon the City's termination of the Contractor's right to proceed with the Work, or a portion of it, the City shall have the right to complete the W ork, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the W ork, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion.

The expense of completing such work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be F.3.a
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due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Contract, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due to the City.

The City may, in its sole discretion, withhold all or any part of any progress payments otherwise due the Contractor until completion and final settlement of the work covered by such notice of default.

G8.13 TERMINATION OF CONTRACT.

A. Termination for Cause. The City may terminate the Contract if the Contractor:

1. persistently or repeatedly fails or refuses to supply enough properly skilled workers or proper materials;

2. fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and subcontractor;

3. persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or

4. otherwise is guilty of a material breach of a provision of the Contract Documents. A "default" as defined in Section G8.12 shall constitute a substantial breach of the Contract Documents.

When any of the above reasons exist, the City may, without prejudice to any other rights or remedies of the City under this Contract or otherwise, upon ten (10) days' written notice, terminate the Contract and may:

1. take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor;

2. finish the work by whatever means the City deems expedient.

When the City terminates the Contract under this Section, the Contractor shall not be entitled to receive any further payments to which the Contractor is actually due until the W ork is completed and accepted by the City, and the Contractor is properly due any further payment.

The provisions of the last two paragraphs of Section G8.12 shall apply if the City terminates the Contract.

The City will issue the Contractor a written notice specifying that the Contract is to be terminated.

Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:

1. stop all work under the Contract except that work specifically directed to be completed prior to acceptance;

2. perform work the Engineer deems necessary to secure the project for termination;
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3. remove equipment from the site of work, as directed by the Engineer;

4. take such action as is necessary to protect the work and materials from damage;

5. notify all subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer;

6. provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request;

7. dispose of materials not used in the work as directed by the Engineer.

It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section G9.10, "Partial Payments," of these General Conditions and with bills of sale or other documents of title for such materials;

8. subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the rights, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder;

9. furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which state and/or federal funds are involved, all documentation required under the state and/or federal requirements included in the Contract; and

10. take such other actions as the Engineer may direct.

B. Termination for Convenience. The City, at its sole discretion, may terminate this Contract in whole, or from time to time in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City. Any termination which is not based on the circumstances set forth in Subsection A above, shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and work performed up to the date of termination and such additional compensation as the City deems proper and reasonable to effect termination.

Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease work as to those portions of the project so terminated and shall undertake the steps outlined in Subsection A above.

In the event that the City terminates this Contract under Subsection A above and it is determined for F.3.a
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any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Subsection B and the terms and conditions outlined in this Subsection automatically will be applied to effectuate the Contract termination.

G8.14 CITY AND NON-CITY FACILITIES. The Contractor shall protect from damage those utilities and City and non-City facilities that are to remain in place, be installed, relocated or otherwise arranged.

Attention is directed to the possible existence of any and all facilities not shown, and of facilities in a location different from that which is indicated. The Contractor shall take all steps necessary to ascertain the exact location of all facilities prior to doing work which may damage such facilities or interfere with their service. Where the location of a facility is not indicated or is in doubt, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. The cost of such excavations and explorations will be considered as a part of the cost of other items of work and no additional payment will be made to Contractor. Such excavations and exploratory work shall also not entitle the Contractor to an extension of time.

Where it is determined by the Engineer that the rearrangement of an underground facility, the existence of which is not shown on the drawings, is essential in order to accommodate the work, the Engineer will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under the Change Order.

The Contractor shall maintain all utility facilities placed by him in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period. The cost of such shoring, supports and maintenance shall be borne by the Contractor and no other compensation shall be due the Contractor for this work.

The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work.

G8.15 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any services he may require in performance of the work of this Contract and shall pay all costs of these services directly to these utility organizations.

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SECTION 9

MEASUREMENT AND PAYMENT

G9.01 MEASUREMENT OF QUANTITIES. All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with United States Standard Measures unless otherwise specified in the Special Provisions or Bid Schedule.

G9.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the City; and for all risks of every description connected with the prosecution of the work, also for all expense incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to t he Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or materials.

No compensation will be made in any case for loss of anticipated profits.

Except as specifically provided otherwise, no separate payment will be made for work covered in any of these General Conditions, the Special Provisions, the Greenbook, and if used, the Technical Specifications, and the cost thereof will be considered as included in the prices paid for the various Contract items included in the Bid.

