Budget Report For Fiscal: 2023-2024 Period Ending: 04/30/2024 4/16/2024 10:47:46 AM Page 63 of 64
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategor…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Department: 8050 - PARKS & RECREATION DEPT
701 - PERSONNEL 25,924.11237.510.00 0.00 -25,924.11 0.00 % 735 - SERVICES & SUPPLIES 219,910.011,880.25259,100.00 259,100.00 39,189.99 15.13 % 740 - CONTRACTUAL 360.000.000.00 0.00 -360.00 0.00 %
246,194.122,117.76259,100.00 259,100.00 12,905.88Department: 8050 - PARKS & RECREATION DEPT Total:4.98 % 401,071.71-2,415.701,007,100.00 1,007,100.00 -606,028.29Fund: 712 - CFD#4 PUBLIC FACILITIES Surplus (Deficit):60.18 % Fund: 713 - CFD #5 - PUBLIC SAFETY (FIRE & POLICE)
Department: 1000 - NON DEPARTMENT
470 - SPECIAL ASSESSMENTS 192,740.600.00250,000.00 250,000.00 -57,259.40 22.90 % 192,740.600.00250,000.00 250,000.00 -57,259.40Department: 1000 - NON DEPARTMENT Total:22.90 % Department: 1100 - NON DEPARTMENT
740 - CONTRACTUAL 57.600.000.00 0.00 -57.60 0.00 %
57.600.000.00 0.00 -57.60Department: 1100 - NON DEPARTMENT Total:0.00 % 192,683.000.00250,000.00 250,000.00 -57,317.00Fund: 713 - CFD #5 - PUBLIC SAFETY (FIRE & POLICE) Surplus (Deficit):22.93 % Fund: 809 - HOME PROG. REVOLV. LOANS
Department: 1000 - NON DEPARTMENT
450 - USES OF ASSETS 7,730.71700.255,000.00 5,000.00 2,730.71 54.61 % 470 - SPECIAL ASSESSMENTS 6,473.15591.010.00 0.00 6,473.15 0.00 % 14,203.861,291.265,000.00 5,000.00 9,203.86Department: 1000 - NON DEPARTMENT Total:184.08 % 14,203.861,291.265,000.00 5,000.00 9,203.86Fund: 809 - HOME PROG. REVOLV. LOANS Total:184.08 % Fund: 850 - SUCESSOR AGENCY
Department: 1000 - NON DEPARTMENT
430 - INTERGOVERNMENTAL 3,035,666.000.003,000,000.00 3,000,000.00 35,666.00 1.19 % 3,035,666.000.003,000,000.00 3,000,000.00 35,666.00Department: 1000 - NON DEPARTMENT Total:1.19 % Department: 1100 - NON DEPARTMENT
740 - CONTRACTUAL 5,120.000.000.00 0.00 -5,120.00 0.00 % 5,120.000.000.00 0.00 -5,120.00Department: 1100 - NON DEPARTMENT Total:0.00 % 3,030,546.000.003,000,000.00 3,000,000.00 30,546.00Fund: 850 - SUCESSOR AGENCY Surplus (Deficit):-1.02 % Fund: 851 - HOUSING
Department: 1000 - NON DEPARTMENT
450 - USES OF ASSETS 36,678.9721.9415,000.00 15,000.00 21,678.97 144.53 % 470 - SPECIAL ASSESSMENTS 153,707.66291.89100,000.00 100,000.00 53,707.66 53.71 % 490 - OTHER 0.000.0025,000.00 25,000.00 -25,000.00 100.00 % 190,386.63313.83140,000.00 140,000.00 50,386.63Department: 1000 - NON DEPARTMENT Total:35.99 % Department: 1125 - RDA GENERAL
740 - CONTRACTUAL 13,962.000.000.00 0.00 -13,962.00 0.00 % 13,962.000.000.00 0.00 -13,962.00Department: 1125 - RDA GENERAL Total:0.00 % Department: 1135 - Affordable Housing
701 - PERSONNEL 94,988.534,824.58132,082.00 132,082.00 37,093.47 28.08 % 735 - SERVICES & SUPPLIES 6,514.390.0019,150.00 19,150.00 12,635.61 65.98 % 740 - CONTRACTUAL 0.000.002,800.00 2,800.00 2,800.00 100.00 % 101,502.924,824.58154,032.00 154,032.00 52,529.08Department: 1135 - Affordable Housing Total:34.10 % Department: 1155 - FINANCE
701 - PERSONNEL 0.000.0019,838.00 19,838.00 19,838.00 100.00 %
0.000.0019,838.00 19,838.00 19,838.00Department: 1155 - FINANCE Total:100.00 % 74,921.71-4,510.75-33,870.00 -33,870.00 108,791.71Fund: 851 - HOUSING Surplus (Deficit):321.20 % Fund: 852 - Permanent Local Housing Allocation Program (PLHA) Department: 1000 - NON DEPARTMENT
430 - INTERGOVERNMENTAL 750,761.000.000.00 0.00 750,761.00 0.00 % 750,761.000.000.00 0.00 750,761.00Department: 1000 - NON DEPARTMENT Total:0.00 % 750,761.000.000.00 0.00 750,761.00Fund: 852 - Permanent Local Housing Allocation Program (PLHA) To…0.00 % Report Surplus (Deficit):1,872,217.00 5,545,186.75-3,072,344.00 -5,906,224.08 11,451,410.83 193.89 %
Budget Report For Fiscal: 2023-2024 Period Ending: 04/30/2024 4/16/2024 10:47:46 AM Page 64 of 64
Fund Summary
Fiscal
Activity
Variance
Favorable
(Unfavorable)Fund
Period
Activity
Current
Total Budget
Original
Total Budget
101 - General Fund -15,833,476.11-475,576.48-8,505,085.00 -8,573,965.08 -7,259,511.03 102 - General Fund Capital Improvements 0.000.00500,000.00 500,000.00 -500,000.00 105 - Measure "W"4,824,616.280.000.00 0.00 4,824,616.28 200 - Road Repair & Accountability Act of 2017 619,098.870.000.00 0.00 619,098.87 201 - CDBG 670.900.005,500.00 5,500.00 -4,829.10
203 - Gas Tax 84,596.34-17,404.87-1,487.00 -1,487.00 86,083.34 205 - Park Dedication 1,287,851.6760,818.910.00 -50,000.00 1,337,851.67 206 - Local Transportation -6,460.480.000.00 0.00 -6,460.48 212 - FED AVIATION ADMIN GRANT 210,753.970.000.00 0.00 210,753.97 216 - TRANSPORTATION DEV. ACT (COG)-13,895,744.590.001,398,690.00 1,398,690.00 -15,294,434.59 217 - SPAY/NEUTER EDUCATION 4,312.620.00-45,000.00 -45,000.00 49,312.62 218 - MELLO ROOS CFD-1 345,407.90-19,932.62598,544.00 598,544.00 -253,136.10 221 - POLICE S.L.E.S.F. PGM 176,300.570.000.00 0.00 176,300.57 223 - OFFICE OF TRAFFIC SAFETY -50,435.24-1,112.6340,000.00 40,000.00 -90,435.24 226 - ANIMAL WELFARE FUND 5,274.55140.000.00 0.00 5,274.55 229 - 4TH OF JULY RALLY -456.120.000.00 0.00 -456.12
231 - SB 1186 7,210.62190.809,000.00 9,000.00 -1,789.38 252 - 2020-cdbg-12015 17,896.130.000.00 0.00 17,896.13
257 - SB 2 PLANNING GRANT 155,307.990.000.00 0.00 155,307.99 273 - Prop 68 -20,584.600.000.00 0.00 -20,584.60
275 - 2021-CDBG-NH-2001 -28,651.160.000.00 0.00 -28,651.16 281 - SMALL BUSINESS LOAN 6,091.56100.000.00 0.00 6,091.56 285 - NATIONAL OPIOID 28,130.030.000.00 0.00 28,130.03
286 - Measure "G" (COG)15,850,620.932,162,612.780.00 0.00 15,850,620.93 301 - AB1600 CIP Fire Impact 109,831.2310,367.00101,000.00 101,000.00 8,831.23 302 - AB1600 CIP Police Impact 95,647.218,015.60150,000.00 150,000.00 -54,352.79 303 - AB1600 CIP Storm Drain 0.000.00-100,000.00 -100,000.00 100,000.00 304 - AB1600 CIP Traffic Impact 2,686,106.5597,482.370.00 0.00 2,686,106.55 305 - AB1600 CIP Santa Ana Storm Drain -14,880.000.000.00 0.00 -14,880.00 309 - Jail Juvenile Hall Fund 354,279.7912,017.200.00 0.00 354,279.79 313 - City Hall/City Yard Impact Fees 90,602.476,051.0550,000.00 50,000.00 40,602.47 506 - HELEN ROSS MEMORIAL DONATIONS 4,030.00500.00-456,000.00 -456,000.00 460,030.00 601 - AIRPORT ENTERPRISE FUND -614,792.3490,112.89-1,552,352.00 -1,562,352.00 947,559.66 620 - WATER ENTERPRISE FUND -959,329.95-88,864.28-1,467,535.00 -1,517,535.00 558,205.05 621 - WATER EXPANSION ENT. FUND 63,713.313,200.00164,000.00 134,000.00 -70,286.69 660 - SEWER ENTRPRISE FUND 5,772,734.59-76,916.901,522,593.00 1,502,593.00 4,270,141.59 661 - SEWER EXPANSION ENTPRS 671,783.51133,664.371,649,700.00 -955,300.00 1,627,083.51 662 - STORM DRAIN 106,032.4122,320.0044,200.00 44,200.00 61,832.41 665 - SEWER IND. ENTERPRISE -149,725.920.00-601,500.00 -601,500.00 451,774.08 670 - STREET SWEEPING FUND -514,987.86-40,545.12-613,942.00 -613,942.00 98,954.14 680 - BRIGGS BLDG ENTPR FUND -191,964.01-3,472.06-30,800.00 -30,800.00 -161,164.01 709 - LANDSCAPE & LIGHTING DIST -216,414.15-5,915.82-160,100.00 -160,100.00 -56,314.15 712 - CFD#4 PUBLIC FACILITIES 401,071.71-2,415.701,007,100.00 1,007,100.00 -606,028.29 713 - CFD #5 - PUBLIC SAFETY (FIRE & POLICE)192,683.000.00250,000.00 250,000.00 -57,317.00 809 - HOME PROG. REVOLV. LOANS 14,203.861,291.265,000.00 5,000.00 9,203.86 850 - SUCESSOR AGENCY 3,030,546.000.003,000,000.00 3,000,000.00 30,546.00 851 - HOUSING 74,921.71-4,510.75-33,870.00 -33,870.00 108,791.71 852 - Permanent Local Housing Allocation Program (PLHA)750,761.000.000.00 0.00 750,761.00 Report Surplus (Deficit):1,872,217.00 5,545,186.75-3,072,344.00 -5,906,224.08 11,451,410.83
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # City Attorney-2024-02
AGENDA ITEM: ADOPT A RESOLUTION RESCINDING RESOLUTION NUMBER 2021-129, PROVISIONS REGARDING CAMPAIGN FINANCE REFORM
DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Mary Lerner, City Attorney
RECOMMENDED ACTION: Adopt a resolution rescinding resolution 2021-129 to require City Council candidates to only follow statewide campaign contribution limits and campaign contribution reporting requirements.
DISCUSSION: Assembly Bill 571 imposed a default contribution limit upon cities and counties effective January 1, 2021. California Government Code section 85702.5 permits cities and counties to act by ordinance or resolution to establish their own campaign contribution limits that differ from those described in Government Code section 85301 and 83124.
