On Call Architecture Services
1. SCHEDULE OF ACTIVITIES:
RFP Release: 12/22/2023
Written Inquiry Deadline: 01/16/2024 @ 5:00 p.m.
Submission Deadline: 01/30/2024 @ 3:00 p.m.1
Interviews (if required): Week of February 19, 2024 (tentative) City Council Approval: 03/18/2024 (tentative)
2. PRE-SUBMITTAL INQUIRIES AND POINT OF CONTACT:
A. Pre-Submittal technical and procedural inquiries shall be directed to William Via at https://www.bidnetdirect.com/california/cityofhollister B. Answers to all inquiries will be posted on bidnet direct.
C. Inquiries that result in an addendum to the Request for Proposal (“RFP”) will be uploaded to bidnet direct. It is the responsibility of the contractor to check the website for any addendum. Contractors must include in their proposal an acknowledgement of receipt of any and all addenda issued. Please visit our bidnet website at: https://www.bidnetdirect.com/california/cityofhollister to check for addendums.
3. PROPOSAL SUBMISSION GUIDELINES:
A. Contractors must submit five (5) hard copies of their proposal, one with an original signature and one digital copy (PDF format). The proposal must be formatted in accordance with the instructions of this RFP. Proposals must be enclosed in a sealed envelope or package, clearly marked: "ON-CALL ARCHITECTURE SERVICES, RFP" and delivered to the City Clerk at 375 Fifth Street, Hollister, CA 95023 by the submission deadline.
B. Proposals received after the date and time specified shall not be considered.
Facsimile, telephone, or verbal proposals will not be accepted.
C. Proposers are expected to examine all provisions, specifications, and instructions included in this RFP, and all addendum on the City’s bidnetdirect website. Failure to do so will be at the proposer's risk.
D. All proposals shall be dated and signed by a representative authorized to enter into agreements for the proposing contractor.
1 Late submittals will not be accepted and will be returned unopened.
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E. All proposals shall remain in effect and legally binding for a minimum of one hundred and twenty (120) days from the opening date.
F. Expenses incurred in preparation of the proposal, site visits, or any other actions related to responding to this RFP shall be the responsibility of the contractor. Any and all damages that may occur due to packaging or shipping of the proposal will be the sole responsibility of the contractor.
G. All proposals, response inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits and other documentation submitted by contractor shall become the property of the City.
H. Stated days shall be interpreted as calendar days. Contractor must exami ne all information and materials contained in and accompanyi ng its proposal.
Failure to do so will be at the contractor's risk. This includes, but is not limited to, all relevant laws and regulations of the State of California and the United States Government.
I. Upon submittal of a proposal to the City, the proposal becomes the property of the City and is subject to the Public Records Act.
a. Unless otherwise compelled by a court order the City will not disclose any proposal whi le the City conducts its deliberative process in accordance with the procedures identified in this RFP.
However, after the City either awards an agreement to a successful Contractor, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 7920.000, et seq.), unless there is a legal excepti on to public disclosure.
b. If a contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, the Contractor shall: (1) clearly mark the relevant portions of its proposal "Confidential'; and (2) upon request from the City identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Contractor shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the qualifications submittal.
4. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:
A. A proposal that is in the possession of the City shall only be altered by letter or email addressed to William Via at [email protected], bearing the A.19.b
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signature of the contractor's authorized representative, provided it is received prior to the RFP submission deadline.
B. A proposal that is in the possession of the City may be withdrawn by the proposer up to the time of the deadline for submission of proposals.
5. AWARD AND AGREEMENT INFORMATION:
A. The City hereby notifies all proposers that it will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation, and that no proposer shall be discriminated against on the grounds of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.
B. The contractor agrees that should it be awarded an agreement, the contractor shall not discriminate against any person who performs work thereunder because of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.
C. The City reserves the right to reject any or all proposals and to waive any irregularities if deemed in the best interest of the City to do so. The City will select the contractor whose proposal is determined by the City to be the most responsive and responsible proposal. The City will be the sole judge in making such a determination.
D. The successful contractor will be required to enter into and sign an agreement with the City which will be in effect for the duration of the agreement period.
A sample agreement is attached to this RFP as Attachment C.
E. The terms and conditions of this RFP as well as the contractor's proposal, and any modifications to said proposal agreed to in writing by both parties shall become a part of the agreement.
F. Prior to final selections, contractors shall be required to submit any additional information that the City deems necessary to determine the contractor's qualifications.
G. Open Procurement
a. The contractor shall include any latitudes, prohibitions or limitations placed on the purchase of the items presented in the contractor's proposal. Items and/or services that the contractor intends to be offered on a unit prices basis must be so identified. The City's objective is to clarify all purchase options.
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b. The City reserves the right to negotiate changes to the original proposal(s), including changes in system cost and/or unit price. c. The City reserves the right to accept or reject any or all proposals in whole or in part.
d. The City reserves the right to award an agreement to more than one contractor.
6. BACKGROUND INFORMATION:
Founded in 1872, Hollister is located in San Benito County and is the County seat. Geographically, Hollister is just northeast of Salinas between Gilroy and Pinnacles National Park along California State Highways 156 and 25. The City is governed by City Council/Manager (Mayor at Large and 4-member City Council). The City is in need of architectural services from time to time and desires to contract with a contractor for these services.
7. SCOPE OF WORK:
See attachment “D”
8. EXPECTATIONS OF THE CONTRACTOR:
The City of Hollister Public Works Department is seeking professional Architectural services for mid-size projects with a focus on renovations and modifications to existing facilities, including but not limited to: office buildings, maintenance buildings, and site work. In addition, the City is seeking Architectural services specializing in the preservation and rehabilitation of California’s historic structures and fully versed in the State of California’s Historical Building Code and their implications on individual projects. Proposals will be considered only from Contractors who can demonstrate the following minimum qualifications:
1. Consulting firm is licensed to practice architecture in the State of California, and is able to effectively provide the required professional services.
2. The individual or individuals or sub-contractors who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.
3. Contractor and staff shall be knowledgeable of all applicable building codes and the American with Disabilities Act.
4. Experience in building conservation, historic preservation, sustainability, and the interrelationship between older structures and community context.
5. Familiarity with transition Plans, and federal, state and local laws, as applicable.
6. Firms shall be able to meet the schedule set by the City of Hollister Public Works Department.
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9. PROPOSAL FORMAT AND CONTENT:
Proposals submitted in response to this RFP shall contain minimal general brochure-type information and shall be a maximum of 10 two-sided, 8.5 by 11 inch sheets. The Attachments contained in this RFP, table of contents, and tabs are not counted toward the page maximum. The minimum acceptable font size for the proposal is 11 point. The five (5) proposal hard copies shall be included in one separate sealed envelope. The digital copy shall be included in the sealed envelope on a USB drive.
In order to facilitate the evaluation of the proposals, contractors should format their proposals using the following sections:
A. STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE) - ATTACHMENT A
Fill out and include Attachment A found in the RFP
B. EXECUTIVE SUMMARY A brief summary of the key characteristics of the proposal is required.
C. CONTRACTORS BACKGROUND INFORMATION Background information should describe in general the firm's history and its experience in the various types of services provided. Contractor should also provide information on the financial strength of the firm.
List contracts terminated (partially or completely) by clients for convenience or default within the past three years. Include contract value, description of work, sponsoring organization, contract number, name of inspector, and name and telephone number of contracting entity.
D. CONTRACT UNDERSTANDING Provide specific and detailed information and methods on how the work will be completed to fulfill the requirements of the RFP.
Include a schedule and any relevant information related to this RFP that makes the firm the most qualified.
E. CONTRACTOR EXPERIENCE Provide specific information on the firm's experience, particularly in projects similar to this RFP. List and describe at least two similar projects completed by the firm within the past ten years.
F. PROJECT STAFF Identify the Project Manager and specific staff on the project team that are being proposed. For all project team members, describe specific services they will perform, and illustrate clearly the applicability of the individual's background, education, and experience to his or her assigned role. Provide resumes for the Project Manager and personnel.
G. SUB CONTRACTORS Identify any and all sub-contractors proposed to serve on the project, with background information and particular experience of key personnel, including past projects and resumes. Show the key personnel in the organization chart.
H. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) Describe how quality assurance and quality control will be provided for the project. Identify the individuals that will be involved in QA/QC services and at what milestones they will be provided.
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applied to the project. Provide information on your plan to manage the schedule and budget and provide updates to the City.
I. EXCEPTIONS Please include a statement regarding exceptions to the sample contract.
If no exceptions are included, the City will expect the Contractor will be able to sign the City's contract and provide the required insurance and indemnification.
10. FORMAT OF COST PROPOSAL:
The contractor must include a standard cost per position, per hour for services. Subsequent task orders will be issued against the annual contract amount after receiving a proposal for each desired project design using the submitted cost sheet.
The City shall be the sole arbiter in the determination of equality. The City reserves the right to reject any proposals and to accept the proposal or proposals which in its sole and absolute judgment shall, under all circumstances, best serve the interests of the City.
11. SELECTION PROCESS, CRITERIA AND SCORING:
The City will have a Selection Committee for the evaluation of proposals. The selection of a contractor and subsequent award will be based on the criteria contained in this RFP, and as demonstrated in the submitted proposal. Contractors should submit information sufficient for the City to easily evaluate proposals with respect to the selection criteria. The absence of required information shall cause the proposal to be deemed non-responsive and shall be cause for rejection.
All proposals received in accordance with this RFP will be evaluated using the following criteria.
Score X Weight = Rating
1. Company’s Experience with
architectural design varying in degree
of size/complexity. ____ .40 ____
2. Completeness/Quality of RFP
submittal. ____ .25 ____
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3. Company’s available resources to
complete tasks/projects. ____ .20 ____
4. Pricing ____ .15 ____
SCORE:
0 = Non-Responsive
1 = Poor
2 = Fair
3 = Average (Included only minimum of what was asked for on subject criteria) 4 = Good
5 = Excellent
• Do not attempt to contact any Selection Committee Member, staff member or person other than William Via with questions relating to this project. Anyone attempting to lobby City of Hollister representatives may be disqualified.
• Recommendation of award will be provided on bidnet direct once award is made at https://www.bidnetdirect.com/california/cityofhollister . The award will be based on the proposal that is most advantageous to the City. All Selection Committee recommendations are subject to City Council approval.
12. AGREEMENT
A. Time is of the essence in awarding the agreement. The City reserves the right to cancel any intent to award and proceed to the next contractor if the selected contractor has not signed the agreement within two (2) weeks after the notification of intent to award.
B. Execution of Contract
a. Upon the acceptance of a contractor's proposal, the City will prepare and submit an agreement to the successful contractor for signature. (See sample agreement, as Attachment C, which contains required contractual language.) In the event that the successful contractor fails, neglects, or refuses to execute the agreement within two (2) weeks after receiving a copy of the agreement from the City, City may, at its option, terminate and cancel its action in awarding the agreement and the agreement shall become null and void and of no effect.
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b. Incorporated by reference into the agreement which is to be entered into by the City and the successful contractor pursuant to this proposal will be (a) all of the information presented in or with this proposal, including any addendums, and the contractor's response thereto, and (b) all written communications between the City and the successful contractor whose proposal is accepted.
C. No Assignment. Assignment by the successful contractor to any third party of any agreement based on the proposal or any monies due shall be absolutely prohibited and will not be recognized by the City unless approved in advance by the City in writing.
D. Force Majeure Neither party shall be liable to the other for any failure or delay in rendering performance arising out of causes beyond its control and without its fault or negligence. Such causes may include, but not be limited to, acts of nature or the public enemy, freight embargoes, and unusually severe weather; but the failure or delay must be beyond its control and without its fault or negligence. Dates or times of performance will be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay.
13. REJECTION OF PROPOSALS:
The RFP does not commit the City to award an agreement, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies.
The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel the RFP in part or in its entirety, if it is in the best interest of the City to do so. The City may require the proposer selected to participate in negotiations, and to submit such proposal as may result from negotiation.
Any proposal submitted during this RFP process becomes the property of the City. The City will not be liable for nor pay costs incurred by the respondent in the preparation of a response to this RFP or any other costs involved including travel.
14. GENERAL CONDITIONS:
While the intent of the City is to award the agreement to the selected contractor, it reserves the right to both either withdraw and/or not award an agreement at any time it so desires. Costs incurred in the preparation of response to this RFP will not be reimbursed.
Limitations
A. The contractor should expect to have access only to the public records and public files of local government agencies in preparing the proposal or reports.
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of data, definition or opinion, etc., unless volunteered by a responsible official of that agency.
B. The City has the authority to terminate the agreement upon written notice to the contractor at any time during the period of the project if the City finds that the contractor's performance is not satisfactory.
15. LIST OF ATTACHMENTS:
Attachment A - Proposal Summary and Statement of Responsibility (signature page) Attachment B - Certificate of Non-collusion
Attachment C - Sample Agreement for Professional Services Attachment D – Scope of Work
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ATTACHMENT A
STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)
This Statement of Responsibility (Signature Page) shall be included with your submittal in order to validate your proposal. Proposals submitted without this page will be deemed non-- responsive.