If the "payment" clause in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured nor paid for under any other pay item which may appear elsewhere in the Contract Documents.

G9.03 FORCE ACCOUNT PAYMENT. When extra work or other work done pursuant to a Change Order is to be paid for on a force account basis, the labor, materials and equipment used in the performance of such work shall be subject to the approval of the Engineer and compensation will be determined as follows:

A. Work Performed by Contractor. The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereafter provided in Sections 9.03A(1), "Labor," 9.03A(2), "Materials," and 9.03A(3), "Equipment Rental," except where agreement has been reached to pay in accordance with Section 9.03B, "Work Performed by Special Forces or Other Special Services."

To the total of the direct costs computed as provided in Sections 9.03.A(1), "Labor," 9.03.A(2), "Materials" and 9.03.A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials, 15 percent to the cost of Contractor - owned equipment, and 15 percent to rented equipment.

The above markups shall constitute full compensation, covering the cost of general supervision, overhead, profit and any other general expense not specifically designated as cost or equipment rental in Sections 9.03.A(1), (2) and (3). The total payment made as provided F.3.a
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above shall be deemed to be the actual cost of such work and shall constitute full compensation therefor.

When work paid for on a force account basis is performed by subcontractor(s), the Contractor shall reach agreement with subcontractor(s) as to the distribut ion of the payment made by the City for such work. No additional payment therefor will be made by the City by reason of the performance of the work by a subcontractor(s) or other forces.

(1) Labor. The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
(la) Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes.

(lb) Labor Surcharge. To the actual wages, as defined in Section

9.03A(la), will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract. Said labor surcharge shal l constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section

9.03A(la) and subsistence and travel allowance as specified in Section 9.03A(lc).

(2) Materials. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.

Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:

(2a) If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken.

(2b) If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of such materials.

(2c) If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower, less any discounts as provided in Section 9.03A(2a).

(2d) If the cost of such materials is, in the opinion of the Engineer, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned delivered to the job site, less any discounts as provided in Section 9.03A(2a).

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(2e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within sixty (60) days after the date of delivery of the materials or within fifteen (15) days after acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9.03A(2a).

(3) Equipment Rental. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may fu rnish any cost data which might assist the Engineer in the establishment of such rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.

The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.

Operators of rented equipment will be paid for as provided in Section 9.03A(1), "Labor."

All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.

Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates.

Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

Individual pieces of equipment or tools not listed in said publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.

Rental time will not be allowed while equipment is inoperative due to breakdowns.

(3a) Equipment on the Work. The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time that F.3.a
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that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work.

The following shall be used in computing the rental time of equipment on the work:

(1) When hourly rates are listed, less than 30 minutes of operation shall be considered to be 2 hour of operation.

(2) When daily rates are listed, less than 4 hours of operation shall be considered to be 2 day of operation.

(3b) Equipment Not on the Work. For the use of equipment moved in on the Work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, or determined as provided in Section 9.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:

(1) The original location of the equipment to be hauled to the location of the work will be agreed to by the Engineer in advance.

(2) The City will pay the costs of loading and unloading such equipment.

(3) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.

(4) The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.

(5) The rental period shall begin at the time the equipment is unloaded at the site of the extra work or the extra work is available to be accomplished whichever occurs later, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment or its further use is unnecessary. The rental time to be paid per day will be in accordance with the following:

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Hours Equipment Hours to
is in Operation be Paid

0 ............... 4

0.5 ............... 4.25
1 ............... 4.5

1.5 ............... 4.75
2 ............... 5

2.5 ............... 5.25
3 ............... 5.5

3.5 ............... 5.75
4 ............... 6

4.5 ............... 6.25
5 ............... 6.5

5.5 ............... 6.75
6 ............... 7

6.5 ............... 7.25
7 ............... 7.5

7.5 ............... 7.75
8 ............... 8
Over 8 hours in operation

The hours to be paid for equipment which is operated less than eight (8) hours due to breakdown shall not exceed eight (8) less than the number of hours the equipment is inoperative due to breakdowns.

When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (2) hour of operation.

When daily rates are listed, payment for one-half (2) day will be made if the equipment is not used. If the equipment is used, payment will be made for one (1) day.