On June 21, 2021, the City Council adopted resolution number 2021-129 to impose stricter campaign contribution limits than those imposed by the Government Code.
Those stricter limits required City Council candidates to make specified disclosures and limited the amount of campaign contributions City Council candidates may accept.
At the April 15, 2024, City Council meeting, the City Council directed staff to rescind this previously adopted resolution. The purpose of this rescission is to require City Council candidates to follow only statewide campaign contribution limits and campaign contribution reporting requirements.
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RESCINDING RESOLUTION NUMBER 2021-129, PROVISIONS REGARDING
CAMPAIGN FINANCE REFORM
WHEREAS, on June 21, 2021, the City of Hollister City Council adopted resolution number 2021-129, adopting campaign finance rules that required City Council candidates make specified campaign contribution disclosures and limited the amount of campaign contributions City Council candidates may accept; and
WHEREAS, California Government Code sections 85301, 83124, and 85702.5, establish state-wide campaign contribution limits and campaign contribution reporting requirements; and
WHEREAS, on April 15, 2024, the City Council directed the City Attorney to prepare a resolution rescinding resolution number 2021-129 so that City Council candidates are required only to follow statewide campaign contribution limits and campaign contribution reporting requirements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby proclaim, find, determine, resolve, and order that City of Hollister City Council resolution number 2021-129 is rescinded.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # City Attorney-2024-03
AGENDA ITEM: ADOPT A RESOLUTION APPROVING A CANNABIS
DISPENSARY REGULATORY PERMIT RENEWAL FOR MONTEREY BAY
ALTERNATIVE MEDICINE HOLLISTER, INC. (773 SAN FELIPE RD.)
DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Jennifer Thompson, Assistant City Attorney
RECOMMENDED ACTION: Adopt a resolution for the renewal of a regulatory permit for Monterey Bay Alternative Medicine Hollister, Inc., allowing the operations of their cannabis dispensary facility to be constructed at 773 San Felipe Road for 2024/2025.
DISCUSSION: On June 4, 2023, the City Council issued a regulatory permit (Resolution No. 2023-65) for Monterey Bay Alternative Medicine Hollister, Inc. to operate a cannabis dispensary facility.
In accordance with Section 5.42.050 of the City of Hollister Municipal Code (HMC), renewal of a regulatory permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as required under HMC, § 5.42.070 (A), and none of the required findings were made to warrant rejection of a regulatory permit. The current regulatory permit is set to expire on June 4, 2024.
This approval will allow the applicant to continue operations for 2024/2025.
FISCAL IMPACT: None.
PREVIOUS COUNCIL OR COMMISSION ACTION: On June 4, 2023, the City Council issued a regulatory permit (Resolution No. 2023-65) for Monterey Bay Alternative Medicine Hollister, Inc. to operate a cannabis dispensary facility.
CEQA: Exempt
ATTACHMENTS:
1. Resolution Renewing a Regulatory Permit for Monterey Bay Alternative Medicine Hollister, Inc. to Operate a Cannabis Dispensary Facility to be Constructed at 773 San Felipe Road (APNS 051-100-031-000 & 051-100-032-000)
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING
A REGULATORY PERMIT FOR MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER, INC. TO OPERATE A CANNABIS DISPENSARY FACILITY TO BE CONSTRUCTED AT 773 SAN FELIPE ROAD (APNs 051-100-031-000 & 051-100- 032-000)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting on June 4, 2023, issued a cannabis dispensary regulatory permit (Resolution No. 2023-65); and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and
WHEREAS, Monterey Bay Alternative Medicine Hollister, Inc. has completed the regulatory permit application, and it has been deemed complete; and
WHEREAS, at its regular meeting on May 6, 2024, the City Council considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070(A) of the Hollister Municipal Code the City Council may reject a permit. After review, the Council did not make any of the specified findings required to deny Monterey Bay Alternative Medicine Hollister, Inc. a regulatory permit; and
WHEREAS, under the provisions of Section 5.42.14 of the Hollister Municipal Code the City Council may, however, place conditions upon Monterey Bay Alternative Medicine Hollister, Inc. regulatory permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby makes the following findings and determinations regarding the proposed cannabis regulatory permit:
Grounds for Denial
The City Council may reject a regulatory permit upon making any of the following findings, none of the following required findings were made to warrant the rejection of a regulatory permit:
1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver, qualified patient, or the legal representative of the cannabis facility;
3. The applicant fails to meet the requirements of Chapter 5.42, or any regulation adopted pursuant to Chapter 5.42;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review process. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licens ed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under Chapter 5.42 in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay the City the required application and processing fees as set forth in Section 5.42.080 of the Hollister Municipal Code.
BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the regulatory permit for Monterey Bay Alternative Medicine Hollister, Inc. to be constructed at 773 San Felipe Road to operate a cannabis dispensary facility.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # CMO-2024-11
AGENDA ITEM: ADOPT A RESOLUTION APPROVING THE USE OF
DISCRETIONARY FUNDS FOR THE SECOND HOLLISTER NATIVE GATHERING EVENT
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager
RECOMMENDED ACTION: Adopt a resolution authorizing Mayor Casey and Councilmember Perez to use up to $3,000 for each of FY 23/24 City Council budgeted discretionary funds in financial support for the Second Hollister Native Gathering.
DISCUSSION: In June 2023, City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister.
As per Section 2.1-C of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.
Mayor Casey and Councilmember Perez request the approval of the City Council to use up to $6,000 FY 23/24 budgeted discretionary funds to use in financial support for the Second Hollister Native Gathering event being held in September 2024 with the Youth Alliance of Hollister as the event sponsor.
This item will authorize the City Manager to execute a contract between the City of Hollister and the Youth Alliance of Hollister for the Second Hollister Native Gathering event.
FISCAL IMPACT: Not to exceed $6,000
FY 23/24 – 101-1105-730006 - Discretionary Funds – MAYOR - $3,000 FY 23/24 – 101-1105-730007 – Discretionary Funds – PEREZ, D1 - $3,000
PREVIOUS COUNCIL OR COMMISSION ACTION: At the April 4, 2024 meeting, the City Council, by consensus, directed staff to bring this item back for Council consideration.
CEQA: N/A
ATTACHMENTS:
1. Second Hollister Native Gathering - Resolution
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING MAYOR CASEY AND COUNCILMEMBER PEREZ TO
USE UP TO $6,000 OF CITY COUNCIL BUDGETED FY 23/24
DISCRETIONARY FUNDS FOR THE SECOND HOLLISTER NATIVE
GATHERING EVENTS
WHEREAS , the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and
WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister; and
WHEREAS, as per Section 2.1C of the Discretionary Fund Policy, an approval of the City Council at a public City Council meeting; and
WHEREAS, Mayor Casey and Councilmember Perez request City Council approval to use up to $6,000 of FY 23/24 budgeted discretionary funds for the Second Hollister Native Gathering events in September 2024 in partnership with the Youth Alliance of Hollister; and
WHEREAS, this item will authorize the City Manager to execute a contract between the City of Hollister and the Youth Alliance of Hollister in support of these events.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Mayor Casey and Councilmember Perez to use City Council budgeted discretionary funds for the financial support of the Second Hollister Native Gathering - not to exceed $6,000 and authorize the City Manager to execute a contract between the City of Hollister and the Youth Alliance of Hollister.
FY 23/24 – 101-1105-730006 - Discretionary Funds – Mayor FY 23/24 – 101-1105-730007 - Discretionary Funds – District 1
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-09
AGENDA ITEM: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH
WALLACE GROUP FOR ON-CALL ENGINEERING SERVICES
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Adopt a resolution awarding a contract and authorizing the Mayor to sign the agreement.
DISCUSSION: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call engineering services. The RFP was posted on Bidnetdirect.com and resulted in sixteen (16) 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 Senior Public Works Inspector, the Environmental Programs Manager, two Assistant Engineers, 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 categ ory, 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. Wallace Group received the highest average score, which was 4.595 of a possible 5.0.
SERVICES. Wallace Group will provide on-call engineering 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.
FISCAL IMPACT: The agreement is for an amount not-to-exceed $999,000 per year and there is no guarantee a task order will be assigned to the contractor.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. Resolution
2. Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AWARDING A CONTRACT TO WALLACE GROUP FOR ON-CALL
ENGINEERING SERVICES AND AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT
WHEREAS, the City desires to have on-call engineering services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, staff received sixteen (16) qualified responses; and
WHEREAS, following an evaluation of their qualifications, staff selected Wallace Group 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 Engineering Services to Wallace Group and authorizes the Mayor 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 on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Engineering 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 Wallace Group (“Contractor”)., a California Corporation
1. Description of Project: City desires to retain a contractor to provide On-call Engineering 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.
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.
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 by 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.
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.
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 signed 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:
Kari Wagner, PE
Wallace Group
612 Clarion Court
San Luis Obispo, California 93401
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:
Kari Wagner PE, Principal Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
The contractor shall provide on-call engineering services for a period of five (5) years on an as needed basis. The contractor shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The contractor may provide services to the City including, but not limited to, the following:
Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. Provide field surveys as requested.
Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Hollister Municipal Code. Review Subdivision Improvement Plans for compliance with the City of Hollister Improvement Standards.
Review developers’ site and utility plans.
Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
Provide maps and mapping services as requested.
Preparation and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.
Update and maintain City Improvement Standards and Specifications. Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same. Assist the City’s Engineering Division with presentations and/or recommendations to City staff administration, or City Council.
Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City.
Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act. Provide other engineering and design services as requested.
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.
EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $999,000 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.
EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Please provide only main contact and key staff)
EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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
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.
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.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-11
AGENDA ITEM: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH
KIMLEY-HORN FOR ON-CALL ENGINEERING SERVICES
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the Mayor to sign the agreement.
DISCUSSION: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call engineering services. The RFP was posted on Bidnetdirect.com and resulted in sixteen (16) 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 Senior Public Works Inspector, the Environmental Programs Manager, two Assistant Engineers, 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. Kimley-Horn and Associates, Inc. received the second highest average score, which was 4.304 of a possible 5.0.
SERVICES. Kimley-Horn will provide on-call engineering 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.
FISCAL IMPACT: The agreement is for an amount not-to-exceed $999,000 per year and there is no guarantee a task order will be assigned to the contractor.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. Resolution
2. Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AWARDING A CONTRACT FOR ON-CALL ENGINEERING SERVICES
TO KIMLEY-HORN AND ASSOCIATES INC. AND AUTHORIZING THE
MAYOR TO SIGN THE CONTRACT
WHEREAS, the City desires to have on-call engineering services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, staff received sixteen (16) qualified responses; and
WHEREAS, following an evaluation of their qualifications, staff selected Kimley-Horn and Associates Inc. 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 Engineering Services to Kimley-Horn and Associates Inc. and authorizes the Mayor 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 on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Engineering 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 Kimley-Horn and Associates, Inc. (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Engineering 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.
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.
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 by 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.
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.
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 signed 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:
M. Pearse Melvin P.E., Vice President
Kimley-Horn and Associates, Inc.
1100 W. town and Country Road, Ste. 700
Orange, California 92868
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:
Mark Imbriani, Vice President Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
The contractor shall provide on-call engineering services for a period of five (5) years on an as needed basis. The contractor shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The contractor may provide services to the City including, but not limited to, the following:
Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. Provide field surveys as requested.
Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Hollister Municipal Code. Review Subdivision Improvement Plans for compliance with the City of Hollister Improvement Standards.
Review developers’ site and utility plans.
Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
Provide maps and mapping services as requested.
Preparation and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.
Update and maintain City Improvement Standards and Specifications. Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same. Assist the City’s Engineering Division with presentations and/or recommendations to City staff administration, or City Council.
Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City.
Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act. Provide other engineering and design services as requested.