Contractor Authorized Representative
Company Name: Date:
Representative:
Title:
Phone:
Address:
Federal Tax ID:
RFP Contact Information (if different than above)
Contact Person:
Title:
Phone:
Email Address:
Certifications:
1. Do you agree to comply with specifications, RFP instructions, draft contract requirements and other pertinent references contained in this RFP? □ YES □ NO
2. Do you agree that the proposal will stand firm and will not be withdrawn for a period of 120 days after the proposal is opened?
□ YES □ NO
3. Do you certify that all statements in the proposal are true? This shall constitute a warranty, which if falsified, shall entitle the City to pursue any remedy authorized by A.19.b
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law, and shall include the right, at the option of the City, of declaring any agreement made as a result thereof to be void.
□ YES □ NO
4. Do you agree to provide the City with any other information the City determines is necessary for accurate determination of your qualifications to provide services? □ YES □ NO
5. Do you agree that the proposal amount includes all costs incident to the proposed contract?
□ YES □ NO
To the best of my knowledge and belief, the information provided in this initial determi nation of responsibilities is true and correct.
Authorized Representative:
(printed name)
Signature:
Date:
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ATTACHMENT B
CERTIFICATE OF NON-COLLUSION
The undersigned certifies, under penalty of perjury, that this proposal has been made in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.
Name of Proposer
Signature of Authorized Representative
Date
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ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEEMENT
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Architectural Services
THIS AGREEMENT, made and entered into this ____ day of ________, 2024, by and between the City of Hollister, California, a municipal corporation, ("City,") and _____________, (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Architectural Services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
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8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:
9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.
9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.
9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.
9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)
(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.
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(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.
Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon A.19.b
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receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon the date of this Agreement, and shall terminate after five (5) years. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
William Via, Public Works Director
City of Hollister
1321 South Street
Hollister, California 95023
b. To Contractor:
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF HOLLISTER:
Name, Title Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
Contractor shall provide the following services:
1. Provide on-call building architectural design services for a period of five (5) years on an as needed basis.
2. Provide on-call landscape architectural design services for a period of five (5) years on an as needed basis.
COMPLETION SCHEDULE
Contractor shall complete assigned tasks at the time determined by each individual task order, to be agreed upon at the time of the issuance of each task order.
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On Call Architecture Services
EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $500,000 each year for a term of five (5) years. Each project proposal shall be issued a task order for specific projects and amounts against the total contract amount per year.
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On Call Architecture Services
EXHIBIT "C"
PROJECT STAFF
NAME TITLE
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On Call Architecture Services
EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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On Call Architecture Services
ATTACHMENT D
SCOPE OF SERVICES
A general scope of work is as follows:
A. On-call building Architectural design
B. On-call landscape Architectural design
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CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Landscape Architectural Services
THIS AGREEMENT, made and entered into this ____ day of ________, 2024, by and between the City of Hollister, California, a municipal corporation, ("City,") and Verde Design Inc., (“Contractor”).
1.Description of Project: City desires to retain a contractor to provide On-call Architectural Services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2.Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3.Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4.Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5.Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION" as determined by the rates listed in ATTACHMENT “A”. Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
5.1 Contractor shall be entitled to an increase in the rates listed in ATTACHMENT “A” on each anniversary of the agreement at a rate determined using the U.S. Bureau of Labor Statistics San Francisco-Oakland-San Jose, CA Consumer Price Index (CPI) for the month of April. If the CPI is greater than the last published CPI of the previous year, the costs will be increased proportional to the percent change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same. The maximum increase in the rates in any contract year may not exceed 3.5%. The increase shall take effect on the first day of the month following the anniversary date.
6.Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7.Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
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7.3 Examine all studies, reports, specifications, proposals, and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
8.Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9.Insurance: Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work b y the Contractor, his agents, representatives, employees or subcontractors. The minimum scope and limit of insurance is contained in EXHIBIT “E”.
10.Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11.Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12.Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13.Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.
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Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14.Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15.Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16.Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein and shall be the persons primarily in charge of such work.
17.Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18.Term; Termination: The term of this Agreement shall commence upon the date of this Agreement and shall terminate after five (5) years. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19.Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
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20.Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21.Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
22.Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23.Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24.Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25.Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26.Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
27.Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a.To City:
William Via, Public Works Director
City of Hollister
1321 South Street
Hollister, California 95023
b.To Contractor:
Derek McKee
Verde Design Inc.
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2455 The Alameda
Santa Clara, California 95050
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF HOLLISTER:
Name, Title Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
Contractor shall provide the following services:
1. Provide on-call landscape architectural design services for a period of five (5) years on an as needed basis.
COMPLETION SCHEDULE
Contractor shall complete assigned tasks at the time determined by each individual task order, to be agreed upon at the time of the issuance of each task order.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $500,000 each year for a term of five (5) years. Each project proposal shall be issued a task order, for specific projects and amounts, against the total contract amount per year.
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EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Only main contact and key staff needed)
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EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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EXHIBIT “E”
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance A.19.c
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and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Contractor and job – it could be much higher, or in the case of a very small Contractor, you might want it lower] unless approved in writing by Entity. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Entity may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Entity reserves the right to obtain a copy of any policies and endorsements for verification.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Entity before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 15, 2024
SUBMITTED: April 2, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Public Works
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2024-57, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AGREEMENT FOR ON-
CALL ARCHITECTURAL DESIGN SERVICES TO ELS ARCHITECTURE AND
URBAN DESIGN AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AGREEMENT
BRIEF DESCRIPTION: The City issued a Request for Proposals (RFP) on December 22, 2023, for on-call architectural services and received nine (9) qualified proposals.
After careful review by a reviewing committee, the Public Works Department recommends awarding a contract to ELS Architecture and Urban Design.
RECOMMENDATION: Adopt resolution authorizing the City Manager to enter into an agreement with ELS Architecture and Urban Design for on-call architectural design services.
DEPARTMENT SUMMARY: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call architectural design services. The RFP was posted on Bidnetdirect.com and resulted in nine (9) responsive and responsible proposals being submitted.
FIRM SELECTION.
A review committee was formed to evaluate and score each proposal using a scoring sheet identified in the RFP. This committee consisted of the City Clerk, the Environmental Programs Manager, an Assistant Engineer, and the Public Works Director.
The scores were weighted for experience (40%), completeness and quality of RFP (25%), available resources of company (20%), and price (15%). Each category was eligible for five points, which were then multiplied by the weight given to that category, and a final score was given. The scores for each category were then added together for a final score for each respondent. Each review committee member scored each respondent, and the scores were then added together and divided by the number of scorers to produce an average. ELS Architecture and Urban Design (ELS) received the highest average score, which was 4.4375 of a possible 5.0.
SERVICES.
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ELS will provide on-call architectural design services for the City on an as needed basis for the next five years. For each project, a task order will be signed and given to the contractor with costs and timelines included in the task order.
FINANCIAL IMPACT: The agreement is for an amount not-to-exceed $500,000 and there is no guarantee a task order will be assigned to the contractor.
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. On-call Architect Appropriation
2. On-call Architectural RFP 4877-2844-0216 1 Final PUBLISHED
3. ELS Architecture & Urban Design Professinal Services Agreement DRAFT
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2024-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AN AGREEMENT FOR ON-CALL ARCHITECTURAL DESIGN
SERVICES TO ELS ARCHITECTURE AND URBAN DESIGN AND AUTHORIZING
THE CITY MANAGER TO SIGN THE AGREEMENT
WHEREAS, the City desires to have on-call architectural design services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, the City received nine (9) qualified responses and, following an evaluation of their qualifications, selected ELS Architecture and Urban Design to provide the desired services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister awards a contract for On-call Architectural Services to ELS Architecture and Urban Design and authorizes the City Manager to sign a five (5) year agreement for these services.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of April, 2024, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-57, 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 15th day of April, 2024, 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, 2024.
Jennifer Woodworth, 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)
Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease General Fund
Consulting/Architectural Servi 660 9000 740504 500,000
Fund Balance 660 300101 500,000
Total 500,000 500,000
Explanation of Transaction:
Supplemental Appropriation for On-call Architectural Services.
Prepared by William Via Date 4-2-2024
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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City of Hollister
REQUEST FOR PROPOSAL
ON-CALL ARCHITECTURAL SERVICES
December 2023
Proposal Due: January 30, 2024, by 3:00 p.m.
Late proposals will not be accepted and will be returned unopened
RETURN PROPOSAL TO:
City of Hollister
375 Fifth Street
Hollister, CA 95023
Attn: City Clerk
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On Call Architecture Services
1. SCHEDULE OF ACTIVITIES:
RFP Release: 12/22/2023
Written Inquiry Deadline: 01/16/2024 @ 5:00 p.m.
Submission Deadline: 01/30/2024 @ 3:00 p.m.1
Interviews (if required): Week of February 19, 2024 (tentative) City Council Approval: 03/18/2024 (tentative)
2. PRE-SUBMITTAL INQUIRIES AND POINT OF CONTACT:
A. Pre-Submittal technical and procedural inquiries shall be directed to William Via at https://www.bidnetdirect.com/california/cityofhollister B. Answers to all inquiries will be posted on bidnet direct.
C. Inquiries that result in an addendum to the Request for Proposal (“RFP”) will be uploaded to bidnet direct. It is the responsibility of the contractor to check the website for any addendum. Contractors must include in their proposal an acknowledgement of receipt of any and all addenda issued. Please visit our bidnet website at: https://www.bidnetdirect.com/california/cityofhollister to check for addendums.
3. PROPOSAL SUBMISSION GUIDELINES:
A. Contractors must submit five (5) hard copies of their proposal, one with an original signature and one digital copy (PDF format). The proposal must be formatted in accordance with the instructions of this RFP. Proposals must be enclosed in a sealed envelope or package, clearly marked: "ON-CALL ARCHITECTURE SERVICES, RFP" and delivered to the City Clerk at 375 Fifth Street, Hollister, CA 95023 by the submission deadline.
B. Proposals received after the date and time specified shall not be considered.
Facsimile, telephone, or verbal proposals will not be accepted.
C. Proposers are expected to examine all provisions, specifications, and instructions included in this RFP, and all addendum on the City’s bidnetdirect website. Failure to do so will be at the proposer's risk.
D. All proposals shall be dated and signed by a representative authorized to enter into agreements for the proposing contractor.
1 Late submittals will not be accepted and will be returned unopened.
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On Call Architecture Services
E. All proposals shall remain in effect and legally binding for a minimum of one hundred and twenty (120) days from the opening date.
F. Expenses incurred in preparation of the proposal, site visits, or any other actions related to responding to this RFP shall be the responsibility of the contractor. Any and all damages that may occur due to packaging or shipping of the proposal will be the sole responsibility of the contractor.
G. All proposals, response inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits and other documentation submitted by contractor shall become the property of the City.
H. Stated days shall be interpreted as calendar days. Contractor must exami ne all information and materials contained in and accompanyi ng its proposal.
Failure to do so will be at the contractor's risk. This includes, but is not limited to, all relevant laws and regulations of the State of California and the United States Government.
I. Upon submittal of a proposal to the City, the proposal becomes the property of the City and is subject to the Public Records Act.
a. Unless otherwise compelled by a court order the City will not disclose any proposal whi le the City conducts its deliberative process in accordance with the procedures identified in this RFP.
However, after the City either awards an agreement to a successful Contractor, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 7920.000, et seq.), unless there is a legal excepti on to public disclosure.
b. If a contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, the Contractor shall: (1) clearly mark the relevant portions of its proposal "Confidential'; and (2) upon request from the City identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Contractor shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the qualifications submittal.
4. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:
A. A proposal that is in the possession of the City shall only be altered by letter or email addressed to William Via at [email protected], bearing the A.20.b
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signature of the contractor's authorized representative, provided it is received prior to the RFP submission deadline.
B. A proposal that is in the possession of the City may be withdrawn by the proposer up to the time of the deadline for submission of proposals.
5. AWARD AND AGREEMENT INFORMATION:
A. The City hereby notifies all proposers that it will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation, and that no proposer shall be discriminated against on the grounds of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.
B. The contractor agrees that should it be awarded an agreement, the contractor shall not discriminate against any person who performs work thereunder because of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.
C. The City reserves the right to reject any or all proposals and to waive any irregularities if deemed in the best interest of the City to do so. The City will select the contractor whose proposal is determined by the City to be the most responsive and responsible proposal. The City will be the sole judge in making such a determination.
D. The successful contractor will be required to enter into and sign an agreement with the City which will be in effect for the duration of the agreement period.
A sample agreement is attached to this RFP as Attachment C.
E. The terms and conditions of this RFP as well as the contractor's proposal, and any modifications to said proposal agreed to in writing by both parties shall become a part of the agreement.
F. Prior to final selections, contractors shall be required to submit any additional information that the City deems necessary to determine the contractor's qualifications.