The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than eight (8) hours or if on a daily basis, shall not be less than one (1) day.

(6) Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions; provided such payment shall not exceed the cost of moving the equipment to the work.

(7) Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.

(3c) Owner-Operated Equipment. When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:

Payment for the equipment will be made in accordance with the provisions in Section 9.03A(3), "Equipment Rental."
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Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workmen operating similar equipment already on the project, or, in the absence of such other workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 9.03A(1b), "Labor Surcharge."

To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section

9.03A, "Work Performed by Contractor."

(3d) Dump Truck Rental. Dump truck rental shall conform to the provisions of Section 9.03A(3), "Equipment rental," 9.03A(3a), "Equipment on the Work," and

9.03A(3b), "Equipment not on the Work," except as follows:

Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing contract item work.

In the absence of contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.

The provisions in Section 9.03A(1), "Labor," shall not apply to operators of rented dump trucks.

The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.

To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. No separate markup will be made for labor.

The provisions of Section 9.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.

B. Work Performed by Special Forces or Other Special Services. When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of its subcontractors, such service or extra work item may be performed by a specialist. Invoices for such service or item of extr a work on the basis of the current market price thereof may be accepted without complete itemization of labor, materials and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.

In those instances wherein a contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work performed in such facility may, by agreement, be accepted as a specialist billing.

To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section 9.03A, "Work Performed by Contractor." F.3.a
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G9.04 FORCE ACCOUNT RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations. The records and extra work reports shall be maintained and prepared for specific scopes of work provided by the Engineer. The Engineer may establish a Not to Exceed cost for a specific scope of work. In such cases the Contractor shall maintain records so as to ensure that the Not to Exceed cost is not exceeded but that the Engineer is advised in writing ahead of time if it is anticipated that the cost will be exceeded so that the Engineer may consider action to increase the Not to Exceed cost or modify the scope of work. The City shall not pay for any costs above the Not to Exceed cost if the Contractor has not provided such notice in writing at least seven (7) calendar days in advance of the date the Contractor anticipates reaching the Not to Exceed cost.

From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, on forms furnished by the City or on computerized facsimiles of the City's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily reports shall itemize the materials used whether invoices are or are not available that day and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces, except for charges described in Section G9.03.B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated. With each daily extra work report submitted to the Engineer, the Contractor shall compile the total cost of the extra work accomplished to date for a specific scope of work and compare it to the Not to Exceed cost if one has been established by the Engineer.

Material charges shall be substantiated by valid copies of vendor's invoices. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports clearly and distinctly noting the previous daily report(s) to which they pertain.

Should vendor's invoices not be submitted within sixty (60) days after the date of use of the materials or within fifteen (15) days after the acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials are available in the quantities concerned delivered to the location of the work, less any discounts provided in Section G9.03.A.

The daily extra work reports shall be signed by the Contractor or its authorized representative. The daily reports shall be turned in to the Engineer no later than by the close of business on the working day following the day of the report. Failure to turn in reports on this schedule shall be the basis for denying payment and/or using the Engineer's records only as the final and indisputable basis for payment. Reports must be complete as noted above.

The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments.

When these daily extra work reports are agreed upon and signed by both parties, except for delinquent reports as noted above, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on the later audit by the City.

The Contractor's cost records pertaining to work paid for on a force account basis shall be open to inspection or audit by representatives of the City, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than F.3.a
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sixty (60) days after the acceptance date of the contract, the Contractor will be given a reasonable notice of the time when such audit is to begin.

Payment as provided in Sections 9.03A, "Work Performed by Contractor," and 9.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. Such payment will be made in accordance with the provisions for "Partial Payments."

G9.05 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this Sect ion shall not be a prerequisite as to matters within the scope of the Contract Change Order protest provisions in Section G4.09, "Protest Procedure," or the notice provisions in Section G8.11, "Delays and Extension of Time," nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.

The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, all relevant facts associated with the claim, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the Engineer or the City, such notice shall be given to the Engineer prior to the time that the Contractor has started performance of the work giving rise to the potential claim for additional compensation. In all other cases, notice shall be given within ten (10) days after the happening of the event or occurrence giving rise to the potential claim. Should a claim not be adequate or complete in content as set out above, the Engineer will reject and return the claim for Contractor's reconsideration and resubmission if so decided by Contractor. Any resubmission shall be made within seven (7) days of return by the Engineer to be considered timely unless a longer time frame is allowed by the Engineer.