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.
EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $999,000 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.
EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Please provide only main contact and key staff)
EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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
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.
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.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-14
AGENDA ITEM: ADOPT RESOLUTION APPROVING AN AGREEMENT WITH MNS ENGINEERS, INC. FOR ON-CALL ENGINEERING SERVICES
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the Mayor to sign the agreement.
DISCUSSION: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call engineering services. The RFP was posted on Bidnetdirect.com and resulted in sixteen (16) 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 Senior Public Works Inspector, the Environmental Programs Manager, two Assistant Engineers, 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 fin al 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. MNS Engineers, Inc. received the third highest average score, which was 4.114 of a possible 5.0.
SERVICES. MNS will provide on-call engineering 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.
FISCAL IMPACT: The agreement is for an amount not-to-exceed $999,000 per year and there is no guarantee a task order will be assigned to the contractor.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. Resolution
2. Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AWARDING A CONTRACT TO MNS ENGINEERS, INC. FOR ON-CALL
ENGINEERING SERVICES AND AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT
WHEREAS, the City desires to have on-call engineering services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, staff received sixteen (16) qualified responses; and
WHEREAS, following an evaluation of their qualifications, staff selected MNS Engineers, Inc. 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 Engineering Services to MNS Engineers, Inc. and authorizes the Mayor 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 on May6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Engineering 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 MNS Engineers, Inc. (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Engineering 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.
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.
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 by 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.
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.
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 signed 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:
Jeff Edwards, Vice President
MNS Engineers, Inc.
525 Strawberry Road
Royal Oaks, California 95076
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:
Jeff Edwards, Vice President Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
The contractor shall provide on-call engineering services for a period of five (5) years on an as needed basis. The contractor shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The contractor may provide services to the City including, but not limited to, the following:
Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. Provide field surveys as requested.
Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Hollister Municipal Code. Review Subdivision Improvement Plans for compliance with the City of Hollister Improvement Standards.
Review developers’ site and utility plans.
Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
Provide maps and mapping services as requested.
Preparation and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.
Update and maintain City Improvement Standards and Specifications. Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same. Assist the City’s Engineering Division with presentations and/or recommendations to City staff administration, or City Council.
Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City.
Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act. Provide other engineering and design services as requested.
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.
EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $999,000 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.
EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Please provide only main contact and key staff)
EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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
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.
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.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-13
AGENDA ITEM: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH TRC ENGINEERS, INC. FOR ON-CALL ENGINEERING SERVICES
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via
RECOMMENDED ACTION: Adopt a resolution awarding a contract to TRC Engineers, Inc. for on-call engineering services and authorizing the Mayor to sign the agreement.
DISCUSSION: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call engineering services. The RFP was posted on Bidnetdirect.com and resulted in sixteen (16) 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 Senior Public Works Inspector, the Environmental Programs Manager, two Assistant Engineers, 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 fin al 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. TRC Engineers, Inc. received the fourth highest average score, which was 3.894 of a possible 5.0.
SERVICES. TRC will provide on-call engineering 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.
FISCAL IMPACT: The agreement is for an amount not-to-exceed $999,000 per year and there is no guarantee a task order will be assigned to the contractor.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. Resolution
2. Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AWARDING A CONTRACT FOR ON CALL ENGINEERING SERVICES
TO TRC ENGINEERS, INC. AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT.
WHEREAS, the City desires to have on-call engineering services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, staff received sixteen (16) qualified responses; and
WHEREAS, following an evaluation of their qualifications, staff selected TRC Engineers, Inc. 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 Engineering Services to TRC Engineers, Inc. and authorizes the Mayor 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 on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Engineering 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 TRC Engineers, Inc. (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Engineering 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 represents that it will follow the 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 law, Contractor shall indemnify, defend with counsel reasonably 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, reasonable attorney fees, expert fees and all other costs and fees of litigation) of every nature to the extent arising out of or in connection with negligence, recklessness, or willful misconduct of Contractor in the performance of its services hereunder or its failure to comply with any of its obligations contained in this Agreement. Notwithstanding anything to the contrary in this Agreement, Contractor and City waive any and all claims against each other for incidental, consequential, special, multiple, and punitive damages arising out of or relating to 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. These restrictions shall not apply to information that (i) the Contractor had in their possession prior to disclosure; (ii) becomes public knowledge through no fault of the Contractor; (iii) the Contractor lawfully acquires from a third party not under an obligation of confidentiality to the City; or (iv) is independently developed by the Contractor.
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, DocuSign Envelope ID: 0A84940F-163E-4C44-BD97-A2730AC24F2D
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 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.
Notwithstanding the foregoing, Contractor shall retain sole ownership of its preexisting information and intellectual property and Contractor grants City a fully paid-up, non-exclusive, royalty free license to use the foregoing for the purposes contemplated under this Agreement.
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 DocuSign Envelope ID: 0A84940F-163E-4C44-BD97-A2730AC24F2D
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.
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 signed 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.
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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:
Mark Imbriani, Vice President
TRC Engineers, Inc.
10680 White Rock Road, Suite 100
Rancho Cordova, California 95670
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:
Mark Imbriani, Vice President 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
The contractor shall provide on-call engineering services for a period of five (5) years on an as needed basis. The contractor shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The contractor may provide services to the City including, but not limited to, the following:
• Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
• Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. • Provide field surveys as requested.
• Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Hollister Municipal Code. • Review Subdivision Improvement Plans for compliance with the City of Hollister Improvement Standards.
• Review developers’ site and utility plans.
• Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
• Provide maps and mapping services as requested.
• Preparation and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.
• Update and maintain City Improvement Standards and Specifications. • Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same. • Assist the City’s Engineering Division with presentations and/or recommendations to City staff administration, or City Council.
• Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City.
• Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act. • Provide other engineering and design services as requested.
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 $999,000 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
Mark Imbriani Principal-In-Charge
Justina Conklin Project Manager (Main Contact)
Mark Christensen QA/QC
Carlos Silva Senior Roadway Project Engineer
Aaron Bedal Senior Roadway Engineer
Cameron Pinkerton Project Structures Engineer
Kiana Negoro Senior Structures Engineer
(Please provide only main contact and key staff)
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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 City 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 City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and City-designated 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, excepting Professional Liability and Workers Compensation policies, shall be primary and non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and City-designated volunteers. Any insurance or self-insurance maintained by the DocuSign Envelope ID: 0A84940F-163E-4C44-BD97-A2730AC24F2D
City, its officers, officials, employees, or City-designated volunteers shall be excess of the Contractor’s insurance 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 City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City 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 City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City 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 City. 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 unless approved in writing by City. 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. City 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. City reserves the right to obtain a copy of any policies and endorsements for verification.
DocuSign Envelope ID: 0A84940F-163E-4C44-BD97-A2730AC24F2D
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 City.
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 City 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 City 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 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City 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
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
DocuSign Envelope ID: 0A84940F-163E-4C44-BD97-A2730AC24F2D
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-10
AGENDA ITEM: ADOPT RESOLUTION APPROVING AN AGREEMENT WITH GOUVEIA ENGINEERING, INC. FOR ON-CALL ENGINEERING SERVICES
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving an agreement with Gouveia Engineering, Inc. for on call engineering services and authorizing the Mayor to sign the agreement.
DISCUSSION: City staff issued a Request for Proposals (RFP) in December of 2023 for on-call engineering services. The RFP was posted on Bidnetdirect.com and resulted in sixteen (16) 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 Senior Public Works Inspector, the Environmental Programs Manager, two Assistant Engineers, 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. Gouveia Engineering, Inc. received the fifth highest average score, which was
3.87 of a possible 5.0.
SERVICES. Gouveia will provide on-call engineering 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.
FISCAL IMPACT: The agreement is for an amount not-to-exceed $999,000 per year and there is no guarantee a task order will be assigned to the contractor.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: This agreement is not considered a project.
ATTACHMENTS:
1. Resolution
2. Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AWARDING A CONTRACT FOR ON-CALL ENGINEERING SERVICES
TO GOUVEIA ENGINEERING INC. AND AUTHORIZING THE MAYOR TO
SIGN THE CONTRACT
WHEREAS, the City desires to have on-call engineering services; and
WHEREAS, City staff issued a Request for Proposals to solicit proposals for those services; and
WHEREAS, staff received sixteen (16) qualified responses; and
WHEREAS, following an evaluation of their qualifications, staff selected Gouveia Engineering Inc. 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 Engineering Services to Gouveia Engineering Inc. and authorizes the Mayor 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 on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
On Call Engineering 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 Gouveia Engineering, Inc. (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide On-call Engineering 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.
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.
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 by 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.
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.
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 signed 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:
Mario B. Gouveia, P.E.
Gouveia Engineering, Inc.
456 6th Street
Gustine, California 95322
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:
Mario B. Gouveia P.E., President Mia Casey, Mayor
ATTEST
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE
SCOPE OF SERVICES
The contractor shall provide on-call engineering services for a period of five (5) years on an as needed basis. The contractor shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The contractor may provide services to the City including, but not limited to, the following:
Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. Provide field surveys as requested.
Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Hollister Municipal Code. Review Subdivision Improvement Plans for compliance with the City of Hollister Improvement Standards.
Review developers’ site and utility plans.
Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
Provide maps and mapping services as requested.
Preparation and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.
Update and maintain City Improvement Standards and Specifications. Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same. Assist the City’s Engineering Division with presentations and/or recommendations to City staff administration, or City Council.
Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City.
Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act. Provide other engineering and design services as requested.
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.
EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $999,000 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.
EXHIBIT "C"
PROJECT STAFF
NAME TITLE
(Please provide only main contact and key staff)
EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF
APPPLICABLE)
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
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.
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.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-07
AGENDA ITEM: ADOPT A RESOLUTION APPROVING THE DRAFT ENGINEER’S
REPORT FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR
LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2024/2025
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Cristian Builes, Associate Engineer
RECOMMENDED ACTION: Adopt a resolution approving the Draft Engineer’s Report, as filed, for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2024/2025.
DISCUSSION:
On May 17, 1993, the City Council of the City of Hollister adopted Resolution No. 93 - 81 which declared its intention to form, levy, and collection of assessments against parcels of land within the boundary of Landscape and Lighting District No. 93 -1 to pay for the costs and expenses of operating, maintaining and servicing landscaping and lighting located within the public right-of-way and easements, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act).
On July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the Landscape and Lighting District No. 93-1.
On April 15, 2024, the City Council adopted Resolution No. 2024-054, which initiated the proceeding for the levy and collection of assessments for Landscape and Lightin g District No 93-1 and ordered the City Engineer to prepare the required Engineer’s Report for Fiscal Year 2024/2025 and file it with the City Clerk.
The City Engineer has prepared a Draft Engineer’s Report and filed it with the City Clerk. The Draft Engineer’s Report includes exhibits showing the Boundary Diagram and Collection Roll.
The District has been subdivided into three zones – Zone A, B and C. The fees for each zone differ due to the different services provided to each Zone. The benefits for the zones are described in Section 4, “Special Benefit Zones” of the Report. The Zone A is for “Street Light Operation, Maintenance, and Services.” Zone B is for “Landscaping Operation, Maintenance, and Services.” Zone C is for “Enhanced Landscaping, Operation, and Services”
The District is comprised of 3,596 assessable parcels. The 433 +/- parcels within Sunny Slope Village Subdivision pay the Zone A fee plus the Zone C fee ($152.12). All other parcels pay the Zone A fee plus the Zone B fee ($51.54).
A comparison of the amounts of the Fiscal Year 2023/2024 assessments to the FY 2024/2025 assessments is as follows:
Zone FY 2023/2024 per EDU FY 2024/2025 per EDU
A $24.20 $24.20
B $27.34 $27.04
C $127.92 $127.92
A previous City Council directed staff to offer a fifty percent (50%) reduction in the District Fee to senior citizens. Section 12, “Senior Citizen Fee Reduction” of the Draft Engineer’s Report describes the process for obtaining the reduction.