G. Open Procurement
a. The contractor shall include any latitudes, prohibitions or limitations placed on the purchase of the items presented in the contractor's proposal. Items and/or services that the contractor intends to be offered on a unit prices basis must be so identified. The City's objective is to clarify all purchase options.
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b. The City reserves the right to negotiate changes to the original proposal(s), including changes in system cost and/or unit price. c. The City reserves the right to accept or reject any or all proposals in whole or in part.
d. The City reserves the right to award an agreement to more than one contractor.
6. BACKGROUND INFORMATION:
Founded in 1872, Hollister is located in San Benito County and is the County seat. Geographically, Hollister is just northeast of Salinas between Gilroy and Pinnacles National Park along California State Highways 156 and 25. The City is governed by City Council/Manager (Mayor at Large and 4-member City Council). The City is in need of architectural services from time to time and desires to contract with a contractor for these services.
7. SCOPE OF WORK:
See attachment “D”
8. EXPECTATIONS OF THE CONTRACTOR:
The City of Hollister Public Works Department is seeking professional Architectural services for mid-size projects with a focus on renovations and modifications to existing facilities, including but not limited to: office buildings, maintenance buildings, and site work. In addition, the City is seeking Architectural services specializing in the preservation and rehabilitation of California’s historic structures and fully versed in the State of California’s Historical Building Code and their implications on individual projects. Proposals will be considered only from Contractors who can demonstrate the following minimum qualifications:
1. Consulting firm is licensed to practice architecture in the State of California, and is able to effectively provide the required professional services.
2. The individual or individuals or sub-contractors who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.
3. Contractor and staff shall be knowledgeable of all applicable building codes and the American with Disabilities Act.
4. Experience in building conservation, historic preservation, sustainability, and the interrelationship between older structures and community context.
5. Familiarity with transition Plans, and federal, state and local laws, as applicable.
6. Firms shall be able to meet the schedule set by the City of Hollister Public Works Department.
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9. PROPOSAL FORMAT AND CONTENT:
Proposals submitted in response to this RFP shall contain minimal general brochure-type information and shall be a maximum of 10 two-sided, 8.5 by 11 inch sheets. The Attachments contained in this RFP, table of contents, and tabs are not counted toward the page maximum. The minimum acceptable font size for the proposal is 11 point. The five (5) proposal hard copies shall be included in one separate sealed envelope. The digital copy shall be included in the sealed envelope on a USB drive.
In order to facilitate the evaluation of the proposals, contractors should format their proposals using the following sections:
A. STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE) - ATTACHMENT A
Fill out and include Attachment A found in the RFP
B. EXECUTIVE SUMMARY A brief summary of the key characteristics of the proposal is required.
C. CONTRACTORS BACKGROUND INFORMATION Background information should describe in general the firm's history and its experience in the various types of services provided. Contractor should also provide information on the financial strength of the firm.
List contracts terminated (partially or completely) by clients for convenience or default within the past three years. Include contract value, description of work, sponsoring organization, contract number, name of inspector, and name and telephone number of contracting entity.
D. CONTRACT UNDERSTANDING Provide specific and detailed information and methods on how the work will be completed to fulfill the requirements of the RFP.
Include a schedule and any relevant information related to this RFP that makes the firm the most qualified.
E. CONTRACTOR EXPERIENCE Provide specific information on the firm's experience, particularly in projects similar to this RFP. List and describe at least two similar projects completed by the firm within the past ten years.
F. PROJECT STAFF Identify the Project Manager and specific staff on the project team that are being proposed. For all project team members, describe specific services they will perform, and illustrate clearly the applicability of the individual's background, education, and experience to his or her assigned role. Provide resumes for the Project Manager and personnel.
G. SUB CONTRACTORS Identify any and all sub-contractors proposed to serve on the project, with background information and particular experience of key personnel, including past projects and resumes. Show the key personnel in the organization chart.
H. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) Describe how quality assurance and quality control will be provided for the project. Identify the individuals that will be involved in QA/QC services and at what milestones they will be provided.
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applied to the project. Provide information on your plan to manage the schedule and budget and provide updates to the City.
I. EXCEPTIONS Please include a statement regarding exceptions to the sample contract.
If no exceptions are included, the City will expect the Contractor will be able to sign the City's contract and provide the required insurance and indemnification.
10. FORMAT OF COST PROPOSAL:
The contractor must include a standard cost per position, per hour for services. Subsequent task orders will be issued against the annual contract amount after receiving a proposal for each desired project design using the submitted cost sheet.
The City shall be the sole arbiter in the determination of equality. The City reserves the right to reject any proposals and to accept the proposal or proposals which in its sole and absolute judgment shall, under all circumstances, best serve the interests of the City.
11. SELECTION PROCESS, CRITERIA AND SCORING:
The City will have a Selection Committee for the evaluation of proposals. The selection of a contractor and subsequent award will be based on the criteria contained in this RFP, and as demonstrated in the submitted proposal. Contractors should submit information sufficient for the City to easily evaluate proposals with respect to the selection criteria. The absence of required information shall cause the proposal to be deemed non-responsive and shall be cause for rejection.
All proposals received in accordance with this RFP will be evaluated using the following criteria.
Score X Weight = Rating
1. Company’s Experience with
architectural design varying in degree
of size/complexity. ____ .40 ____
2. Completeness/Quality of RFP
submittal. ____ .25 ____
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3. Company’s available resources to
complete tasks/projects. ____ .20 ____
4. Pricing ____ .15 ____
SCORE:
0 = Non-Responsive
1 = Poor
2 = Fair
3 = Average (Included only minimum of what was asked for on subject criteria) 4 = Good
5 = Excellent
• Do not attempt to contact any Selection Committee Member, staff member or person other than William Via with questions relating to this project. Anyone attempting to lobby City of Hollister representatives may be disqualified.
• Recommendation of award will be provided on bidnet direct once award is made at https://www.bidnetdirect.com/california/cityofhollister . The award will be based on the proposal that is most advantageous to the City. All Selection Committee recommendations are subject to City Council approval.
12. AGREEMENT
A. Time is of the essence in awarding the agreement. The City reserves the right to cancel any intent to award and proceed to the next contractor if the selected contractor has not signed the agreement within two (2) weeks after the notification of intent to award.
B. Execution of Contract
a. Upon the acceptance of a contractor's proposal, the City will prepare and submit an agreement to the successful contractor for signature. (See sample agreement, as Attachment C, which contains required contractual language.) In the event that the successful contractor fails, neglects, or refuses to execute the agreement within two (2) weeks after receiving a copy of the agreement from the City, City may, at its option, terminate and cancel its action in awarding the agreement and the agreement shall become null and void and of no effect.
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b. Incorporated by reference into the agreement which is to be entered into by the City and the successful contractor pursuant to this proposal will be (a) all of the information presented in or with this proposal, including any addendums, and the contractor's response thereto, and (b) all written communications between the City and the successful contractor whose proposal is accepted.
C. No Assignment. Assignment by the successful contractor to any third party of any agreement based on the proposal or any monies due shall be absolutely prohibited and will not be recognized by the City unless approved in advance by the City in writing.
D. Force Majeure Neither party shall be liable to the other for any failure or delay in rendering performance arising out of causes beyond its control and without its fault or negligence. Such causes may include, but not be limited to, acts of nature or the public enemy, freight embargoes, and unusually severe weather; but the failure or delay must be beyond its control and without its fault or negligence. Dates or times of performance will be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay.
13. REJECTION OF PROPOSALS:
The RFP does not commit the City to award an agreement, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies.
The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel the RFP in part or in its entirety, if it is in the best interest of the City to do so. The City may require the proposer selected to participate in negotiations, and to submit such proposal as may result from negotiation.
Any proposal submitted during this RFP process becomes the property of the City. The City will not be liable for nor pay costs incurred by the respondent in the preparation of a response to this RFP or any other costs involved including travel.
14. GENERAL CONDITIONS:
While the intent of the City is to award the agreement to the selected contractor, it reserves the right to both either withdraw and/or not award an agreement at any time it so desires. Costs incurred in the preparation of response to this RFP will not be reimbursed.
Limitations
A. The contractor should expect to have access only to the public records and public files of local government agencies in preparing the proposal or reports.
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of data, definition or opinion, etc., unless volunteered by a responsible official of that agency.
B. The City has the authority to terminate the agreement upon written notice to the contractor at any time during the period of the project if the City finds that the contractor's performance is not satisfactory.
15. LIST OF ATTACHMENTS:
Attachment A - Proposal Summary and Statement of Responsibility (signature page) Attachment B - Certificate of Non-collusion
Attachment C - Sample Agreement for Professional Services Attachment D – Scope of Work
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ATTACHMENT A
STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)
This Statement of Responsibility (Signature Page) shall be included with your submittal in order to validate your proposal. Proposals submitted without this page will be deemed non-- responsive.
Contractor Authorized Representative
Company Name: Date:
Representative:
Title:
Phone:
Address:
Federal Tax ID:
RFP Contact Information (if different than above)
Contact Person:
Title:
Phone:
Email Address:
Certifications:
1. Do you agree to comply with specifications, RFP instructions, draft contract requirements and other pertinent references contained in this RFP? □ YES □ NO
2. Do you agree that the proposal will stand firm and will not be withdrawn for a period of 120 days after the proposal is opened?
□ YES □ NO
3. Do you certify that all statements in the proposal are true? This shall constitute a warranty, which if falsified, shall entitle the City to pursue any remedy authorized by A.20.b
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law, and shall include the right, at the option of the City, of declaring any agreement made as a result thereof to be void.
□ YES □ NO
4. Do you agree to provide the City with any other information the City determines is necessary for accurate determination of your qualifications to provide services? □ YES □ NO
5. Do you agree that the proposal amount includes all costs incident to the proposed contract?
□ YES □ NO
To the best of my knowledge and belief, the information provided in this initial determi nation of responsibilities is true and correct.
Authorized Representative:
(printed name)
Signature:
Date:
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ATTACHMENT B
CERTIFICATE OF NON-COLLUSION
The undersigned certifies, under penalty of perjury, that this proposal has been made in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.
Name of Proposer
Signature of Authorized Representative
Date
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ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEEMENT
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Architectural Services
THIS AGREEMENT, made and entered into this ____ day of ________, 2024, by and between the City of Hollister, California, a municipal corporation, ("City,") and _____________, (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Architectural Services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
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8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:
9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.
9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.
9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.
9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)
(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.
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(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.
Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon A.20.b
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receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon the date of this Agreement, and shall terminate after five (5) years. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
William Via, Public Works Director
City of Hollister
1321 South Street
Hollister, California 95023
b. To Contractor:
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF HOLLISTER:
Name, Title Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
Contractor shall provide the following services:
1. Provide on-call building architectural design services for a period of five (5) years on an as needed basis.
2. Provide on-call landscape architectural design services for a period of five (5) years on an as needed basis.
COMPLETION SCHEDULE
Contractor shall complete assigned tasks at the time determined by each individual task order, to be agreed upon at the time of the issuance of each task order.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $500,000 each year for a term of five (5) years. Each project proposal shall be issued a task order for specific projects and amounts against the total contract amount per year.
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EXHIBIT "C"
PROJECT STAFF
NAME TITLE
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EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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ATTACHMENT D
SCOPE OF SERVICES
A general scope of work is as follows:
A. On-call building Architectural design
B. On-call landscape Architectural design
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CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Architectural Services
THIS AGREEMENT, made and entered into this ____ day of ________, 202 4, by and between the City of Hollister, California, a municipal corporation, ("City,") and ELS Architecture and Urban Design, (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Architectural Services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION" as determined by the rates listed in ATTACHMENT “A”. Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
5.1 Contractor shall be entitled to an increase in the rates listed in ATTACHMENT “A” on each anniversary of the agreement at a rate determined using the U.S. Bureau of Labor Statistics San Francisco-Oakland-San Jose, CA Consumer Price Index (CPI) for the month of April. If the CPI is greater than the last published CPI of the previous year, the costs will be increased proportional to the percent change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same. The maximum increase in the rates in any contract year may not exceed 3.5%. The increase shall take effect on the first day of the month following the anniversary date.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
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7.3 Examine all studies, reports, specifications, proposals, and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work b y the Contractor, his agents, representatives, employees or subcontractors. The minimum scope and limit of insurance is contained in EXHIBIT “E”.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.
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Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon the date of this Agreement and shall terminate after five (5) years. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
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20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
William Via, Public Works Director
City of Hollister
1321 South Street
Hollister, California 95023
b. To Contractor:
David Masenten
ELS Architecture and Urban Design
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2040 Addison Street
Berkeley, California 94704
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF HOLLISTER:
David Masenten, Principal Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
Contractor shall provide the following services:
1. Provide on-call architectural design services for a period of five (5) years on an as needed basis.
2. Provide on-call landscape architectural design services for a period of five (5) years on an as needed basis.
COMPLETION SCHEDULE
Contractor shall complete assigned tasks at the time determined by each individual task order, to be agreed upon at the time of the issuance of each task order.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $500,000 each year for a term of five (5) years. Each project proposal shall be issued a task order, for specific projects and amounts, against the total contract amount per year.