It is the intention of this Section that differences between the parties arising under and by virtue of the Contract shall be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed or not complete as to required content noted above.

G9.06 RECORDS. Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of three (3) years after final payment on this contract, which shall be subject to audit or inspection by the City or the State Auditor during this period.

Separate and apart from the obligations under Section 8546.7, the City shall have the right to audit project records at City’s discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve a disputed contract change order; or (c) submission of a construction claim.

G9.07 DISPUTE RESOLUTION. To accomplish the intent of early resolution of differences between the parties, the following procedures shall be followed for any Notice of Potential Claim submitted in full compliance with Section 9.05.

The Engineer will review and analyze each claim within the timeframe established by the Engineer based on the nature and complexity of the claim and advise the Contractor of its findings and determinations. The Contractor shall provide supplemental information as may be reasonably requested by the Engineer in the course of its review/analysis, and be available for discussions with F.3.a
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the Engineer on the matter. Failure of the Contractor to provide such information on a timely basis or be available for discussions shall be sufficient cause to deny the claim.

Within ten (10) calendar days of receipt of the Engineer's written findings and determinations the Contractor shall either indicate in writing agreement and acceptance or shall advise the Engineer in writing of any disagreement setting forth clearly and completely the basis for such disagreement and stating what the Contractor's position is on the issue(s) in disagreement. Failure to submit any response within the ten (10) calendar days shall be conclusively construed as Contractor acceptance of the Engineer's determinations and no further claim shall be allowed.

Upon receipt of Contractor's notice of acceptance or a non response within ten (10) calendar days the Engineer will take appropriate action to document resolution of the claim and make any needed adjustments to the contract. Should the Contractor express any disagreement he shall document it in writing to the Engineer and provide any additional documentation supporting its claim. The Engineer will conduct a review and analysis of the Contractor's documentation in the same fashion and under the same conditions as set forth for the original claim and render its final determinations and decision.

The Engineer then will take appropriate actions to adjust the Contract as may be required by its final determinations and decision.

The procedures set forth above are not intended to abrogate or replace the Public Contract Code requirements referred to in General Condition G9.11. If after participating in the dispute resolution procedures set forth above, the Contractor intends to proceed with submission of a claim, then the Contractor must formally resubmit the claim following the procedures in General Condition G9.11 and identifying that the claim is resubmitted pursuant to General Condition G9.11.

G9.08 STOP PAYMENT NOTICES. The City may, at its option and at any time, retain out of any amounts due the Contractor sums sufficient to cover claims filed pursuant to Section 9000, et seq., of the California Civil Code.

G9.09 PAYMENT SCHEDULES. The Contractor shall submit a Schedule of Anticipated Contract Payments and a Schedule of Pay Items for review and approval by the Engineer prior to the initial partial payment to the Contractor. The Schedule of Pay Items shall be prepared by the Contractor in a format approved by the Engineer and shall include such detail as directed by the Engineer. These schedules shall be sufficiently clear and detailed so as to facilitate an accurate and realistic appraisal of monthly progress for the purpose of making partial payments. The value for each bid item shall total the bid amount. The cost breakdown shall include only actual work items.

No amounts will be allowed for mobilization and other overhead costs such as bonds and insurance unless specifically provided for in the Special Provisions or bid schedule. Unless otherwise provided, costs of these items shall be spread uniformly over the actual items of work. The values in the schedule will be used only for determining partial payments.

The Schedule of Anticipated Contract Payments shall be coordinated with the Contractor's construction schedule submitted pursuant to Section G8.05 and shall show the anticipated monthly Contract payments for each of the pay items covered in the Schedule for Pay Items, the total of monthly payments and cumulative total of payments for each month. If the construction schedule is revised, the Schedule of Anticipated Contract Payments shall also be revised and resubmitted for the Engineer's review and approval as circumstances indicate to ensure that the schedule coincides with actual progress. No partial payment will be made until the Engineer has approved the Schedules required by this Section.

Hollister City CouncilApril 18, 2022

Hollister City Council
April 18, 2022