The City Council will hold a public hearing on June 3, 2024 at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers at 375 Fifth Street, Hollister, CA 95023. A notice of the hearing will be published.
FINANCIAL IMPACT: The budget reflects anticipated revenue of $223,669.25. This budget reflects a zero carryover of unexpected funds from the expended funds from FY 2023/2024. It is anticipated that some carryover of unexpended funds will occur.
PREVIOUS COUNCIL OR COMMISSION ACTION: On July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the Landscape and Lighting District No. 93-1.
CEQA: This action does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. Resolution
2. Draft Engineer’s Report
LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 93-1
FOR FISCAL YEAR 2024 /2025
CITY OF HOLLISTER
DRAFT ENGINEER’S REPORT
May 6, 2024
____________________________________
Mark Falgout, P.E.
Acting City Engineer
PREPARED BY:
CITY OF HOLLISTER
ENGINEERING DEPARTMENT
339 5th Street
Hollister, California 95023
2 INDEX
1. Executive Summary Statement
2. Introduction
3. District Boundaries
4. Special Benefit Zones
5. Description of Services, Operations and Maintenance
6. Plans and Modifications
7. Method of Apportionment
8. Basic Assessment Unit
9. Land Use Code Description
10. District Budget
11. Program
12. Senior Citizen Fee Reduction
13. No Bonded Indebtedness
14. Limitation on Increase of Annual Assessment
15. Collection Roll
Appendix:
1. Exhibit A (Map and list of Properties within the District)
2. Collection Roll (FY 2024 / 2025)
3 1. EXECUTIVE SUMMARY STATEMENT:
The City Engineer prepared this report, hereinafter known as the Report, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with section 22500 et seq., hereinafter known as the Act. As instructed, the Report identifies and documents the services, boundary, estimate of costs, method of apportionment, collection roll, and presents the analysis for the 2024 / 2025 fiscal year for Landscaping and Lighting District No. 93-1, hereinafter known as the District.
The annual assessment proposed to be levied against parcels of land within the Landscape and Lighting District No. 93-1 is not an increase from that of the 2023 / 2024 fiscal year. The general characterization of the nature, location, and extent of the improvements for Special Benefit Zones A, B, and C are included in this Report.
The Special Benefit Zones of the District are as follows:
Zone A: Street Lighting Operation, Maintenance, and Services The operation, maintenance, and services provided will be the energy cost and a replacement reserve for the street lights contained within noncontiguous development areas throughout the incorporated City limits. All of the properties in the District are included in this Zone. The boundary for Zone A is defined within Exhibit A of the Report.
Zone B: Landscaping Operation, Maintenance, and Services The operation, maintenance, and services for this zone are those required for the perimeter sound wall repair, landscape maintenance, plant replacement, pruning, trimming and preventive treatment for street trees, irrigation water, and electricity and maintenance for irrigation systems as applicable. All of the properties in the District are included in this zone except those parcels of land within Sunnyslope Villages.
The boundary for Zone B is defined within Exhibit A.
Zone C: Enhanced Landscaping (Sunnyslope Villages Only) The operation, maintenance, and services for this zone are those required for perimeter soundwall repair, landscape maintenance, plant replacement, shrubbery, pruning, trimming and preventive treatment for street trees, turf, irrigation water, electricity and maintenance for irrigation systems, entry monuments, hardscape, detention basin, walls, fencing, drainage detention facilities, drainage structures and appurtenant facilities. This Zone is for Sunnyslope Villages exclusively, and does not include any other area of the District. The lots or parcels within this zone will also be assessed for street lighting in Zone A. The boundary for Zone C is defined within Exhibit A.
2. INTRODUCTION
In compliance with the order of the Hollister City Council, and pursuant to the Act, this Report presents the analysis for the 2024 / 2025 fiscal year of the District.
4 The law allows the District, by direct benefit assessments, to provide funding for the installation, maintenance, operation, servicing, and administration of the following improvements:
A. The installation or construction of public lighting facilities including, but not limited to, street lighting and traffic signals;
B. The installation or planting of landscaping;
C. The installation or construction of statuary, fountains, or other ornamental structures and facilities;
D. The installation of park and recreational improvements;
E. The maintenance and/or servicing of the above;
F. The acquisition of land for park, recreational or open space purposes;
G. The installation or construction of facilities appurtenant to the above, or which are necessary, or convenient for the maintenance and servicing; and
H. Incidental expenses related to the District.
Section 22573 of the Act provides that assessments be apportioned with regard to benefit rather than according to assessed value. A portion of the Section is quoted as follows:
The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method, which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 [commencing with Section 5000]).
The Act also provides for the classification of various areas within an assessment district into different zones. Section 22574 states that where,
Because of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory, which will receive substantially the same degree of benefit from the improvements.
The assessments are levied based on benefit, are therefore not a tax, and are not regulated by Article XIIIA of the Constitution of the State of California.
5 3. DISTRICT BOUNDARIES
The boundaries of the District are as set by Exhibit A within the City limits of the City of Hollister.
The boundaries of the District are more particularly described in maps on file in the office of the San Benito County Recorder and/or County Assessor. Such maps are made a part of this report by reference. All lots and parcels of real property affected are listed on the Collection Roll, which is on file in the office of the City Clerk of the City of Hollister. The lots and parcels are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the office of the San Benito County Assessor. Such maps are made part of this report by reference.
4. SPECIAL BENEFIT ZONES:
Certain areas within the District receive differing degrees of benefit from certain improvements.
Zones of benefit have been established for parcels within these areas and are listed as follows:
Zone A: Street Lighting Operation, Maintenance, and Services
Zone B: Landscaping Operation, Maintenance, and Services
Zone C: Enhanced Landscaping Operation, Maintenance, and Services
5. DESCRIPTION OF SERVICES, OPERATIONS, & MAINTENANCE
The Services to be provided to the special benefit zones are as follows:
Improvements consisting of landscaping, irrigation systems, street paving, curb, and median repair; the landscaping includes, but is not limited to, maintenance personnel to perform pruning, cutting, trimming, fertilizing, and replacing of plant materials; supplying water and maintaining the irrigation systems in good, effective order; and supplying electricity for automatic meters and valves.
Services mean the furnishing of water for irrigation of landscaping, electricity, and the maintenance of any of the appurtenant facilities.
The landscaping and lighting operations, maintenance, and services to be provided within the special benefit zones will be located within public easement areas in connection with the boundary of Zone A, separately within Zone B and Zone C.
Zone A: Street Lighting Operation, Maintenance, and Services The services provided will be the energy cost and a replacement reserve for all of the street lights contained within noncontiguous development areas (Exhibit A) throughout the incorporated City limits. Eligible costs include, but are not limited to, poles, fixtures, bulbs, conduits, metering devices, anchors, posts and pedestals, guy wires and appurtenant facilities as required to provide lighting services.
6 Zone B: Landscaping Operation, Maintenance, and Services Operation, maintenance, and services required for the perimeter soundwall repair, landscaping maintenance, plant replacement, pruning, trimming and preventive treatment for street trees, irrigation water, electricity, and maintenance for irrigation systems, and all appurtenant structures as applicable.
Zone C: Enhanced Landscaping Operation, Maintenance, and Services Landscaping, planting, shrubbery, trees, turf, irrigation systems, entry monuments, hardscapes, detention basin, walls, fencing, drainage detention facilities, drainage structures, and appurtenant facilities.
6. PLANS AND SPECIFICATIONS:
Plans and specifications for the improvements to be installed, maintained, operated, and serviced through the District are on file in the office of the Engineering Department of the City of Hollister.
7. METHOD OF APPORTIONMENT:
In accordance with the Act, the net amount to be assessed upon lots or parcels within special benefit Zone A, Zone B, and Zone C are apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements, namely the maintenance, servicing and operation of public landscaping and lighting within their respective boundary.
The maintenance, servicing, operation, and improvements are contained solely within public rights-of-way and dedicated public easements to the City of Hollister, and provide a special benefit received by each lot or parcel within the respective special benefit zone boundary, tending to enhance their value.
Special benefit zone establishment, pursuant to the Act, provides that for equal benefits and services received by lots or parcels within a district, groupings (zones) may be created which allow the costs to be levied only upon those lots or parcels receiving that specific service.
Public Lighting Installation, Maintenance, Operation, and Servicing Assessment
The intensity or degree of illumination, of street lights can have an effect on traffic movement and security awareness of properties or property improvements. Thus, the maintenance, operation, and servicing of public lighting within the City provide a special benefit to the lots or parcels, tending to enhance property value.
The primary benefits of public lighting are:
A. Improved ingress and egress from lots or parcels in the District; and
B. Improved security or protection of property, property improvements, and goods.
7 Proper roadway lighting improves ingress and egress from lots or parcels by illuminating access location after sunset. Likewise, street lighting provides a heightened sense of security for property owners by improving night time visibility of such lots or parcels, and the access of emergency vehicles thereto.
Also, in the case of commercial lots or parcels, such lighting improves ingress, egress, and better facilities for the opening and operation of businesses after sunset.
The assessment formula recognizes that special benefits received from public lighting are based on the following criteria:
1. Property Related – Traffic Circulation
A. An improved ingress to and egress from lots or parcels within the District.
B. An improved ingress to and egress from commercial lots or parcels and corresponding promotion of business during nighttime hours.
2. Property Related – Security
A. Improved illumination after sunset and a corresponding reduction in vandalism and other criminal acts and damage to improvements.
B. Improved illumination after sunset and a corresponding improvement in the access of emergency vehicles to such parcels.
C. Improved illumination after sunset and a corresponding reduction in illegal dumping on vacant land.
3. Property Related – Intensity
A. Intensity or degree of illumination provided on adjacent streets varies with the type of street and the use of the adjacent property.
Public Landscaping (and related improvements) Installation, Maintenance, Operation, and Servicing Assessment
Proper maintenance, operation, and servicing of landscaping, street trees, sidewalks, pedestrian furniture and related amenities are beneficial to any urban environment and enhance property values. Similarly, landscaping along major streets and preventive care of street trees serve to create a more pleasant environment for motorists, residents and pedestrians, as well as an attractive buffer for occupants of adjacent properties. Such areas significantly enhance the value of the properties in the entire City and enhance the image of the City as a whole. The landscaping attributes are
8 related to each lot or parcel within the special benefit Zone B for all nonexempt parcels, excepting Zone C, which will address only the landscaping services benefitting Sunnyslope Village.
8. BASIC ASSESSMENT UNIT:
The basic assessment unit for this formula is the Equivalent Dwelling Unit (EDU), which is represented by the single family residence where the Traffic Circulation benefits are assigned one- half and security and intensity benefits are assigned one-quarter units each, for a total of one unit or EDU.
Traffic Circulation benefits for multiple family residences are determined on a decreasing scale with one and one-quarter units assigned for each dwelling unit up to four dwelling units. For five or more dwelling units, the total numbers of units are assigned one-half of a unit for each dwelling unit plus one and one-quarter units for Security and Intensity.
A weighted factor has been assigned to each Land Use Code, as coded by the Assessor’s Office of the County of San Benito, for the application of the fee to each lot or parcel. This formula prescribes equivalency factors proceeding from the base EDU Single Family Residential to all other eligible land use codes.