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EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Only main contact and key staff needed)
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EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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EXHIBIT “E”
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance A.20.c
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and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Contractor and job – it could be much higher, or in the case of a very small Contractor, you might want it lower] unless approved in writing by Entity. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Entity may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Entity reserves the right to obtain a copy of any policies and endorsements for verification.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Entity before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 15, 2024
SUBMITTED: April 2, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Public Works
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2024-58, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AGREEMENT FOR ON-
CALL ARCHITECTURAL DESIGN SERVICES TO WALD RUHNKE & DOST
ARCHITECTS LLC AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AGREEMENT
BRIEF DESCRIPTION: The City issued a Request for Proposals (RFP) on December 22, 2023, for on-call architectural services and received nine (9) qualified proposals.
After careful review by a reviewing committee, the Public Works Department recommends awarding a contract to Wald Ruhnke & Dost Architects LLC.
RECOMMENDATION: Adopt resolution authorizing the City Manager to enter into an agreement with Wald Ruhnke & Dost LLC for on-call architectural design services.
DEPARTMENT SUMMARY: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call architectural design services. The RFP was posted on Bidnetdirect.com and resulted in nine (9) responsive and responsible proposals being submitted.
FIRM SELECTION.
A review committee was formed to evaluate and score each proposal using a scoring sheet identified in the RFP. This committee consisted of the City Clerk, the Environmental Programs Manager, an Assistant Engineer, and the Public Works Director.
The scores were weighted for experience (40%), completeness and quality of RFP (25%), available resources of company (20%), and price (15%). Each category was eligible for five points, which were then multiplied by the weight given to that category, and a final score was given. The scores for each category were then added together for a final score for each respondent. Each review committee member scored each respondent, and the scores were then added together and divided by the number of scorers to produce an average. Wald Ruhnke & Dost Architects LLC (WR&D) received the third highest average score, which was 3.9375 of a possible 5.0.
SERVICES.
WR&D will provide on-call architectural design services for the City on an as needed basis for the next five years. For each project, a task order will be signed and given to the contractor with costs and timelines included in the task order.
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FINANCIAL IMPACT: The agreement is for an amount not-to-exceed $500,000 and there is no guarantee a task order will be assigned to the contractor.
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. On-call Architect Appropriation
2. On-call Architectural RFP 4877-2844-0216 1 Final PUBLISHED
3. WR&D Professional Services Agreement DRAFT
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2024-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AN AGREEMENT FOR ON-CALL ARCHITECTURAL DESIGN
SERVICES TO WALD RUHNKE & DOST ARCHITECTS LLC AND AUTHORIZING
THE CITY MANAGER TO SIGN THE AGREEMENT
WHEREAS, the City desires to have on-call architectural design services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, the City received nine (9) qualified responses and, following an evaluation of their qualifications, selected Wald Ruhnke & Dost Architects LLC to provide the desired services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister awards a contract for on-call architectural services to Wald Ruhnke & Dost Architects LLC and authorizes the City Manager to sign a five (5) year agreement for these services.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of April, 2024, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-58, 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 15th day of April, 2024, 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, 2024.
Jennifer Woodworth, 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)
Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease General Fund
Consulting/Architectural Servi 620 9000 740504 500,000
Fund Balance 620 300101 500,000
Total 500,000 500,000
Explanation of Transaction:
Supplemental Appropriation for On-call Architectural Services.
Prepared by William Via Date 4-2-2024
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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City of Hollister
REQUEST FOR PROPOSAL
ON-CALL ARCHITECTURAL SERVICES
December 2023
Proposal Due: January 30, 2024, by 3:00 p.m.
Late proposals will not be accepted and will be returned unopened
RETURN PROPOSAL TO:
City of Hollister
375 Fifth Street
Hollister, CA 95023
Attn: City Clerk
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On Call Architecture Services
1. SCHEDULE OF ACTIVITIES:
RFP Release: 12/22/2023
Written Inquiry Deadline: 01/16/2024 @ 5:00 p.m.
Submission Deadline: 01/30/2024 @ 3:00 p.m.1
Interviews (if required): Week of February 19, 2024 (tentative) City Council Approval: 03/18/2024 (tentative)
2. PRE-SUBMITTAL INQUIRIES AND POINT OF CONTACT:
A. Pre-Submittal technical and procedural inquiries shall be directed to William Via at https://www.bidnetdirect.com/california/cityofhollister B. Answers to all inquiries will be posted on bidnet direct.
C. Inquiries that result in an addendum to the Request for Proposal (“RFP”) will be uploaded to bidnet direct. It is the responsibility of the contractor to check the website for any addendum. Contractors must include in their proposal an acknowledgement of receipt of any and all addenda issued. Please visit our bidnet website at: https://www.bidnetdirect.com/california/cityofhollister to check for addendums.
3. PROPOSAL SUBMISSION GUIDELINES:
A. Contractors must submit five (5) hard copies of their proposal, one with an original signature and one digital copy (PDF format). The proposal must be formatted in accordance with the instructions of this RFP. Proposals must be enclosed in a sealed envelope or package, clearly marked: "ON-CALL ARCHITECTURE SERVICES, RFP" and delivered to the City Clerk at 375 Fifth Street, Hollister, CA 95023 by the submission deadline.
B. Proposals received after the date and time specified shall not be considered.
Facsimile, telephone, or verbal proposals will not be accepted.
C. Proposers are expected to examine all provisions, specifications, and instructions included in this RFP, and all addendum on the City’s bidnetdirect website. Failure to do so will be at the proposer's risk.
D. All proposals shall be dated and signed by a representative authorized to enter into agreements for the proposing contractor.
1 Late submittals will not be accepted and will be returned unopened.
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E. All proposals shall remain in effect and legally binding for a minimum of one hundred and twenty (120) days from the opening date.
F. Expenses incurred in preparation of the proposal, site visits, or any other actions related to responding to this RFP shall be the responsibility of the contractor. Any and all damages that may occur due to packaging or shipping of the proposal will be the sole responsibility of the contractor.
G. All proposals, response inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits and other documentation submitted by contractor shall become the property of the City.
H. Stated days shall be interpreted as calendar days. Contractor must exami ne all information and materials contained in and accompanyi ng its proposal.
Failure to do so will be at the contractor's risk. This includes, but is not limited to, all relevant laws and regulations of the State of California and the United States Government.
I. Upon submittal of a proposal to the City, the proposal becomes the property of the City and is subject to the Public Records Act.
a. Unless otherwise compelled by a court order the City will not disclose any proposal whi le the City conducts its deliberative process in accordance with the procedures identified in this RFP.
However, after the City either awards an agreement to a successful Contractor, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 7920.000, et seq.), unless there is a legal excepti on to public disclosure.
b. If a contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, the Contractor shall: (1) clearly mark the relevant portions of its proposal "Confidential'; and (2) upon request from the City identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Contractor shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the qualifications submittal.
4. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:
A. A proposal that is in the possession of the City shall only be altered by letter or email addressed to William Via at [email protected], bearing the A.21.b
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signature of the contractor's authorized representative, provided it is received prior to the RFP submission deadline.
B. A proposal that is in the possession of the City may be withdrawn by the proposer up to the time of the deadline for submission of proposals.
5. AWARD AND AGREEMENT INFORMATION:
A. The City hereby notifies all proposers that it will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation, and that no proposer shall be discriminated against on the grounds of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.
B. The contractor agrees that should it be awarded an agreement, the contractor shall not discriminate against any person who performs work thereunder because of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.
C. The City reserves the right to reject any or all proposals and to waive any irregularities if deemed in the best interest of the City to do so. The City will select the contractor whose proposal is determined by the City to be the most responsive and responsible proposal. The City will be the sole judge in making such a determination.
D. The successful contractor will be required to enter into and sign an agreement with the City which will be in effect for the duration of the agreement period.
A sample agreement is attached to this RFP as Attachment C.
E. The terms and conditions of this RFP as well as the contractor's proposal, and any modifications to said proposal agreed to in writing by both parties shall become a part of the agreement.
F. Prior to final selections, contractors shall be required to submit any additional information that the City deems necessary to determine the contractor's qualifications.
G. Open Procurement
a. The contractor shall include any latitudes, prohibitions or limitations placed on the purchase of the items presented in the contractor's proposal. Items and/or services that the contractor intends to be offered on a unit prices basis must be so identified. The City's objective is to clarify all purchase options.
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b. The City reserves the right to negotiate changes to the original proposal(s), including changes in system cost and/or unit price. c. The City reserves the right to accept or reject any or all proposals in whole or in part.
d. The City reserves the right to award an agreement to more than one contractor.
6. BACKGROUND INFORMATION:
Founded in 1872, Hollister is located in San Benito County and is the County seat. Geographically, Hollister is just northeast of Salinas between Gilroy and Pinnacles National Park along California State Highways 156 and 25. The City is governed by City Council/Manager (Mayor at Large and 4-member City Council). The City is in need of architectural services from time to time and desires to contract with a contractor for these services.
7. SCOPE OF WORK:
See attachment “D”
8. EXPECTATIONS OF THE CONTRACTOR:
The City of Hollister Public Works Department is seeking professional Architectural services for mid-size projects with a focus on renovations and modifications to existing facilities, including but not limited to: office buildings, maintenance buildings, and site work. In addition, the City is seeking Architectural services specializing in the preservation and rehabilitation of California’s historic structures and fully versed in the State of California’s Historical Building Code and their implications on individual projects. Proposals will be considered only from Contractors who can demonstrate the following minimum qualifications:
1. Consulting firm is licensed to practice architecture in the State of California, and is able to effectively provide the required professional services.
2. The individual or individuals or sub-contractors who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.
3. Contractor and staff shall be knowledgeable of all applicable building codes and the American with Disabilities Act.
4. Experience in building conservation, historic preservation, sustainability, and the interrelationship between older structures and community context.
5. Familiarity with transition Plans, and federal, state and local laws, as applicable.
6. Firms shall be able to meet the schedule set by the City of Hollister Public Works Department.
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9. PROPOSAL FORMAT AND CONTENT:
Proposals submitted in response to this RFP shall contain minimal general brochure-type information and shall be a maximum of 10 two-sided, 8.5 by 11 inch sheets. The Attachments contained in this RFP, table of contents, and tabs are not counted toward the page maximum. The minimum acceptable font size for the proposal is 11 point. The five (5) proposal hard copies shall be included in one separate sealed envelope. The digital copy shall be included in the sealed envelope on a USB drive.
In order to facilitate the evaluation of the proposals, contractors should format their proposals using the following sections:
A. STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE) - ATTACHMENT A
Fill out and include Attachment A found in the RFP
B. EXECUTIVE SUMMARY A brief summary of the key characteristics of the proposal is required.
C. CONTRACTORS BACKGROUND INFORMATION Background information should describe in general the firm's history and its experience in the various types of services provided. Contractor should also provide information on the financial strength of the firm.
List contracts terminated (partially or completely) by clients for convenience or default within the past three years. Include contract value, description of work, sponsoring organization, contract number, name of inspector, and name and telephone number of contracting entity.
D. CONTRACT UNDERSTANDING Provide specific and detailed information and methods on how the work will be completed to fulfill the requirements of the RFP.
Include a schedule and any relevant information related to this RFP that makes the firm the most qualified.
E. CONTRACTOR EXPERIENCE Provide specific information on the firm's experience, particularly in projects similar to this RFP. List and describe at least two similar projects completed by the firm within the past ten years.
F. PROJECT STAFF Identify the Project Manager and specific staff on the project team that are being proposed. For all project team members, describe specific services they will perform, and illustrate clearly the applicability of the individual's background, education, and experience to his or her assigned role. Provide resumes for the Project Manager and personnel.
G. SUB CONTRACTORS Identify any and all sub-contractors proposed to serve on the project, with background information and particular experience of key personnel, including past projects and resumes. Show the key personnel in the organization chart.
H. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) Describe how quality assurance and quality control will be provided for the project. Identify the individuals that will be involved in QA/QC services and at what milestones they will be provided.
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applied to the project. Provide information on your plan to manage the schedule and budget and provide updates to the City.
I. EXCEPTIONS Please include a statement regarding exceptions to the sample contract.
If no exceptions are included, the City will expect the Contractor will be able to sign the City's contract and provide the required insurance and indemnification.
10. FORMAT OF COST PROPOSAL:
The contractor must include a standard cost per position, per hour for services. Subsequent task orders will be issued against the annual contract amount after receiving a proposal for each desired project design using the submitted cost sheet.
The City shall be the sole arbiter in the determination of equality. The City reserves the right to reject any proposals and to accept the proposal or proposals which in its sole and absolute judgment shall, under all circumstances, best serve the interests of the City.