The following listing identifies the weight assignment for the respective land use codes:
9. LAND USE CODE DESCRIPTION: EDU Assignment
Agriculture 0.25 EDU / Acre with 0.25 EDU minimum
Single Family Res: Vacant 0.50 EDU / Acre with 0.50 EDU minimum Single Family Residential 1.00 EDU / Home
Condominium / PUD 0.90 EDU / Condo
Multi-Family Res: Vacant 0.50 EDU / Acre with 0.50 EDU minimum Multi-Family Duplex 1.75 EDU / Parcel
Multi-Family Triplex 2.50 EDU / Parcel
Multi-Family Fourplex 3.25 EDU / Parcel
Multi-Family Five Units or More [(total units x 0.50) + 1.25] x 1.00 EDU
Commercial / Industrial – Group 1 2.00 EDU / Parcel
Church
Parking Lots
Commercial / Industrial – Group 2 3.00 EDU / Parcel
Bank
Machine / Welding
9 Office Facilities
Repair Garage
Veterinary
Commercial / Industrial – Group 3 4.00 EDU / Parcel
Auto Parts Medical or Dental Office
Clubhouse and Lodges School or Day Care
Stores Retail Service Station
Funeral Home
Commercial / Industrial – Group 4 5.00 EDU / Parcel
Hotel Liquor Store Industrial
Auto Dealer Lumber Yard Cannery
Bar Motel Food Processing
Bowling Alley Mini Storage
Bulk Paint Restaurant
Car Wash Small Food & Gas
Cold Storage Small Food Store
Fast Food Restaurant Theater
Farm Supply / Equipment
Laundry
Commercial / Industrial – Group 5 5.00 EDU / Acre
Manufacturing
Mobile Home Park
Sand and Gravel
Shopping Center
Supermarket
Truck Facility
Warehouse
Winery
10. DISTRICT BUDGET:
The Fiscal Year 2024/2025 budget reflects administration, collection, maintenance, and operation expenses.
Zone A Budget Amount
Legal Counsel $500.00
Professional Accounting Services $2,000.00
10 Report Preparation and Administration $10,000.00
Street Pole Replacement $1,940.00
Energy Lamp Cost $70,528.47
Subtotal $84,968.47
Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2024 / 2025 Total $84,968.47
Units (EDU to Assess) 3,510.78
Yearly Assessment per EDU $24.20
Zone B Budget Amount
Legal Counsel $400.00
Professional Accounting Services $100.00
Report Preparation and Administration $1,270.00
Detention Pond $2,400.00
Streetscape Maintenance $17,913.00
Street Trees $21,550.00
Irrigation Water and Power $10,450.00
Chemicals $5,000.00
Sound Wall Maintenance $22,000.00
Plant Replacement $2,100.00
Subtotal $83,183.50
Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2024 / 2025 Total $83,183.50
Units (EDU to Assess) 3,076.78
Yearly Assessment per EDU $27.04
Zone C Budget Amount
Professional Accounting Services $350.00
Report Preparation and Administration $100.00
Streetscape Maintenance $10,000.00
Street Trees $9,635.00
Irrigation Water and Power $15,290.00
Chemicals $3,000.00
Sound Wall Maintenance $6,091.28
Plant Replacement $1,100.00
Detention Basin/Park $9,951.00
City Contributions $0.00
Subtotal $55,517.28
Plus Carry-Over Surplus/Deficit $0.00
11 Fiscal Year 2024 / 2025 Total $55,517.28
Units (EDU to Assess) 434.00
Yearly Assessment per EDU $127.92
TOTAL OF ALL ZONES FISCAL YEAR $223,669.25
2024 / 2025 ASSESSMENT
FINANCIAL IMPACT: Anticipate receiving approximately $223,669.25 in assessment revenue.
11. PROGRAM:
ZONE A: Street Lighting Operation and Maintenance
The total Zone A budget will be levied upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as assigned by the County of San Benito.
ZONE B: Street Tree Trimming, Parks, and Landscape Maintenance The total Zone B budget will be assessed upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as assigned by the County of San Benito.
ZONE C: Enhanced Landscaping Operation, Maintenance, and Service The total Zone C budget will be assessed upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as applicable, excluding lots and parcels within Zone C.
12. SENIOR CITIZEN FEE REDUCTION
The City Council has directed that a fifty percent (50%) reduction in the District Fee be offered to senior citizens. To be eligible for this reduction, a senior citizen must be sixty-two years of age or older and be a resident owner of the property. The request for reduction must be made in person, with proof of qualification and property information. It must be filed in the Finance Department of the City of Hollister every year that the District Fee is levied.
13. NO BONDED INDEBTEDNESS:
The City Council has declared that this District will not pursue Bonded Indebtedness to provide Service, Maintenance, and Operation requirements.
14. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT:
12 The City Council will comply with legal requirements to order the preparation of a Report and to conduct a public meeting and public hearing annually concerning the levy of assessments for the District in accordance with the Act.
15. COLLECTION ROLL:
The individual fee by special benefit zone, ordered and tabulated by Assessor Parcel Numbers, as assigned by the County of San Benito Assessor’s Office, is shown on the Collection Roll within the Appendix of this Report.
Respectfully Submitted,
__________________________________________________________ Mark Falgout, P.E., Acting City Engineer
2024/2025
20 24/2
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5
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE DRAFT ENGINEER’S REPORT FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1 FOR FISCAL YEAR 2024/2025
WHEREAS, on May 17, 1993, the City Council of the City of Hollister adopted Resolution No. 93 - 81 which declared its intention to form, levy and collect assessments against parcels of land within the boundary of Landscape and Lighting District No. 93 -1 to pay for the costs and expenses of operating, maintaining and servicing landscaping and lighting located within the public right-of-way and easements, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act); and
WHEREAS, on July 6, 1993, the City Council adopted Resolution No. 93 -111 which ordered the formation of the Landscape and Lighting District No. 93-1; and
WHEREAS, on April 15, 2024, the City Council of the City of Hollister adopted Resolution No. 2024-054 which approved the initiation of proceedings for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2024/2025 and ordered the City Engineer to prepare the required Engineer’s Report and file it with the City Clerk; and
WHEREAS, the City Engineer prepared the Draft Engineer’s Report for Landscape and Lighting District No. 93-1 for Fiscal Year 2024/2025 and filed it with the City Clerk; and
WHEREAS, the City Council wishes to approve the Draft Engineer’s Report to continue the process to levy and collect assessments for Landscape and Lighting District No. 93 - 1 for Fiscal Year 2024/2025.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the Draft Engineer’s Report dated May 6, 2024, for levy and collection of assessments for Landscape and Lighting District No. 93 -1 for Fiscal Year 2024/2025.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-15
AGENDA ITEM: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH
THE CITY OF SAN MATEO TO PROVIDE SEED SLUDGE FOR THE STARTUP OF
THEIR NEW WASTEWATER TREATMENT PLANT
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving an agreement with the City of San Mateo to provide seed sludge for the startup of their new wastewater treatment plant and authorize the City Manager to sign the agreement.
DISCUSSION: The City of San Mateo contacted Hollister Public Works last year to discuss the possibility of Hollister providing San Mateo with seed sludge to use for startup in their wastewater treatment plant upgrade and expansion. After considering the process and working out the details of how the transport of the sludge would occur, a draft agreement was provided by San Mateo and reviewed by City staff, including the City Attorney. The agreement was then approved by the San Mateo City Council at their meeting on March 18, 2024.
The City of San Mateo is currently under a Regional Water Quality Control Board Cease-and-Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to comply with the Cease-and- Desist Order. The WWTP Upgrade and Expansion Project (Project) is the largest of these CWP projects, which will result in a new treatment plant for processing wastewater.
Construction of San Mateo’s WWTP Upgrade and Expansion is nearing completion.
Once construction is completed and systems are tested with clean water, the treatment processes need to be “seeded.” Seeding consists of using sewage sludge to provide biological seed material to support growth of the bacteria needed to effectively treat wastewater. San Mateo needs a certain type of sludge to speed up the seeding process that is not produced at the existing WWTP. San Mateo staff evaluated options for importing sludge from other WWTPs and determined the City of Hollister provides a cost-effective solution to seed the new WWTP as it can provide the correct type of sludge at the lowest cost to transport. The WWTP Upgrade and Expansion project’s contractor will be scoped to obtain and transport the seed sludge, as well as seed the new WWTP.
FISCAL IMPACT: No cost to City of Hollister. Minimal savings to City due to not be
required to treat and dispose of the sludge being transported to San Mateo.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: The City of San Mateo prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). San Mateo City Council, on June 6, 2016, certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City of San Mateo prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.
ATTACHMENTS:
1. Resolution
2. Agreement signed by San Mateo
RESOLUTION NO. 2024__-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AN AGREEMENT WITH THE CITY OF SAN MATEO TO
PROVIDE SEED SLUDGE FOR THE STARTUP OF THEIR NEW
WASTEWATER TREATMENT PLANT AND AUTHORIZING THE CITY
MANAGER TO SIGN THE AGREEMENT
WHEREAS, the City of San Mateo is currently under a Regional Water Quality Control Board Cease-and-Desist Order requiring improvements to its Wastewater Treatment Plant (WWTP); and
WHEREAS, San Mateo’s Clean Water Program includes an upgrade and expansion of their WWTP; and
WHEREAS, once construction of their new WWTP is complete “seed” sludge will be needed to start-up the plant; and
WHEREAS, San Mateo public works staff researched the most cost effective solut ion to seed their new WWTP; and
WHEREAS, the City of Hollister Domestic Wastewater Treatment Plant (DWWTP) produces the proper type of sludge and is cost effective to transport to San Mateo; and
WHEREAS, all costs to collect and transport the sludge will be bourn entirely by the City of San Mateo.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the agreement to provide seed sludge and entry into the Domestic Wastewater Treatment Plant to the City of San Mateo and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 6, 2024, by the following vote:
AYES: _____
NOES: _____
ABSENT: _____
ABSTAINED: _____
________________________________
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
______________________________ _______________________________ Jennifer Woodworth, MMC, City Clerk Mary Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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RIGHT OF ENTRY AGREEMENT
BETWEEN
THE CITY OF HOLLISTER
AND
CITY OF SAN MATEO
THIS RIGHT OF ENTRY AGREEMENT (“AGREEMENT”) is entered into by and between the CITY OF SAN MATEO and the CITY OF HOLLISTER, a municipal corporation ("CITY"), upon execution by the CITY.
RECITALS
A. WHEREAS, the CITY OF SAN MATEO needs to obtain “seed” sludge from the CITY to be used in the commissioning of its new wastewater treatment plant, which the CITY has agreed to provide to the CITY OF SAN MATEO at no cost; and B.WHEREAS, the CITY OF SAN MATEO will be trucking the “seed” sludge from the premises of the City of Hollister Water Reclamation Facility (“WRF”) in the City of Hollister, County of San Benito, State of California; and C.WHEREAS, the CITY OF SAN MATEO desires to obtain access to those areas of the WRF premises designated on Exhibit A (vicinity of the Sludge Handling Building) (collectively “Properties”) attached hereto and incorporated by reference herein, for the purpose of trucking off-site sludge from the gravity belt thickener; and
D.WHEREAS, the CITY is willing to allow CITY OF SAN MATEO employees, agents, contractors, and consultants to enter the Properties for the purpose of trucking off-site sludge from the gravity belt thickener under the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
1.Right of Entry. CITY hereby grants to CITY OF SAN MATEO a temporary right of entry, as hereinafter described, on the Properties. Said right of entry is subject to all licenses, easements, leases, encumbrances, claims of title and agreements, affecting the Properties.
2.Purpose. Subject to the limits herein stated, the right of entry granted herein is a right to enter onto the Properties for the purposes of trucking off-site sludge from the gravity belt thickener (the "Project") for the purpose of starting DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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up the CITY OF SAN MATEO’S new Wastewater Treatment Plant, and at the locations shown on Exhibit A.
Hauling sludge off-site by the CITY OF SAN MATEO will entail the following:
Requirements of City of San Mateo:
1. Provision of all necessary trucks, mixing storage tank, pumps, piping, standby power and fuel to pump from the gravity belt thickener into the trucks. It is anticipated that 1 mixing storage tank and associated generator, and one trailer mounted diesel pump will be required.
2. Make necessary piping modifications on the discharge of the thickened sludge pump to allow conveyance to the mixing storage tank.
3. To haul the necessary sludge for startup of the CITY OF SAN MATEO’S new Wastewater Treatment plant will require up to 4 truck trips per day over a period of 20 working days (Monday through Friday). The trucks are anticipated to be tractor trailer truck up to 60 foot in length.
4. Upon completion of project remove all temporary facilities, convert thickened sludge pump discharge piping to original configuration and leave site to pre-existing conditions.
Requirements of City of Hollister
1. Adjust speed of gravity belt thickener and dosage of polymer to create 2 to 3 percent sludge.
2. Confirm the existing thickened sludge pump is operable.
3. Allow use of existing thickened sludge pump to pump sludge off of gravity belt thickener into mixing storage tank.
4. Provide “seed” sludge to City of San Mateo at no cost.
3.Limitations. Activities conducted pursuant to this right of entry shall be conducted only after CITY OF SAN MATEO has determined that no underground utilities or other hazards exist in the area of the proposed sludge hauling operation.
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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4.Term. Subject to the termination provision set forth in Section 6 below, the term of the right of entry shall be for a period of 60 days and begin upon execution of this Agreement by CITY or when the CITY OF SAN MATEO provides two weeks’ notice that sludge hauling operations will begin, whichever occurs later.
5.Terms and Conditions. The Right of Entry is given subject to the following terms and conditions.
5.1 No entry shall be made until CITY has received and approved: a schedule and scope for the proposed work and a list of the names of all agents and contractors of the CITY OF SAN MATEO
authorized by CITY OF SAN MATEO to enter the Properties.
Notice shall be provided to the CITY at least two weeks’ prior to the requested date of entry to coordinate site access and safety requirements for entry.
5.2 CITY OF SAN MATEO shall be responsible for coordination of work to avoid any utility conflicts, or conflicts with any Properties facilities and/or operations.
5.3 CITY OF SAN MATEO and its employees, agents and contractors shall comply with all applicable local, state, and federal laws and regulations including those laws which govern worker health and safety and reporting the use, handling, treatment, removal, or disposal of toxic or hazardous substances, materials or wastes, including without limitation all substances described in the definition of Hazardous Materials set forth in Exhibit B attached hereto and incorporated herein, which may exist on the
Properties (hereinafter "Hazardous Materials"); and shall obtain all required regulatory and governmental permits and licenses necessary to perform the work hereunder; shall conduct their operations on the Properties so as to avoid unfavorable impact upon the environment; shall comply with all applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21,000, et. seq.); and shall take all required steps to minimize dust and noise in
conformance with neighborhood and governmental standards.
5.4 All tools, equipment, and other property taken upon or placed upon the land by the CITY OF SAN MATEO shall remain the property of the CITY OF SAN MATEO and may be removed by the CITY OF SAN MATEO at any time within a reasonable period after the expiration of this permit or right-of-entry. CITY shall not be responsible for any tools, equipment or other property stored DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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ROE – CITY OF SAN MATEO
Sludge Hauling
03/21/2023
9 8
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or left on the Properties by the CITY OF SAN MATEO or its employees, agents and contractors.
5.5 Two (2) weeks prior to its entry onto the Properties, CITY OF SAN MATEO shall provide CITY with certificates of insurance or self-insurance acceptable to CITY from any contractor used by CITY OF SAN MATEO to conduct the activities covered by this Right of Entry, showing CITY as an additional insured party upon request and effective for the term of this right of entry. Insurance Coverage provided by contractors shall meet, at a minimum, the requirements set forth in Exhibit C attached hereto and incorporated herein.
5.6 CITY OF SAN MATEO and its employees, agents and contractors shall properly and lawfully transport and dispose of any and all drill cuttings, purged water and Hazardous Materials generated by the work of such parties on the Properties.
5.7 CITY OF SAN MATEO hereby agrees to indemnify, defend, assume all liability for and hold harmless CITY and its officers, employees, agents and representatives from any and all liability for any loss, damage, liability, or liability for damages, whether for loss of or damage to Properties, or injury to. or death of persons, which may arise out of operations by CITY OF SAN MATEO, its employees, agents or contractors on the Properties, except as such loss or damage as is caused by or arises out of the active negligence or willful misconduct of CITY, its agents, officers or employees. The foregoing shall include any loss, damage, claim, or liability for damages or injury caused by or resulting from generation of Hazardous Materials, or the creation of increased hazard to the public from existing materials arising from the operations of CITY OF SAN MATEO, its employees, agents or contractors.
5.8 Nothing herein shall be deemed to relieve the CITY OF SAN MATEO, its employees, agents or contractors from responsibility for any loss, damage, claim, or liability for damages or injury resulting from its activities conducted on CITY property.
5.9 If any action of the CITY OF SAN MATEO employees or agents in the exercise of this right-of-entry results in damage to the real property, the CITY OF SAN MATEO will, at its option, either repair such damage or make an appropriate settlement with the CITY.
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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5.10 Nothing herein shall be construed as a grant of title or any interest in the Properties.
5.11 Nothing herein shall be construed as an admission of liability by CITY of its responsibility as to any Hazardous Materials which may be found on the Properties, nor, except as expressly provided herein, as an admission of liability by CITY OF SAN MATEO as to any Hazardous Materials which may be found on the Properties.
5.12 CITY OF SAN MATEO shall obtain and maintain all necessary permits from the relevant agencies and comply with all current laws, ordinances, orders, rules, regulations and permits with respect to its performance of the activities relevant to this right of entry.
5.13 All work shall meet the requirements of the Standard Specifications of the City of Hollister for Public Works Construction.
5.14 CITY OF SAN MATEO will provide CITY with copies of all reports, data, maps, and other documentation prepared concerning the work at the Properties.
5.15 CITY shall have access to observe and to inspect any and all activities during the term of this Right of Entry.
6.Termi nation of Right of Entry. Either party shall have the right to terminate this Right of Entry, without cause, by giving not less than seven (7) days written notice of termination.
7.Notices. All notices given in conjunction with this Agreement shall be written, and shall be effective three (3) days after deposit in the U.S. Mail, first class postage prepaid to the applicable address stated below, or to such other address as the party may designate by written notice:
CITY OF SAN MATEO:CITY OF SAN MATEO
Public Works Department
330 W. 20th Ave
San Mateo, CA 94403
Attn: Matt Fabry, Director of Public Works
(650) 522-7300
CITY OF HOLLISTER: City of Hollister
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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ROE – CITY OF SAN MATEO
Sludge Hauling
03/21/2023
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William Via
Public Works Department
1321 South Street
Hollister, CA 95023
(831)-636-4370
8.Headings and Titles: The captions and paragraphs of this Right of Entry are only to assist the parties in reading and understanding this Right of Entry and shall have no effect upon the construction or interpretation of any part thereof.
IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written.
"CITY"
APPROVED AS TO FORM: CITY OF HOLLISTER, a municipal corporation By:
Name Name
Title Title
“CITY OF SAN MATEO”
CITY OF SAN MATEO, a municipal
government agency
By:
Matt Fabry
Public Works Director
Date:
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F 3/19/2024
A-1
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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EXHIBIT B
HAZARDOUS MATERIALS
For the purpose of this Agreement, “Hazardous Materials” shall mean any and all (a) substances, products, by-products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed under any Environmental Laws, and (b) any materials, substances, products, by-products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, by-products, or waste may give rise to liability under any Environmental Law or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of any state or federal court; and (c) any substance, product, by-product, waste or any other material which may be hazardous or harmful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without limitation, petroleum and/or asbestos materials, products, by-products, or waste.
For the purpose of this Agreement, “Environmental Laws” shall mean and include all federal, state, and local laws, statutes, ordinances, regulations, resolutions, decrees, and/or rules now or hereinafter in effect, as may be amended from time to time, and all implementing regulations, directives, orders, guidelines, and federal or state court decisions, interpreting, relating to, regulating or imposing liability (including, but not limited to, response, removal, remediation and damage costs) or standards of conduct or performance relating to industrial hygiene, occupational, health, and/or safety conditions, environmental conditions, or exposure to, contamination by, or cleanup of, any and all Hazardous Materials, including without limitation, all federal or state superlien or environmental clean-up statutes.
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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EXHIBIT C
INSURANCE REQUIREMENTS
CITY OF SAN MATEO shall procure and maintain for the duration of the agreement 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 by the CITY OF SAN MATEO, its agents, representatives, employees or subcontractors.
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 CITY OF SAN MATEO 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.
If the CITY OF SAN MATEO maintains broader coverage and/or higher limits than the minimums shown above, the City of Hollister (Entity) requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CITY OF SAN MATEO. 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
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 CITY OF SAN MATEO 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 CITY OF SAN MATEO’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 CITY OF SAN MATEO’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 DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CITY OF SAN MATEO’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The CITY OF SAN MATEO 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 CITY OF SAN MATEO’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
CITY OF SAN MATEO hereby grants to Entity a waiver of any right to subrogation which any insurer of said CITY OF SAN MATEO may acquire against the Entity by virtue of the payment of any loss under such insurance. CITY OF SAN MATEO 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 CITY OF SAN MATEO 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 unless approved in writing by Entity. Any and all deductibles and SIRs shall be the sole responsibility of CITY OF SAN MATEO or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Entity may deduct from any amounts otherwise due CITY OF SAN MATEO 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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
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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 CITY OF SAN MATEO must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
CITY OF SAN MATEO 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 CITY OF SAN MATEO’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.
DocuSign Envelope ID: CA264BB7-8C5A-457E-8E3D-4C7681F40C7F
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Fire-2024-02
AGENDA ITEM: ADOPT A RESOLUTION FOR THE 2024 WEED ABATEMENT
PROGRAM AND HOLD A PUBLIC HEARING
DEPARTMENT: Fire
DEPARTMENT HEAD: Rodney Dover, Interim Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant
RECOMMENDED ACTION: Adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.
DISCUSSION: Annually, the City has a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. The action proposed is to adopt the resolution declaring certain properties to constitute a public nuisance, ordering the abatement theron, setting a public hearing, and ordering notices to be sent to affected property owners. All costs associated with the program shall be assessed as liens filed on the property for which abatement is performed.
City Council previously adopted Resolution 2024-37 setting a public hearing for May 6, 2024, and declaring weeds to be a nuisance per Municipal Code 2.10.050 and per Government Code Sections 39560 et seq. authorizes the city council to declare properties in the City to be public nuisances and to abate said public nuisance by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties.
This public hearing is to hear objections to the proposed abatement of weeds and other flammable materials existing on said properties (Exhibit A); and written notice of the proposed abatement and hearing date was mailed to all affected property owners in the manner and form required by law (Exhibit B).
FISCAL IMPACT: Estimated cost of $10,000 – recovered from property owners.