11. SELECTION PROCESS, CRITERIA AND SCORING:
The City will have a Selection Committee for the evaluation of proposals. The selection of a contractor and subsequent award will be based on the criteria contained in this RFP, and as demonstrated in the submitted proposal. Contractors should submit information sufficient for the City to easily evaluate proposals with respect to the selection criteria. The absence of required information shall cause the proposal to be deemed non-responsive and shall be cause for rejection.
All proposals received in accordance with this RFP will be evaluated using the following criteria.
Score X Weight = Rating
1. Company’s Experience with
architectural design varying in degree
of size/complexity. ____ .40 ____
2. Completeness/Quality of RFP
submittal. ____ .25 ____
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3. Company’s available resources to
complete tasks/projects. ____ .20 ____
4. Pricing ____ .15 ____
SCORE:
0 = Non-Responsive
1 = Poor
2 = Fair
3 = Average (Included only minimum of what was asked for on subject criteria) 4 = Good
5 = Excellent
• Do not attempt to contact any Selection Committee Member, staff member or person other than William Via with questions relating to this project. Anyone attempting to lobby City of Hollister representatives may be disqualified.
• Recommendation of award will be provided on bidnet direct once award is made at https://www.bidnetdirect.com/california/cityofhollister . The award will be based on the proposal that is most advantageous to the City. All Selection Committee recommendations are subject to City Council approval.
12. AGREEMENT
A. Time is of the essence in awarding the agreement. The City reserves the right to cancel any intent to award and proceed to the next contractor if the selected contractor has not signed the agreement within two (2) weeks after the notification of intent to award.
B. Execution of Contract
a. Upon the acceptance of a contractor's proposal, the City will prepare and submit an agreement to the successful contractor for signature. (See sample agreement, as Attachment C, which contains required contractual language.) In the event that the successful contractor fails, neglects, or refuses to execute the agreement within two (2) weeks after receiving a copy of the agreement from the City, City may, at its option, terminate and cancel its action in awarding the agreement and the agreement shall become null and void and of no effect.
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b. Incorporated by reference into the agreement which is to be entered into by the City and the successful contractor pursuant to this proposal will be (a) all of the information presented in or with this proposal, including any addendums, and the contractor's response thereto, and (b) all written communications between the City and the successful contractor whose proposal is accepted.
C. No Assignment. Assignment by the successful contractor to any third party of any agreement based on the proposal or any monies due shall be absolutely prohibited and will not be recognized by the City unless approved in advance by the City in writing.
D. Force Majeure Neither party shall be liable to the other for any failure or delay in rendering performance arising out of causes beyond its control and without its fault or negligence. Such causes may include, but not be limited to, acts of nature or the public enemy, freight embargoes, and unusually severe weather; but the failure or delay must be beyond its control and without its fault or negligence. Dates or times of performance will be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay.
13. REJECTION OF PROPOSALS:
The RFP does not commit the City to award an agreement, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies.
The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel the RFP in part or in its entirety, if it is in the best interest of the City to do so. The City may require the proposer selected to participate in negotiations, and to submit such proposal as may result from negotiation.
Any proposal submitted during this RFP process becomes the property of the City. The City will not be liable for nor pay costs incurred by the respondent in the preparation of a response to this RFP or any other costs involved including travel.
14. GENERAL CONDITIONS:
While the intent of the City is to award the agreement to the selected contractor, it reserves the right to both either withdraw and/or not award an agreement at any time it so desires. Costs incurred in the preparation of response to this RFP will not be reimbursed.
Limitations
A. The contractor should expect to have access only to the public records and public files of local government agencies in preparing the proposal or reports.
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of data, definition or opinion, etc., unless volunteered by a responsible official of that agency.
B. The City has the authority to terminate the agreement upon written notice to the contractor at any time during the period of the project if the City finds that the contractor's performance is not satisfactory.
15. LIST OF ATTACHMENTS:
Attachment A - Proposal Summary and Statement of Responsibility (signature page) Attachment B - Certificate of Non-collusion
Attachment C - Sample Agreement for Professional Services Attachment D – Scope of Work
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ATTACHMENT A
STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)
This Statement of Responsibility (Signature Page) shall be included with your submittal in order to validate your proposal. Proposals submitted without this page will be deemed non-- responsive.
Contractor Authorized Representative
Company Name: Date:
Representative:
Title:
Phone:
Address:
Federal Tax ID:
RFP Contact Information (if different than above)
Contact Person:
Title:
Phone:
Email Address:
Certifications:
1. Do you agree to comply with specifications, RFP instructions, draft contract requirements and other pertinent references contained in this RFP? □ YES □ NO
2. Do you agree that the proposal will stand firm and will not be withdrawn for a period of 120 days after the proposal is opened?
□ YES □ NO
3. Do you certify that all statements in the proposal are true? This shall constitute a warranty, which if falsified, shall entitle the City to pursue any remedy authorized by A.21.b
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law, and shall include the right, at the option of the City, of declaring any agreement made as a result thereof to be void.
□ YES □ NO
4. Do you agree to provide the City with any other information the City determines is necessary for accurate determination of your qualifications to provide services? □ YES □ NO
5. Do you agree that the proposal amount includes all costs incident to the proposed contract?
□ YES □ NO
To the best of my knowledge and belief, the information provided in this initial determi nation of responsibilities is true and correct.
Authorized Representative:
(printed name)
Signature:
Date:
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ATTACHMENT B
CERTIFICATE OF NON-COLLUSION
The undersigned certifies, under penalty of perjury, that this proposal has been made in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.
Name of Proposer
Signature of Authorized Representative
Date
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ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEEMENT
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Architectural Services
THIS AGREEMENT, made and entered into this ____ day of ________, 2024, by and between the City of Hollister, California, a municipal corporation, ("City,") and _____________, (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Architectural Services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
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8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:
9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.
9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.
9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.
9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)
(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.
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(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.
Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon A.21.b
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receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon the date of this Agreement, and shall terminate after five (5) years. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
William Via, Public Works Director
City of Hollister
1321 South Street
Hollister, California 95023
b. To Contractor:
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF HOLLISTER:
Name, Title Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
Contractor shall provide the following services:
1. Provide on-call building architectural design services for a period of five (5) years on an as needed basis.
2. Provide on-call landscape architectural design services for a period of five (5) years on an as needed basis.
COMPLETION SCHEDULE
Contractor shall complete assigned tasks at the time determined by each individual task order, to be agreed upon at the time of the issuance of each task order.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $500,000 each year for a term of five (5) years. Each project proposal shall be issued a task order for specific projects and amounts against the total contract amount per year.
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EXHIBIT "C"
PROJECT STAFF
NAME TITLE
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EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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ATTACHMENT D
SCOPE OF SERVICES
A general scope of work is as follows:
A. On-call building Architectural design
B. On-call landscape Architectural design
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CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Architectural Services
THIS AGREEMENT, made and entered into this ____ day of ________, 202 4, by and between the City of Hollister, California, a municipal corporation, ("City,") and Wald Ruhnke & Dost Architecture LLP, (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Architectural Services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION" as determined by the rates listed in ATTACHMENT “A”. Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
5.1 Contractor shall be entitled to an increase in the rates listed in ATTACHMENT “A” on each anniversary of the agreement at a rate determined using the U.S. Bureau of Labor Statistics San Francisco-Oakland-San Jose, CA Consumer Price Index (CPI) for the month of April. If the CPI is greater than the last published CPI of the previous year, the costs will be increased proportional to the percent change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same. The maximum increase in the rates in any contract year may not exceed 3.5%. The increase shall take effect on the first day of the month following the anniversary date.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
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7.3 Examine all studies, reports, specifications, proposals, and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
8. Indemnification: To the fullest extent permitted by California Civil Code 2782.8 Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work b y the Contractor, his agents, representatives, employees or subcontractors. The minimum scope and limit of insurance is contained in EXHIBIT “E”.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be A.21.c
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solely responsible for the conduct and control of the work performed under this Agreement.
Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon the date of this Agreement and shall terminate after five (5) years. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary A.21.c
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business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
William Via, Public Works Director
City of Hollister
1321 South Street
Hollister, California 95023
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b. To Contractor:
Christopher Barlow
Wald Ruhnke & Dost Architects LLP
2340 Garden Rd, Ste 100
Monterey, California 93940
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF HOLLISTER:
Christopher Barlow, Principal Architect Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
Contractor shall provide the following services:
1. Provide on-call architectural design services for a period of five (5) years on an as needed basis.
2. Provide on-call landscape architectural design services for a period of five (5) years on an as needed basis.
COMPLETION SCHEDULE
Contractor shall complete assigned tasks at the time determined by each individual task order, to be agreed upon at the time of the issuance of each task order.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $500,000 each year for a term of five (5) years. Each project proposal shall be issued a task order, for specific projects and amounts, against the total contract amount per year.
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EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Only main contact and key staff needed)
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EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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EXHIBIT “E”
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance A.21.c
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and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Contractor and job – it could be much higher, or in the case of a very small Contractor, you might want it lower] unless approved in writing by Entity. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Entity may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Entity reserves the right to obtain a copy of any policies and endorsements for verification.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Entity before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 15, 2024
SUBMITTED: April 9, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Attorney
Mary Lerner, City Attorney
TITLE OF ITEM: DISCUSSION REGARDING LOCAL PREFERENCE ORDINANCE
FOR AFFORDABLE HOUSING
BRIEF DESCRIPTION: At the April 2, 2024 regular City Council meeting, the Council directed staff to return with an agenda item to discuss creation of an ordinance related to local preference for affordable housing.
RECOMMENDATION: Discuss and provide direction to the City staff.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
B.1
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 15, 2024
SUBMITTED: April 9, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Attorney
Mary Lerner, City Attorney
TITLE OF ITEM: DISCUSSION RE: CAMPAIGN CONTRIBUTIONS & REPORTING
ORDINANCE
BRIEF DESCRIPTION: At the April 2, 2024 regular City Council meeting, the Council directed staff to return with an agenda item to discuss potential revisions to the City’s requirements related to campaign contribution limits and reporting of contributions adopted by the City Council as Resolution 2021-129 on June 21, 2021.
RECOMMENDATION: Discuss and provide direction to the City staff.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
B.2
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 15, 2024
SUBMITTED: April 9, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS
BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.
RECOMMENDATION: Receive the report and hold a discussion, if desired.
DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to s taff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.
ATTACHMENTS:
1. 20240415 - Agenda Item and Update Request log
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
C.4.1
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2022 Council Agenda Item Requests 4/12/2024
1 Velazquez 5/2/2022
Add language in City Code to fine developers
who block the alleys, streets, public right of
way for longer than 2 days with dumpsters or
equipment
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
2 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
3 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Development Services 5/6/2024 Fee Study being completed for all city fees 4 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.
Administrative Services 5/6/2024 Wildan completed scope and has begun the study. 5 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation 6/17/2024
Topo survey has been contracted with Kelly
Engineering and survey has been completed.
Master plan to be presented for consideration in
2024-25 budget.
6 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
Administrative Services (HR)TBD
Administrative Services department is in the
process of filling key vacancies within the
department and has delayed the drafting of the
policy.
7 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services 5/6/2024 Fee Study being completed for all city user fees 8 Resendiz 2/6/2023 Art development fees Parks & Recreation TBD Arts and Cultural Commission approved on 4/11.
Pulled from Council on 6/20/23
9 Perez 2/21/2023 Program to support beautification of
Downtown business and empty lots Development Services TBD Staff working to develop options for Council discussion
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log C.4.1.a
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2022 Council Agenda Item Requests 4/12/2024
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
10 Burns 8/21/2023 Future closed session or open session item on previous mountain lion encounter in the City City Attorney TBD City attorney drafting report for future council meeting
11 Burns 12/4/2023 Use of discretionary funds for COVID-19 victims memorial City Manager 4/15/2024 Staff working to develop agenda item 12 Casey 2/20/2024 Item regarding Downtown parking and green space including a Dunne Park Master Plan Development Services TBD Staff working to develop agenda item 13 Perez 3/4/2024 $8500 from discretionary funds for Bulldog Boxing City Manager TBD Staff is awaiting additional information from Bulldog Boxing.
14 Resendiz 3/18/2024 $1500 from CM Resendiz discretionary funds for Dia de los Ninos Event City Manager 4/15/2024 Scheduled for 4/15/24 15 Council 3/18/2024 $1000 each from discretionary funds for Jovenes de Antano City Manager 4/15/2024 Scheduled for 4/15/24 16 Casey 3/18/2024 $5000 from discretionary funds for
community center renderings City Manager 4/15/2024 Scheduled for 4/15/24 17 Council 3/18/2024
Update council policy to include travel for
Council assignments to state and regional
bodies
Administrative Services TBD Staff working to develop agenda item 18 Burns 3/18/2024 Options for increasing meeting efficiency City Clerk 5/6/2024 Scheduled for 5/6/2024 19 Morales 3/18/2024 $3000 from discretionary funds for printing of City Resource Guide City Manager 4/15/2024 Scheduled for 4/15/24 20 Resendiz 4/2/2024 Local preference ordinance for affordable housing Development Services 4/15/2024 Scheduled for 4/15/24 \\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log C.4.1.a
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2022 Council Agenda Item Requests 4/12/2024
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
21 Resendiz 4/2/2024 Ordinance to eliminate plastic bags and straws in the City Public Works TBD Work with Integrated Waste Management 22 Perez 4/2/2024 Amend campaign contributions ordinance City Attorney 4/15/2024 Scheduled for 4/15/24 23 Casey/Perez 4/2/2024
$3000 each of discretionary funds for the
Indigenous Nations Diversity Network event in
September
City Manager TBD Will move forward once organization has City business license and approved as a 501(c)(3)
24 Casey 4/2/2024 Waive permit fees for Mr. Wrobel if
permissible Development Services TBD Staff determining if waiving fee is permissible based on project spefics
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log C.4.1.a
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2022 Completed Agenda Items 4/12/2024
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with presentations
by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.
Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022 7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022 MOU's re: Hazard Pay for Employees approved 5/2/2022 5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date C.4.1.a
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2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council Member(s)3/21/2022 "Welcome to Hollister" sign arch over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Rally and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022 19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and Perez were appointed on April 18, 2022.4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member wants to
submit items to City Clerk for posting
to COH Social media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to amend
City Code set for May 16, 2022. Item
did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting Agenda 5/16/2022 23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to amend
City Code set for May 16, 2022-Did
not pass
5/16/2022
C.4.1.a
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2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance Review
to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be provided to
Council by outside attorney. Memo
provided on 5/25/2022 on
Regulating Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.
Ad Hoc 4/18/2022
Consultant is working on Term
Limits. Council Direction for
Charter City to be brought back
for discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.
City Manager Developer working on a project for
site and the land is in escrow.6/30/2022
30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the process &
working with Elections Consultant.
Special Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be ready
for Election in 2024 if process is
started in time.
Considered
complete
5/14/2022
C.4.1.a
Packet Pg. 613
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in May
14. Consultant is working on
Advisory Measure. On June 6
Agenda for Council Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to allocate
$500,000 from ARPA Funds, divide
amongst 5 Council Members -
Council to send locations
Waiting on
individual Council
Members
33 Council Member(s)5/2/2022 Presentation on grants, low income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager Approved as part of the Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022 39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August 2022
Meeting. If approved working on
ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on 9/6.9/6/2022 42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled via
Ordinance brought to Council on
September 6, 2022.
9/14/2022
C.4.1.a
Packet Pg. 614
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.
Fly Breast Cancer flag in October at
City Hall.
City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Airport
Tenant Eviction City Manager
City Manager provided Council
Member Burns with necessary
information so item does not need
to be put on closed session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022 Second reading of ordinance will be
brought to Council on 10/3/22.10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for
Facility Assessment Survey. Will
bring to the 10/17/22 City Council
Meeting
10/17/2022
49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to schedule date for presentation.11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has requested to
present at 11/7/22 council meeting.
Will evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley Pavement and
Drainage Project are being
presented to the Council for
approval on 11/7/22.
11/7/2022
53 Burns 11/21/2022
Municipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
C.4.1.a
Packet Pg. 615
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve on
committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.
Police (Animal
Control)/ City
Attorney
Will be discussed at the Animal
Control Ad Hoc Committee meeting 2/14/2023
58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023 City Manager contract discussion scheduled for Closed Session 2/21/2023
60 Casey 2/21/2023
Options to address feral cat
population including two
additional spay/neuter clinics in
March
Police/Animal
Control 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023 61 Casey 2/6/2023 Special meeting to discuss traffic
calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023 62 Resendiz 3/6/2023
Options for recognizing June as
LGBTQ+ month, such as flag
raising, progressive stickers, email
logos, inclusivity training, unisex
restroom signs
City Manager 3/20/2023 Item on the 3/20/23 agenda 3/20/2023 63 Burns 3/6/2023
Proclamation recognizing the
Hollister High School girl's soccer
team on their state championship
City Clerk 3/20/2023 Presented on 3/20/23 3/20/2023
C.4.1.a
Packet Pg. 616
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 64 Casey 3/6/2023 Study session on traffic calming
projects Engineering 3/27/2023
Council directed staff to draft a
speed cushion/traffic calming
measure policy
3/27/2023
65 Perez 3/20/2023 Raise the Christian Flag at City Hall on April 2 City Clerk 3/27/2023
Council approved resolution on
3/27/23 authorizing the raising of
the Christian flag on 4/2/23
3/27/2023
66 Morales 2/21/2023 Presentation on new laws
impacting city operations City Attorney 4/3/2023 Presented to Council on 4/3/23 4/3/2023 67 Burns 2/21/2023 Policy regarding proclamations City Clerk 4/3/2023 Approved by Council on 4/3/23 4/3/2023 68 Burns 3/6/2023
Update HMC 1.18.060 to reflect
location of Code Enforcement
office
City Attorney 4/3/2023 Second reading of ordinance will be brought to Council on 4/17/23 4/17/2023
69 Casey 3/6/2023
3/20/2023
Neighborhood/Community
Meeting to discuss Ladd Lane
traffic calming measures
Engineering 4/17/2023 Council approved public outreach
project 4/17/23 4/17/2023
70 Burns 4/3/2023
Proclamation for Cole Seymour
and Eliana Salcedo for their recent
wins at Razorback Wrestling
competition
City Clerk 4/17/2023 Presented on 4/17/23 4/17/2023
71 Perez 2/21/2023 Discussion of Council Pay (HMC
2.04.320)City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023 72 Burns 2/21/2023 Presentation on Flock Cameras Police 4/17/2023 Presented 4/17/23 4/17/2023 73 Burns 2/6/2023 Rename Community Center for
Pauline Valdivia
Parks & Recreation
(Tina)4/17/2023 Approved 4/17/23 4/17/2023
74 Casey 1/17/2023 Policy on how items are added to
the City Council agenda City Clerk 4/17/2023 Council direction provided 4/17/23.
On 5/1/23 agenda 4/17/2023
75 Burns 1/17/2023
Request update to municipal code
related to Administrative Hearing
Officer requirements
City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023 76 Resendiz 3/20/2023
Refer to the Arts & Cultural
Advisory Commission the design of
the Hollister logo to incorporate
the LGBTQ+ Progress Pride flag
Parks & Recreation 4/11/2023 a logo considered at the ACC meeting on 4/11/23 4/11/2023
77 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager 3/27/2023 Will bring item back to goal setting meeting.3/27/2023
C.4.1.a
Packet Pg. 617
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 78 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
analysis or forecast for anticipated
equipment , projects,
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.
City Manager 3/27/2023 Will be included as part of 2023-24 Budget Hearings 3/27/23 - 6/30/23
79 Burns 3/6/2023
Fly the Deferred Action for
Childhood Arrivals flag at City Hall
for a month
City Clerk 5/1/2023 Resolution to Raise DACA flag 5/4/23- 5/7/23 on 5/1/23 agenda 5/1/2023
80 Burns 2/21/2023
Proclamation recognizing Bill's
Bullpen for 35 years of business in
Hollister
City Clerk 5/1/2023 Scheduled to coincide with start of Comic Book Week 5/1/2023
81 Perez 3/20/2023 Install electric vehicle charging
systems throughout the City Community Services 5/1/2023 Staff working with 3CE on a grant
proposal to provide funding for EV
stations.
5/8/2023
82 Morales 9/6/2022 Future park to be developed in
District 3 Parks & Recreation N/A
Federal appropriation request
submitted. Not awarded. Staff
exploring grant opportunities for the
Leatherback property.
TBD
83 Resendiz 5/1/2023
Presentation by United Way of San
Benito County regarding 2-1-1
Program
City Clerk 5/15/2023 Presentation confirmed 5/15/2023
84 Council 4/3/2023
Letter of opposition re: Taxpayer
Protection and Government
Accountability Act initiative
City Attorney 5/15/2023 Letter prepared for 5/15/23 meeting 5/15/2023 85 Burns 5/1/2023
Consideration of waiving pre-
application fee for the Growing
Hearts garden center
Development
Services 6/5/2023 Staff prepared agenda item for
6/5/2023 meeting
86 Resendiz 5/1/2023
Consideration of refund for
conditional use permit fee for
Fiesta Plaza
Development
Services 6/5/2023 Staff prepared agenda item for
6/5/2023 meeting
87 Burns 5/15/2023 Proclamation for Hollister High
School Green Ribbon Award City Clerk 6/5/2023 Staff prepared agenda item for 6/5/2023 meeting
C.4.1.a
Packet Pg. 618
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 88 Burns/Perez 9/6/2022 Develop cooling and warming
center policy City Manager N/A Posted OES approved policy on City Website 6/1/2023
89 Burns 6/5/2023 City Attorney Evaluation City Attorney 6/20/2023 On 6/20/23 Agenda 6/20/2023 90 Burns/Resendiz 6/5/2023 Presentation on Sewer Services Community Services 6/20/2023 On 6/20/23 Agenda 6/20/2023 91 Burns 6/5/2023
Parade for Hollister High School
baseball team, softball team and
girls soccer team
City Manager 6/17/2023 Being included in Saddle Horse Show Parade 6/17/2023
92 Burns 6/5/2023
Proclamations for Hollister High
School baseball team and softball
team
City Clerk 6/20/2023 On 6/20/23 Agenda 6/20/2023
93 Burns 6/5/2023 Funding for additional police
officer in FY23-24 budget Finance 6/12/2023 Included in draft budget 6/12/23 6/12/2023 94 Morales 4/17/2023 Use of Council discretionary funds for beautification projects
Development
Services 6/5/2023 Discretionary funds policy being
drafted as part of 2023-24 budget 6/5/2023
95 Burns 3/6/2023
4/3/2023
Clarification regarding Council
discretionary funds. Consider
raising budget to $100K
Administrative
Services 6/26/2023 Budget set at $50k.6/5/2023
96 Perez 3/6/2023 Tree Replacement Program Community Services 6/26/2023 Staff preparing program for 2023-24 Budget 6/26/2023
97 Resendiz 2/21/2023
Consideration of an amendment to
HMC regarding adoption of
tentative maps by the City Council
Development
Services TBD Item was previously brought to
Council and did not pass.
98 Resendiz 2/21/2023 Policy on use of Council travel
funds
Administrative
Services 6/12/2023 Policy complete 6/12/2023
99 Burns, Morales,
Perez 4/4/2022 Food Truck Ordinance Review Development
Services 6/5/2023
Planning Commission reviewed on
4/27/2023. 6/5/23 Council public
hearing. Staff working to conduct
outreach for businesses and food
truck owners.
6/20/2023
100 Burns/Resendiz 6/5/2023
Domestic Wastewater Treament
Plant Update including MBR
discussion
Community Services 6/20/2023 Presentation made at 6/20/23 council meeting
C.4.1.a
Packet Pg. 619
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 101 Burns 2/6/2023
City to take on cost for internet
service for computers installed by
LULAC at Community Center
Information
Technology 6/26/2023 Developing cost estimates for FY
2023-24 budget
102 Casey 3/20/23 &
6/5/2023
Use discretionary funds for ADA
accessible equipment at Summer
Park
Parks & Recreation N/A
Initial quotes for basic ADA
improvements are approximately
$60,000 which exceeds the
discretionary limit of $50,000 per
member of the council.
8/3/2023
103 Morales 8/7/2023
Creation of ad hoc committee
regarding Council Code of Conduct,
including discussion of possible
fines and potential misdemeanor
prosecution
City Attorney 8/21/2023 Agendized for 8/21/23 8/21/2023 104 Burns 6/20/2023 Use discretionary funds for tree
lights on East Street Public Works 8/31/2023
On 8/7/23 Council agenda for
consideration. If approved, lights
should be installed by 8/31/2023
105 Morales, Perez 4/17/2023 Campaign finance City Attorney 8/21/2023 City attorney drafting report for future council meeting
106 Burns 3/20/2023
Consider placing the raising the
Transient Occupancy Tax on the
ballot for the next general election
City Clerk 8/21/2023
Council directed staff to return with
a ballot amendment for the
November 2024 ballot and work
with BBK on education materials
8/21/2023
107 Casey 3/6/2023 Speed Cushion Policy Engineering 8/21/2023 Staff developing policy. Council
adopted a resolution pausing large
traffic calming measures until policy
is approved.
8/21/2023
108 Burns 6/5/2023 Policy on remote meeting
participation for Council
City Attorney/City
Clerk 9/5/2023 Item on 9/5/2023 agenda for
consideration.9/5/2023
109 Casey 4/17/2023 Review Council Code of Conduct City Attorney 9/18/2023 Ad Hoc provided brief report out.
Will return with an update at a
future meeting.