PREVIOUS COUNCIL OR COMMISSION ACTION: Approved
CEQA: N/A
ATTACHMENTS:
1. Attachment A – Resolution
2. Exhibit A – 2024 Weed Abatement List
3. Exhibit B – Notice to Destroy Weeds
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
DECLARING THE CONDITION OF CERTAIN PROPERTIES TO
CONSTITUTE A PUBLIC NUISANCE, ORDERING THE ABATEMENT OF
WEEDS THEREON, AND CONDUCTING A HEARING FOR THE
RECEIPT OF OBJECTION TO THE PROPOSED ABATEMENT
WHEREAS, at the City Council Meeting on March 18, 2024, the City Council adopted Resolution 2024-37 declaring weeds to be a nuisance; and
WHEREAS, the City of Hollister Municipal Code 2.10.050 authorizes Hollister fire to cause the removal of uncultivated weeds and shrubs; and
WHEREAS, Government Code Sections 39560 et seq. authorizes the city council to declare properties in the City to be public nuisances and to abate said public nuisance by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties; and
WHEREAS, a public hearing was scheduled for May 6, 2024, in the City Hall council chambers to hear objections to the proposed abatement of weeds and other flammable materials existing on said properties; and
WHEREAS, written notice of the abatement date of May 1, 2024, and public hearing date of May 6, 2024, was mailed to all affected property owners in the manner and form required by law; and
WHEREAS, on May 6, 2024 at the public hearing, the City Council received and considered all reports, recommendations, and testimony relating to the proposed abatement of identified properties.
NOW, THEREFORE, BE IT RESOLVED:
1. The Fire Chief, and/or his representative or agent, is hereby authorized to abate weeds and other flammable materials existing or maintained on those properties identified in the attached Exhibit “A”.
2. The Fire Chief, and/or his representative or agent, shall keep an itemized accounting of costs relating to each such abatement, including administrative costs, and after confirmation by the City Council, said costs shall constitute a lien against the subject property, and a personal obligation of the property owner.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 6, 2024, by the following vote:
AYES: _____
NOES: _____
ABSENT: _____
ABSTAINED: _____
________________________________
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
______________________________ _______________________________ Jennifer Woodworth, MMC, City Clerk Mary Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on May 6, 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 on May 6, 2024
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
HOLLISTER FIRE DEPARTMENT
Fire Prevention Division
110 Fifth St, Hollister CA 95023 P: 831-636-4325 [email protected]
March 19, 2024
NOTICE TO DESTROY WEEDS
[GOVERNMENT CODE Section 39566]
NOTICE IS HEREBY GIVEN THAT on March 18, 2024 the City Council of the City of Hollister adopted Resolution 2024-37 declaring that noxious or dangerous weeds were growing upon or in front of the above-referenced property (“the Property”), and that said weeds and overgrown vegetation constitute a fire hazard subject to abatement. Reference is hereby made to Resolution 2024-37 for further particulars, a copy of which is on file in the office of the City Clerk, located at 375 Fifth Street, Hollister, CA, 95023.
City of Hollister has declared that the growth and accumulation of weeds in the incorporated areas of the city poses a fire, safety and public health risk and therefore declared weeds a recurring nuisance. Each property owner is responsible for abating the nuisance on the property/properties referenced above. THIS NOTICE APPLIES TO ALL LOTS AND PROPERTIES, whether vacant, undeveloped or improved lots. Undeveloped lot owners/caretakers must disc the properties and cross disc until weeds have been abated. Extra attention must be paid to weeds near property lines, fence lines, sidewalks, and must be maintained at all times. Improved lots less than 3 acres in size may abate the nuisance by mowing weeds to a height of ½ to 1 inch of the ground and maintain it at that height all year in accordance with Government Code 39560.
YOU ARE FURTHER NOTIFIED that by May 1, 2024 you must remove all weeds and over grown vegetation and maintain the property throughout the year, or the City will proceed to abate the nuisance and assess the costs thereof against the Property. If the City of Hollister abates your lot(s), there will be an added $250.00 administration fee per parcel in addition to the abatement costs.
Any owner objecting to any of the matters referenced herein may attend a Public Hearing of the City Council of the City of Hollister to be held on May 6, 2024 at 6:30 p.m., or as soon thereafter as the matter may be heard, at City Hall, 375 Fifth Street, Hollister, and such owner shall be heard and given due consideration. Failure to remove weeds within the time provided and/or object to the City’s proposed abatement will result in City abatement, with all costs, including the City’s administrative costs, assessed as a lien against the Property.
Carlos Bedolla
Fire Marshal
Hollister Fire Department
2024
Weed Abatement
Official List
Exhibit "A"
Parcel No.Owner/Caretaker Mailing Address Mailing Address1 City State Zip Physical Location 020-460-037-000 COUNTY OF SAN BENITO 481 4TH STREET Hollister CA 95023 HILLCREST ROAD 051-020-017-000 PONTO GARY C-VICKI L FAM TR P.O. Box 3596 Los Altos CA 94024 0 San Felipe Rd 051-020-019-000 PONTO GARY C-VICKI L FAM TR P.O. Box 3596 Los Altos CA 94024 50 Santa Ana Road 051-090-019-000 UNITED STATES POSTAL SERVICE 850 Cherry Ave San Bruno CA 94066 100 Maple Street - Open Lot 051-100-028-000 RODRIQUEZ RAMIRO JR-AZUCENA 740 Paullus Dr Hollister CA 95023 0 Chappell Rd 051-100-034-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd. 051-100-035-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd 051-100-036-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd 051-100-042-000 COUNTY OF SAN BENITO 481 4TH STREET Hollister CA 95023 0 N. Chappell Road 051-100-043-000 COUNTY OF SAN BENITO 481 4TH STREET HOLLISTER CA 95023 0 Chappell Rd 051-100-046-000 FELIPE NINE LLC A CALIF LTD LIAB CO 10 Harris Court, B-1 Monterey CA 93940 0 San Felipe Rd 051-100-047-000 CENTRAL COAST LEASSING LLC PO BOX 1697 Capitola CA 95010 773 San Felipe Rd 051-110-033-000 TTM VENTURES LLC A CALIF LTD LIAB CO PO Box 308 S San Francisco CA 94083 0 San Felipe Rd 051-110-037-000 H & G3 PROPERTIES LLC A CA LTD LIAB CO 512 Metz Rd King City CA 93930 0 McCloskey Rd 051-120-022-000 PRIDE CONVEYANCE SYSTEMS 9200 WATSON ROAD STE. 200 ST. LOUIS MO 63126 1700 Shelton Dr 051-120-028-000 SOLUTIONS NUTRIEN AG INC ADEL CORP 3005 ROCK MOUNTAIN AVENUE LOVELAND CO 80538 0 Shelton Dr 051-120-032-000 MENDES RICHARD JORGE-DIANE REBEIRO 2008 REV TRUST 1615 Alegria Place Hollister CA 95023 451 Fallon Dr 051-120-033-000 MARTIN ROMALDO V-JANICE 1192 Fallon Road Hollister CA 95023 0 Fallon Rd 051-120-040-000 FERNMAR 042 LP A CALIF LTD PARTNERSHIP 1600 El Camino Real C/O RALPH-FERNE CALACTERRA.Belmont CA 94002 191 Fallon Rd. 051-120-043-000 DAVIS THOMAS E LLC 2290 Bert Drive Hollister CA 95023 0 Fallon Rd 051-120-044-000 BERNS BERTRAM M TRUST P.O. Box 8469 San Jose CA 95155 0 Fallon Rd Created on: 3/21/08
Last Modified: 4/17/2024 1 Page 350 of 583
2024
Weed Abatement
Official List
Exhibit "A"
051-120-045-000 BERNS BERTRAM M TRUST P.O. Box 8469 San Jose CA 95155 0 Fallon Rd 051-120-047-000 MARICH CONFECTIONERY ASSOCIATES 2101 Bert Drive Hollister CA 95023 2101 Bert Dr 051-120-063-000 ARREDONDO PROPERTIES LLC 51 Fallon Road Hollister CA 95023 71 Fallon Rd 051-130-002-000 FILICE AG LANDS LLC 4400 Fairview Rd Hollister CA 95023 1531 & 1561 San Felipe Rd 051-130-003-000 SAN FELIPE STORAGE LLC A CA LTD LIAB CO 1571 SAN FELIPE ROAD Hollister CA 95023 1571 SAN FELIPE ROAD 051-140-012-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 0 Technology Pr 051-140-015-000 HANAGAN MICHAEL W-BEVERLY J 2360 Technology Pkwy Hollister CA 95023 2360 Technology Pkwy- Open Lot 051-140-021-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 Bert Drive PCL 3 051-151-001-000 NICHOLAS MARIA LETICIA & JOHN MARK 1456 WILDROSE COURT HOLLISTER CA 95023 0 Bert Dr 051-152-002-000 EVANS JAMES & YAP PEYLING 24 ROBERT PLACE MILBRAE CA 94030 2300 Bert Drive 051-152-008-000 KMG ELECTRONIC CHEMICALS INC A TX CORP 870 N COMMONS DRIVE AURORA IL 60504 0 Bert Drive Lot 19 051-152-010-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 0 Bert Drive PCL 2 051-161-010-000 CEZAR REV LIVING TRUST PO Box 1113 Tres Pinos CA 95075 0 Shelton Dr 051-161-011-000 CEZAR MICHAEL LORNE-JEANNIE ANN REV LIV TRUST PO Box 1113 Tres Pinos CA 95075 1520 Shelton Drive 051-161-015-000 SANCHEZ FLORENTINO & ANABEL 1211 CABRILLO DRIVE HOLLISTER CA 95023 1556 Lana Way 051-162-001-000 CALCATERRA FAMILY TRUST 1600 El Camino Real C/O FERNMAR MANAGEMENT Belmont CA 94002 0 Lana Lane 051-162-002-000 PACK DENNIS & HEIDI 2956 San Juan Canyon Road San Juan Bautista CA 95045 0 Lana Way 051-162-003-000 SUBURBAN PROPANE LP A DELAWARE LTD PART 240 Route 10 West Whippany NJ 07981 1801 Lana #100 051-162-004-000 BRYAN FAMILY TRUST 765 Seventh St.Hollister CA 95023 1701 Lana Lane 051-162-008-000 PRIDE CONVEYANCE SYSTEMS 9200 WATSON ROAD STE. 200 ST. LOUIS MO 63126 1590 SHELTON DRIVE 051-163-003-000 JAG REAL ESTATE HOLDINGS LLC PO Box 2602 Monterey CA 93942 0 Henrietta Ct 051-163-004-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Henrietta Ct Created on: 3/21/08
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2024
Weed Abatement
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Exhibit "A"
051-163-007-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Shelton Dr 051-163-009-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Court 051-163-010-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Ct 051-163-011-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Ct 051-163-013-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Shelton Dr 051-163-019-000 JAG REAL ESTATE HOLDINGS LLC A LTD LIAB CO PO Box 2602 Monterey CA 93942 0 Shelton Dr #B 051-170-009-000 GIMELLI KEN-JILL P.O. Box 1630 Hollister CA 95024 0 Apollo Way 052-040-020-000 HESTER CHAD REV TRUST 16111 Escobar Ave Los Gatos CA 95032 0 Fourth St 052-070-007-000 WORLD CLASS PROPERTIES LLC 1522 CONSTITUTION BLVD # 309 SALINAS CA 93905 0 FOURTH STREET 052-070-012-000 DABO CATHERINE M R REV TRUST 893 RIDGEMARK DRIVE MITCH DABO Hollister CA 95023 0 Fourth Street 052-090-008-000 SANCHEZ FRANK LIVING TRUST 10377 Bret Ave.DAVID & AMBER SANCHEZ Cupertino CA 94014 1550 San Juan Rd. 052-090-045-000 RAJKOVICHINVESTEMENT S COMPANY LP P.O. Box 189 Hollister CA 95024 0 FOURTH STREET 052-090-046-000 RAJKOVICH INVESTEMENT S COMPANY LP P.O. Box 189 Hollister CA 95024 0 FOURTH STREET 052-180-005-000 HESTER CHAD REV TRUST 16111 Escobar Ave Los Gatos CA 95032 0 Fourth St 052-360-001-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Graf Road 052-360-002-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 FOURTH STREET 052-360-003-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Fourth Street 052-360-004-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Fourth Street 052-360-005-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Fourth Street 053-292-015-000 BERNIER DAVID A-NINA 111 Locust Avenue Hollister CA 95023 115 Locust (Rear) Ave 053-310-003-000 DUBOIS TOD PO Box 502 Chicago Park CA 95712 Park Hill PCL 2 053-330-003-000 BARMINSKI ROBERT & CAROLINE 605 North Street Hollister CA 95023 0 Park Hill Created on: 3/21/08