9/18/2023
110 Burns 6/20/2023 Requested a presentation from the
Growing Hearts organization City Manager 10/2/2023 Presentation delivered.10/2/2023 C.4.1.a
Packet Pg. 620
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 111 Resendiz 9/18/2023
Use $5,000 of his discretionary
funds for the Hollister Downtown
Association to create altars for Dia
de Los Muertos
City Manager 10/2/2023 Approved at Council 10/2/2023
112 Perez 9/5/2023 Discussion of maintenance for City
trees Public Works 10/16/2023 Tree policy adopted at 10/16/23 meeting 10/16/2023
113 Morales 9/5/2023 Update on the status of various
Council ad hoc committees City Clerk 10/16/2023 Provided at 10/16/23 10/16/2023 114 Morales 8/21/2023
Proclamations to recognize IUPA
16 and Local 12 and their
volunteer efforts in the community
City Clerk 10/16/2023 Presented at 10/16/23 meeting 10/16/2023 115 Burns 10/3/2022 Special Meeting to Discuss the
Library City Manager 10/31/2023 Library received grant for reconstruction.10/31/2023
116 Resendiz 9/5/2023
Create an ad hoc committee to
discuss a future performing arts
center
Parks & Recreation 11/7/2023 Arts Center component added to the Community Center workgroup.11/7/2023
117 Morales 1/17/2023
Procurement Policy to express
City's preference for a skilled and
trained workforce instead of just
the lowest responsive bidder, such
as preference for local hires and
working with veterans
Administrative
Services 11/6/2023 Ordinance introduced at 11/6/23
Council meeting 11/6/2023
118 Morales 3/21/2022 Outdoor Night Market Development
Services (Planning)11/7/2023
Events on private property require a
major temporary use permit.
Applications need to be submitted
45 days before event.
11/7/2023
119 Velazquez 1/18/2022 &
5/2/2022
Discussion on parking/parking
garage fees
Development
Services
(Planning/Engineerin
g)
11/6/2023
Parking fee study has been finalized
and will be brought forward to
Council for discussion and possible
action. Agreement being drafted for
developer to provide improvements
at garage.
11/6/2023
C.4.1.a
Packet Pg. 621
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 120 Morales 10/2/2023 In lieu fees for City Elections City Clerk 11/20/2023 On 11/20/23 agenda 11/20/2023 121 Burns 9/5/2023 Future Council discussion on
holding the annual motorcycle rally City Manager 11/20/2023 Presentation on 11/6/23 agenda.
Item continued to 11/20/23 11/20/2023
122 Morales 10/2/2023 Ballot measure to change mayoral
term to four years City Clerk 11/20/2023 On 11/20/23 agenda 11/20/2023 123 Burns 3/20/2023 Create litter abatement and graffiti abatement team Community Services 11/20/2023
Cost estimates presented with the
FY2023-24 Q1 Budget Update. Item
continued to 11/20/23
12/4/2023
124 Perez 11/20/2023 Present certificate of recognition to Ken Lindsay City Clerk 12/4/2023 On 12/4/23 Council agenda 12/4/2023 125 Resendiz 12/4/2023 Council approval of tentative maps City Attorney N/A Council provided memo on request.12/11/2023 126 Resendiz 11/20/2023 Use his discretionary funds to
support Los Posadas event City Manager 12/4/2023 On 12/4/23 Council agenda 12/4/2023 127 Council 11/20/2023 Resolution Calling for Ceasefire in Gaza City Manager 12/4/2023 On 12/4/23 Council agenda 12/4/2023 128 Morales 12/4/2023
Use of discretionary funds for
students to attend Colonel Nicole
Mann event
City Manager 12/18/2023 Adopted resolution 12/18/2023
129 Burns 12/4/2023
Requested staff review the
agreement with Del Curto for the
400 Block of San Benito Street
Development
Services 1/16/2024 Item on 1/16/24 Council agenda 1/16/2024 130
Perez
Burns
Resendiz
9/18/2023
10/16/23
Address odor reduction in District
2 Public Works 12/18/2023
Staff included odor control measures
in forthcoming Collection System
Improvement project.
12/18/2023
131 Burns 1/16/2024 Convert Dunne Park tennis court to
4 pickleball courts Parks & Recreation 2/5/2024 Update on project at 2/5/24 meeting 2/5/2024 132 Burns 11/20/2023
Separate project to construct
crosswalk on Memorial Drive near
elementary school to speed up
process
Public Works 2/5/2024
Council directed staff to install speed
cushions to be replaced with speed
tables and to move forward with
implementation of crosswalks at
Verdun and Memorial and other
improvements
2/5/2024
C.4.1.a
Packet Pg. 622
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 133 Resendiz 9/18/2023
Council item regarding what other
municipalities are doing regarding
landscape and lighting district
Engineering 2/20/2024
Other municipalities and the City of
Hollister supplement Landscape and
Lighting Districts with the general
fund as the LLD assessments do not
have an annual inflation factor
included in them.
2/15/2024
134 Burns 2/5/2024
Options to address speeding on
San Benito Street after South
Street
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
135 Burns 2/5/2024 Creation of a Council ad hoc
committee related to Cannabis City Clerk 2/20/2024 Committee formed at 2/20/24 Council meeting 2/20/2024
136 Morales 2/5/2024 Proclamation for Black History
Month City Clerk 2/20/2024 Presented at 2/20/24 Council meeting 2/20/2024
137 Casey 2/5/2024 Proclamation for Give Kids a Smile
Event City Clerk 2/20/2024 Presented at 2/20/24 Council meeting 2/20/2024
138 Burns 12/4/2023
Consider road engineering on
Sunnyslope near Sunnyslope Lane
and Beverly such as a crosswalk
with flashing lights
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
139 Morales 12/4/2023
Traffic study of San Benito Street
between Hawkins to Nash
complaints related to speeding and
traffic
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
140 Resendiz 2/20/2024 Certificate of Recognition for Elyssa Hernandez City Clerk 3/4/2024 Scheduled for 3/4/2024 3/4/2024 141 Morales 2/5/2024
Recognition of Community
Volunteers who provided
assistance following the Line Street
Apartment fire
City Manager 3/4/2024 Scheduled for 3/4/2024 3/4/2024
142 Council 1/16/2024 San Benito Leadership Institute
funding City Manager 3/4/2024
Staff working to develop agenda
item to allocate $20,000 from the
general fund
3/4/2024
143 Perez 1/16/2024 Item to make raising Christian Flag at City Hall an annual event City Clerk 3/4/2024 Scheduled for 3/4/2024 3/4/2024 C.4.1.a
Packet Pg. 623
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 144 Burns 2/5/2024
Options for creating a non-profit
that people can donate to to
support the Animal Control
Services Division
Administrative
Services 3/8/2024
Public is able to donate to the
Animal Shelter. Funds are restricted
when donated.
3/4/2024
145 Morales 12/18/2023
Discussion Re: potential updates to
HMC to set Council regular
meeting time for 9:00 AM
City Attorney 3/4/2024
On 2/5/24 Council directed staff to
return with an ordinance to set the
regular meeting start time at 4:00
PM.
Introduction of ordinance scheduled
for 3/4/24.
Re-introduction scheduled for
3/18/24
3/4/2024
146 Burns 12/4/2023
Use of discretionary funds to install
dog waste bag dispensers in
Sunnyslope Village
City Manager 3/4/2024 Scheduled for 3/4/2024 3/4/2024
147 Casey 11/20/2023 &
1/16/2024
Seeks to be able to review draft
agenda with City Manager prior to
publication
City Manager 3/4/2024 Item did not pass. 2-2 vote on
3/4/24 3/4/2024
148 Perez 11/20/2023 Lighted crosswalk near Fourth and
Line Streets Public Works 3/18/2024
Staff will be completing the work in
house. Project does not need to
return to Council for approval.
3/5/2024
149 Casey 2/20/2024 Council Goal-Setting Workshop
prior to budget development City Manager 3/18/2024 Discretionary fund request for meeting scheduled for 3/18/24 3/18/2024
150 Morales 1/16/2024 Review of City policies on Council training and travel
Administrative
Services 3/18/2024 Council direction given on 3/18/24.3/18/2024 151 Casey 2/20/2024
Bring inclusionary housing
ordinance back for Council
consideration to include a 6% very
low income, 5% low income, and
4% moderate income levels split
and options for alternative
compliance.
Development
Services 3/18/2024 Council direction given on 3/18/24.
Ordinance returning on 4/15/24 3/18/2024
C.4.1.a
Packet Pg. 624
2022 Completed Agenda Items 4/12/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 152 Burns 3/18/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 4/2/2024 153 Burns 3/18/2024 Report on recent animal hoarding
incident in the County Police 4/2/2024 Scheduled for 4/2/24 4/2/2024 154 Burns 3/18/2024 Proclamation for Hollister High
School boys soccer team City Clerk 4/2/2024 Scheduled for 4/2/24 4/2/2024 155 Burns 3/4/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 4/2/2024 156 Perez 3/4/2024
Proclamation on Womens History
Month and International Womens
Day
City Clerk 4/2/2024 Scheduled for 4/2/24 4/2/2024
157 Casey 12/4/2023
Traffic study of McCray Street
behind shopping center and
potential options (agenda item)
and address blight in the area
Public Works 4/2/2024 Item rescheduled from 3/18/24 to
4/2/2024.4/2/2024
158 Casey 1/16/2024 Vacant building ordinance Development Services 4/2/2024 Working with consultant to bring a
presentation to Council 4/2/2024
159 Casey 4/3/2023 Ordinance re: Vacant commercial
buildings
Development
Services 4/2/2024 Scheduled for 4/2/24 4/2/2024
160 Burns 8/21/2023 Use of discretionary funds to install cameras at Valley View Park Police 4/2/2024 Staff gathering quotes and preparing agenda item for 4/2/24 4/2/2024
C.4.1.a
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2022 Update Requests from Council
(non-agenda items)
4/12/2024
1 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Project will be assigned to Economic Development Manager once hired.TBD
2 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services
(HR)
Recruitment failed for Sr Building Inspector. Staff
working with department to update job description,
requirements, and evaluate salary schedule.
5/31/2024
3 Burns 9/6/2022 Shade structure at Klauer Park Parks & Recreation Structures are ordered and delivered. Plans under building dept review.5/30/2024
4 Casey 12/4/2023 Policies posted to City website City Manager Will be included on new website.TBD 5 Burns 1/16/2024 Update on request for more lighting at Dunne Park Parks and Rec Staff preparing contract with selected vendor.4/30/2024 6 Resendiz 4/2/2024
Information regarding waiver of a
potential impound fee for the arrested
cyclist's bicycle
Police Staff working with City Attorney's office to prepare an analysis on potential fee TBD
7 Casey 3/18/2024
Receive update from animal ad hoc
committee regarding recommend policy
changes
Police Animal ad hoc committee holding meetings to discuss potential policy updates.TBD
Status Estimated Date of
Completion#Council Member Meeting Date Update Requested Department \\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log C.4.1.a
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2022 Completed Update Requests 4/12/2024
#
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.
City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 23 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.
City Manager 2/22/2022
24 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
26 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.
Recreation 3/5/2022
27 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 28 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
29 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
30 Council 2/22/2022 Update on the total number of PRA requests the City Clerk's Office receives per year City Clerk 4/4/2022 31 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
32 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.
Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 42 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
43 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
44 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
45 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
46 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.
City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
47 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 48 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
49 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
50 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
51 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
52 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 53 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
54 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
55 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective districts.
City Manager 5/2/2022
56 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
57 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
58 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcement Weeds removed 5/25/2022
59 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.
Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
60 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.
A more detailed process was
brought to Council, but rejected.
6/6/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 61 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.
Department Liaisons for Finance is
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.
6/21/2022
62 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
63 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
64 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
65 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
66 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
67 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
68 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.
City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 95 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
96 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
97 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
98 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
99 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
100 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.
City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 101 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendent to the local press and
to City Clerk for submission into the official
record
City Manager Email was forwarded as requested 10/18/2022 102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restrictive
ordinance than the state.10/20/2022
103 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
104 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
105 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
106 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
107 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.
Will provide an update to Council.11/30/2022
108 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
110 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
111 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
112 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
113 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
114 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
115 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.
Staff is waiting for the weather to
clear prior to install them.
1/31/2023
116 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 117 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 118 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 119 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 120 Burns 2/21/2023 Options for fencing the Downtown area for the motorcycle rally and charging an entrance fee Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
121 Burns 3/6/2023 Update on Police Communications Center Police Update sent to Council 3/15/2023 122 Burns 3/6/2023 Update on parklet request for 300 block of Monterey
Development
Services
Application incomplete, business
owner and neighbor 3/12/2023
123 Morales 3/6/2023 HPD to follow up on incident reported by Mr.
Rojas Police Police report taken 3/12/2023
124 Burns 3/6/2023 Status of the downtown monument sign Development Services
Update provided to council on
3/16/23 3/16/2023
125 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services
/ Development
Services
(Engineering)
Post speed study completed.
Councilmember can request to
add speed hump using their
district allocation
2/20/2023
126 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee Waiting on Ad Hoc Committee to
meet TBD
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 127 Burns 12/5/2022 Update on Cameras at the skate park Police Camera purchase request being
considered at 3/20/2023 council
meeting
3/20/2023
128 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate
is $150k. RFP boilerplate is
currently under review with City
Attorney. RFP released on March
15, 2023.
6/30/2023
129 Casey 4/3/2023 Post city vacancies on website Human Resources All active recruitments are
currently published on the City’s
website and other websites,
including GovernmentJobs.com,
as well as industry-specific bulletin
boards based on Department
needs.
Updated on a
rolling basis
130 Burns 4/3/2023 Certificate of Recognition for former Parks & Recreation Commissioner Alliyah Gomez City Clerk To be signed by Mayor on 4/17/23 and provided to Alliyah Gomez 5/15/2023
131 Morales 4/3/2023 Certificate of Recognition for Sarah Nordwick with the SBC Food Bank City Clerk To be signed by Mayor on 4/17/23 and provided to Sarah Nordwick 5/1/2023
132 Burns 4/17/2023 Use of Council discretionary funds to repair sidewalks Community Services List provided to Council 4/23/2023 133 Casey 3/20/2023
Update on participation in the San Benito
County Economic Development Committee by
the City
City Manager City Manager to attend 3/30
committee meeting 3/30/2023
134 Burns 2/21/2023 Update on the Senior Council and if City has contributed for past two years Parks and Recreation FY 2021-22 and 2022-23 Invoices were requested for payment 3/31/2023
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.3/31/2023
136 Burns, Velazquez 5/2/2022 Staff research drought resistant ideas for Jerry Gabe Dog Park and all future dog parks
Parks & Recreation
(Tina)
Staff met with landscapers to
assess sprinklers. Staff is
contacting other cities to learn
what materials they are using.
Landscapers will be seeding the
park on October.
4/25/2023
137 Resendiz 3/20/2023 Work with San Benito County to coordinate on any Pride Month events Parks & Recreation City manager to discuss with County CAO 4/26/2023
138 Morales 3/20/2023 Join committee to support bringing First Five community center Parks & Recreation Referred to Parks Department 4/23/2023 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.
Community Services
/ Parks & Recreation
The graffiti truck is operational
and Community Services is
responsible for abatement. We
are adding a maintenance position
to deal with graffiti on a regular
basis and will develop regular
routes to deal with graffiti before
it is reported.
3/31/2023
140 Resendiz 1/18/2022
Discuss creating a Homelessness committee with
representatives from different entities to tackle
homeless problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 141 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
142 Velazquez 2/7/2022 Update on alleys
Development
Services
(Engineering)
On 6/6/2022 Agenda. Alley survey
is underway - working on schedule
with surveyor. Topo survey work
began in late July of 2022. Topo
Surveys were completed in
September.
9/30/2022
143 Resendiz 3/6/2023 Update on Inclusionary Housing Ordinance Development Services
Planning Commission reviewed
ordinance on 2/23/23. Council
continued item until additonal
public outreach completed
(5/1/23)
5/1/2023
144 Morales 4/17/2023 Weeds at San Benito Street and Promise Community Services Crew dispatched to address concern 5/3/2023
145 Burns 3/20/2023
Update on previous concerns by members of the
public regarding parklets that would harm their
business
Development
Services
Parklet not approved due to safety
concerns 5/4/2023
146 Resendiz 2/21/2023 Training for peace officers and dispatchers as required by AB2504 City Attorney/Police
Training is scheduled and all staff
should complete by August of
2023.
5/8/2023
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 147 Burns 1/17/2023
Suggested potential changes to the process
regarding City Council's review of initiating a
general plan amendment to potentially lower
the threshold for the required Council vote to
approve the initiation.
City Attorney Memo sent to Council 5/8/2023
148 Burns 3/6/2023
3/20/2023
Update on hiring of maintenance worker to
repaint sound walls citywide Community Services
Interviews held on 5/8. Offers will
be made by 5/12. Paint truck is
currently operational.
5/31/2023
149 Burns 9/6/2022
Union Rd signs need to be replaced with Avenida
Cesar Chavez signs at Fairview and Hwy 25
intersections
Community Services Sign installed on 6/1/2023 6/1/2023
150 Burns 3/6/2023 Update on Hillcrest east of Memorial to El Toro Engineering Project complete. Acceptance of
project will be presented to City
Council on 6/5/23.
6/5/2023
151 Resendiz 4/3/2023
Transcribe LGBTQ+ Manual for Public Officials
and provide to employees and other
jurisdictions.
City Manager
Transcription completed and
manual being reviewed by
Esperanza Center team.
6/5/2023
152 Burns 3/20/2023 Update on collection of fees from litigation City has won
Administrative
Services
Staff are gathering information
and will report back to Council at a
future date
6/5/2023
153 Council 5/2/2022 Upgrade or replace the lights downtown and the first block of the side streets with APRA funds Community Services RFP is closed. Contract will be
brought to the 6/5 Council
meeting for approval.
6/13/2023
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 154 Burns, Morales 4/3/2023 Employee Recognition Program Human Resources Staff looking at options to bring back pre-COVID events 7/17/2023
155 Morales 3/20/2023 Update on the status of City's involvement in regional efforts regarding broadband installation City Manager Staff working on developing a
report for council. Staff is
currently amending its LATA grant
application in an effort to secure
$500k for broadband design work.
8/7/2023
156 Velazquez 2/7/2022 Update on lighting on 6th street and solar lights Engineering Supplies have been received by
contractor. Material delays have
slowed project. Installation will
begin in May of 2023
6/30/2023
157 Burns 2/6/2023
Mountain lion shooting incident from 2022 -
Requested independent investigation of the
incident and the body camera footage to be
released and presented at regular city council
meeting
City Attorney/Police Referred to City Attorney 8/1/2023 158 Perez 4/3/2023 Information on chemical pesticide use by the City and policy on use of chemical pesticides Community Services Memo sent to Council 8/30/2023 C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 159 Burns, Perez 8/7/2023
Certificates of recognition for longstanding
Hollister businesses: San Benito Tire, A&W Root
Beer, Foster Freeze, McKinnon Lumber and
Country Rose
City Clerk Certificate created and sent to
honoree 9/5/2023
160 Burns 8/21/2023
Certificates of recognition for longstanding
Hollister businesses: G&M Auto Repair, Hollister
Paints, and the Cannery
City Clerk Certificate created and sent to
honoree 9/5/2023
161 Burns 9/5/2023
Certificates of recognition for longstanding
Hollister businesses: Dr. Mohammad al-Hassan,
Premier Cinema, and Round Table Pizza
City Clerk Certificate created and sent to
honoree 9/6/2023
162
Burns 9/18/2023
Certificates of recognition for longstanding
Hollister businesses: Ace Hardware, Super
Taqueria, and Greenwood Chevrolet.
City Clerk Certificate created and sent to
honoree 9/30/2023
163 Burns 8/7/2023 Certification of Recogntion for former Planning Commissioner David Huboi City Clerk Certificate created and sent to honoree 9/18/2023
164 Casey 8/21/2023
Investigation and a legal opinion regarding
reports of Councilmember Resendiz's inclusion
on a federal watch list and the potential inability
for Councilmember Resendiz to be able to vote
on contracts regarding federal funding
City Attorney Memo Sent to Council 8/31/2023
165 Burns 9/18/2023 Weed abatement for property behind Goodwill store Fire
Disced in April 2023 by owner and
two notices sent for weed
abatement. Referred to Code
Enforcement
9/24/2023
166 Burns 9/5/2023 Replacement of dilleneators on San Benito Street near entrance of downtown Public Works Completed 9/25/2023 C.4.1.a
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 167 Resendiz 6/20/2023
Requested information regarding what other
cities are providing for translation services for
public comments and public documents
City Clerk Staff soliciting quotes for meeting
translation services 10/2/2023
168 Burns/Perez 10/2/2023
Certificates of recognition for longstanding
Hollister businesses: Bulldog Boxing, Spudnuts,
Colonial Cleaners, Postal Graphics, and Ken
Lindsay
City Clerk Certificate created and sent to
honoree 10/3/2023
169 Resendiz 6/20/2023 Update on work done on Fremont Way Public Works Memo sent to Council 10/1/2023 170 Burns 6/20/2023 Requested staff study the regulations for A- frames signs
Development
Services
Council will be provided a memo
on the topic 10/10/2023
171 Morales 8/7/2023 Information on creating a formal internship program Human Resources Staff is preparing memo for
council 10/10/2023
172 Burns 10/16/2023
Certificates of recognition for Hollister Collision
Center, Hollister Quality Water, and the Hazel's
Treasures
City Clerk Certificates distributed.10/23/2023
173 Resendiz 9/18/2023 Meeting of Downtown Business Ad Hoc Committee City Manager
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
174 Perez 8/7/2023 Update on tree replacement program Public Works Staff is preparing a policy to bring to City Council on 10/16/2023.10/16/2023
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 175 Morales 8/7/2023 Information on parklets and requested meeting with business community
Development
Services
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
176 Burns 6/5/2023 Hollister Sign Update City Manager Staff preparing update on sign, lights, and bollards 11/15/2023
177 Burns 11/20/2023 Certificates of Recognition for Baskin Robbins, Dr. Paul Percival, Wong's Garden, Nob Hill City Clerk Certificates sent 11/22/2023 178 Morales 10/2/2023 Status report on vacant City Positions Administrative Services (HR)Report sent to Council 12/1/2023
179 Resendiz 11/20/2023 Follow up Re: Dog attacks at Mission Oaks mobile home park Police Report sent to Council 12/1/2023 180 Burns 4/3/2023 Comprehensive training report City Manager Report sent to Council.12/1/2023 181 Burns 12/4/2023
Certificates of Recognition for True Value,
Hollister Super, and Village Market City Clerk Certificates sent 12/5/2023 182 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night.
Development
Services
Dark sky provisions included in the
draft General Plan Update.11/6/2023
183 Burns 8/22/2023
Staff to provide information regarding waiver of
the specific plan amendment fee as requested
by Bright Future Recovery
Development
Services
Council directed staff to bring
forward the fee waiver at a future
Council meeting
12/18/2023
184 Burns 11/20/2023 Updates at each Council meeting re: sewer smell in District 2 Public Works Staff providing agenda item on topic at 12/18/23 Council meeting 12/18/2023
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 185 Burns 11/20/2023 Information Re: nitrate levels in wells on Wright Road Public Works
Wells mentioned at City Council
meeting by a member of the
public do not belong to the City of
Hollister.
1/12/2024
186 Burns 11/20/2023 Update on small business loan to MMM Churros Finance Staff preparing report 1/16/2024 187 Council 10/16/2023 Legal Analysis Re: Taking a position on the landfill expansion City Attorney Staff working with Integrated Waste and City Attorney's Office 1/16/2024
188 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to
add feature to Dunne Park as well
as a master plan for Dunne Park.
2/15/2024
189 Council 1/16/2024 Naming future park, building, etc. after Frank Valenzuela Parks & Recreation
Staff to provide information to
family regarding facility naming
process
2/16/2024
190 Burns 2/5/2024 Look into reports of mailboxes being broken into near Beverly Street Police No visual of mailboxes from
cameras 2/15/2024
191 Burns 8/7/2023 Report on how CFD funds are being spent Public Works/Finance Staff preparing report 3/15/2024 192 Burns 8/7/2023 Update on how funds related to maintenance of Sunnyslope Village soundwalls are being spent
Parks and Rec, Admin
Services Staff preparing report 3/15/2024
193 Resendiz 3/4/2024 Send letter of opposition to AT&T regarding discontinuance of land lines City Manager Letter of opposition sent to AT&T 3/15/2024 194 Casey 2/20/2024 Amend SNIP Bus Contract to include rabies vaccinations Animal Control Scheduled for 3/18/24 meeting.3/18/2024 C.4.1.a
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2022 Completed Update Requests 4/12/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 195 Morales 12/18/2023
Clarify City's role in addressing incorrect
information being disseminated to the public by
outside organizations including confidential
information from closed session and potential
referral to District Attorney and Attorney
General
City Attorney Memo sent to Council.3/22/2024
196 Resendiz 3/4/2024 Maintenance of bumpers on Sally Street and Central Ave.Public Works
Staff have repaired Sally St traffic
calming elements. Staff are
currently working on Central
Avenue.
3/31/2024
197 Morales 3/18/2024 Confirm City vendors do not have substantial violations on the project registration database Public Works Staff will review prior to issuing contracts 3/22/2024
198 Burns 8/7/2023 Cleaning and regular maintenance of Downtown sidewalks and around parklets Public Works
HDA is developing a proposal for
services. Business that have a
parklet are required to keep the
area clean around the parklets.
3/20/2024
199 Burns 3/18/2024 Report on the pros and cons of SAFER grants Administrative Services
Staff will provide a memo to
Council 4/10/2024
200 Casey 3/18/2024 Council to sign updated City Council Code of Ethics City Clerk
Staff providing updated Code of
Conduct and acknowledgement
form to Council
4/2/2024
201 Morales 11/20/2023 Creation of cards with QR code to direct public to City resources and community resources City Manager
Staff designing cards and
gathering printing quotes.
Working to ensure codes will work
on new website.
3/31/2024
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