Last Modified: 4/17/2024 3 Page 352 of 583
2024
Weed Abatement
Official List
Exhibit "A"
053-380-006-000 LOBUE TONY ET AL PO Box 283 Hollister CA 95024 0 Bolsa Rd 053-380-007-000 MORAR PRANAV KANJI 1639 Foxtail Court Hollister CA 95023 0 San Felipe Rd. 053-380-014-000 CITY OF HOLLISTER 375 Fifth Street Hollister CA 95023 0 San Felipe Road 053-380-016-000 LOBUE TONY ET AL PO Box 283 Hollister CA 95023 0 Bolsa Road 053-410-002-000 DUNN MICHAEL E & ALOSI ALBERT 3111 Meadow Lane Hollister CA 95023 430 Gateway Drive 053-410-006-000 CHONG ANDY ET AL 1860 Dobbin Drive San Jose CA 95133 0 GATEWAY 053-410-009-000 CHONG ANDY ET AL 1860 Dobbin Drive San Jose CA 95133 0 GATEWAY 053-420-003-000 CITY OF HOLLISTER 375 FIFTH STREET HOLLISTER CA 95023 0 BOLSA ROAD 053-420-006-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1951 Airway Drive lot 30 053-420-007-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1941 Airway Drive 053-420-008-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1931 Airway Drive 053-420-009-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1911 AEROSTAR 053-420-013-000 CLINK ROBERT E & LIGIA 515 Lonetree Road Hollister CA 95023 1810 Airway Dr Lot 5 053-420-014-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1791 Airway Dr 053-420-015-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1751 Airway Dr 053-420-016-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1710 Airway Dr 053-420-017-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 0 AIRWAY DRIVE 053-420-018-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 1700 Airway Drive 053-420-023-000 ENZ 2018 REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1890 Aerostar Drive/Airway DR Lot 9 053-420-025-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 AEROSTAR 053-420-026-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 AEROSTAR 053-420-027-000 PLANCK PROPERTIES LLC 556 DIAMOND BAR BLVD STE. 101 DIAMOND BAR CA 91765 1910 Aerostar Drive Created on: 3/21/08
Last Modified: 4/17/2024 4 Page 353 of 583
2024
Weed Abatement
Official List
Exhibit "A"
053-420-029-000 STALEY FAMILY TRUST 73 La Cima Lane Watsonville CA 95076 1930 Airway Dr 053-420-030-000 KNH LLC A CALIF LTD LIAB CO 630 Tevis Trail Hollister CA 95023 1940 Airway Dr 053-420-032-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 1960 Airway Dr 053-420-033-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 1970 Airway Dr 053-420-034-000 AIRPARK ASSOC LLC P.O. Box 2656 Hollister CA 95024 0 Airway Dr Lot 25 053-420-035-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 1950 Airway Dr PCL A 053-420-036-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 0 AIRWAY 053-420-038-000 AEROSTAR PROPERTIES LLC P.O. Box 2656 Hollister CA 95024 1871 Airway Dr 053-420-039-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 0 Flynn Rd 053-420-040-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 1750 Airway Drive 053-420-041-000 GILLIAN JANE ENZ 2017 REV TRUST P.O. Box 805 Hollister CA 95024 1800 Airway Drive 053-420-042-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 Aerostar Dr 053-420-043-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 1850 Airway Drive 053-440-055-000 COMMUNITY HOUSING IMPROVEMENT SYSTEMS & PLANNING 259 Main Street STE. 100 Salinas CA 93901 0 North Street, PTN PCL 2 054-120-007-000 ACE SOLUTIONS LLC 9707 BICKLEY DR HUNTINGTON BEACHCA 92646 435 SAN BENITO STREET 054-070-010-000 RIDGEFIELD STORAGE INC 1701 W. 16TH STREET Vancouver WA 98660 544 McCray Street 054-600-001-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 410 Hillcrest Road 054-600-002-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 0 Meridian Street 054-600-005-000 FAHMY LIVING TRUST 331 Santa Rosa Drive Los Gatos CA 95032 0 Hillcrest Road 054-600-006-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 0 Hillcrest Road 054-630-001-000 ROSATI - HOLLISTER LP 2700 CAMINO RAMON SUITE 130 SAN RAMON CA 94583 0 Santa Ana Road 055-030-026-000 SOUTH STREET LLC A CALIF LTD LIAB CO PO Box 6150 San Jose CA 95150 0 South St Created on: 3/21/08
Last Modified: 4/17/2024 5 Page 354 of 583
2024
Weed Abatement
Official List
Exhibit "A"
055-150-026-000 BERLANGA FRANCISCO & CHERUB 216 3RD STREET Hollister CA 95023 1150 Suiter - Open Lot 055-180-053-000 BISHOP E & R FAMILY TRUST 845 Lanini Drive Hollister CA 95023 1120 Homestead - 2 Open Lots 055-190-035-000 GRIMSLEY DAVID P 1055 Nash Road Hollister CA 95023 1045 Nash Rd 055-190-039-000 GRIMSLEY DAVID 1055 Nash Road Hollister CA 95023 1025 Nash Rd 055-220-038-000 NATMAR LPA CA LTD PART 12860 Star Ridge Court NATMAR A CA LIMITED PART Saratoga CA 95070 0 Glenmore Dr 055-220-039-000 NATMAR LPA CA LTD PART 12860 Star Ridge Court Saratoga CA 95070 0 Homestead Ave 056-250-024-000 CITY OF HOLLISTER MUNICIPAL CORP 375 Fifth Street Hollister CA 95023 0 McCRAY 056-050-012-000 SOLVENCIA PROPERTIES 835 Prospect Ave Hollister CA 95023 835#A #D#H Prospect Ave. 056-102-011-000 RODRIGUES RONALD-DIANA 1998 TR ET AL 2255 UNION RD HOLLISTER CA 95023 0 HAWKINS (REAR) STREET 056-110-001-000 CRUZ JOSEPH V - JANE DABO LIV TRUST 1295 SAN BENITO ST HOLLISTER CA 95023 45 HAWKINS STREET 057-070-064-000 ROEM DEVELOPMENT 1650 LAFAYETTE STREET SANTA CLARA CA 95050 0 Sunnyslope Rd/Versailles Dr 057-150-030-000 CITY OF HOLLISTER 375 Fifth Street Hollister CA 95023 0 Valley View Road 057-250-008-000 VANDERVOORT 1998 LIVING TRUST 535 MONTEREY STREET Hollister CA 95023 1573 Valley View Rd 057-440-001-000 VANDERVOORT LIVING TRUST 120 Magladry Road Hollister CA 95023 0 Valley View Rd 057-440-002-000 PARRA EDMUNDO G & KATHERINE J ET AL 1701 Valley View Road Hollister CA 95023 1701 Valley View Rd 057-740-001-000 NATMAR A CALIF LIMITED PART 12860 STAR RIDGE COURT SARATOGA CA 95070 0 SAN BENITO STREET PCL 3 057-770-040-000 ANNOTTI LANDING LLC 51 OLD RANCH ROAD HOLLISTER CA 95023 2001 Memorial Drive 059-020-005-000 QUAIL RUN HOMEOWNERS ASSOCIATION 755 Nash Road Hollister CA 95023 755 Nash Rd "Open Space" Created on: 3/21/08
Last Modified: 4/17/2024 6 Page 355 of 583
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-17
AGENDA ITEM: MEMORIAL DRIVE IMPROVEMENTS UPDATE
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Receive report and provide direction to staff.
DISCUSSION:
City Council provided previous direction to staff to investigate improvements to Memorial Drive near Sunnyslope Elementary School that would increase pedestrian safety. At the City Council meeting of February 20, 2024, staff presented three (3) alternatives for those improvements. The direction staff received at that m eeting was to install speed cushions as soon as possible (Installed March 18, 2024), order speed tables (received April 2, 2024 and scheduled for late May installation) and then continue with plans to design and implement a project featuring a lane diet, i mproved crosswalks, bike lanes, and parking on Memorial Drive (Alternative 1). Direction was also given to hold a public outreach event to ensure residents in the area and parents of children attending the school had an opportunity to voice their opinion about the proposed improvements.
After further discussions among staff, it was revealed that there had previously been two public outreach events and that the consensus from those meetings was also to implement the improvements contained in Alternative 1. Staff scheduled a third public outreach meeting in coordination and cooperation with the principal of the school to ensure Alternative 1 was still what was desired for improvements. Eighteen residents/parents attended the third meeting where a presentation was given explaining what the proposed improvements would be and what staff hoped to accomplish with those improvements, namely improved pedestrian safety.
All in attendance at the meeting agreed the improvements in Alternative 1 were the best way to proceed, and they looked forward to the improvements.
Staff seeks direction on whether to proceed with the improvements included in Alternative 1, in keeping with the desires of the community members who attended the meetings.
FISCAL IMPACT: None at this time, the decision to move forward with the proposed improvements will affect the budget for the project.
PREVIOUS COUNCIL OR COMMISSION ACTION: Direction to install speed cushions and hold a public outreach meeting.
CEQA: Not applicable for this informational item.
ATTACHMENTS:
1. Presentation
2. May 4, 2022 - Memorial Drive Traffic Calming Memo
3. March 20, 2024 – Memorial Drive Traffic Calming Meeting #3 Flyer
Memorial Drive Pedestrian
Crosswalk
May 2024
ALTERNATIVE NO. 1
•ALTERNATIVE NO. 1 $1,298,000.00
IMPROVEMENT COST ESTIMATE
QUESTIONS?
Citywide Traffic Calming Studies
1 TECHNICAL MEMORANDUM
To: City of Hollister
From: Derek Wu P.E., Mark Falgout P.E. Kimley-Horn and Associates, Inc.
Date: May 4, 2022
Re: Citywide Traffic Calming Studies – Memorial Drive
1. Introduction
Kimley-Horn and Associates, Inc. (Kimley-Horn) is working with the City of Hollister (City) to evaluate potential traffic calming improvements along existing City streets to control vehicle speeds and improve accessibility for bikes and pedestrians. Based on past efforts and results, the City is seeking to install immediate and cost -effective roadway improvements focused on enhancing traffic operations and traffic calming in the residential neighborhoods.
This technical memorandum summarizes the traffic ca lming data collection and conceptual traffic calming layouts for the following roadway s egments :
• Memorial Drive – From Meridian Street to its southern terminus south of Sunset Drive (approximately 1.3 miles)
This corridor is classified as an a rterial facility per the Hollister General Plan. Per the 2020 Hollister Complete Street Plan prepared by Alta and W-Trans, the recommended improvements include road diet striping , buffered bike lanes , and mid-block crossings . The traffic calming measures from the study also highlight speed reductions at schools and public park spaces, protected Class IV bike facilities, and roundabout control at intersections where applicable along the corridor . An overview map of the study roadway is shown in Figure 1.
Figure 1: Memorial Drive Study Roadway
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Citywide Traffic Calming Studies
2 2. Speed Cushion Feasibility
The City of Hollister currently does not have an established traffic calming or speed cushion policy. A feasibility analysis was conducted to determine whether speed cushions are warranted and a viable traffic calming measure for the study roadways based on best practices and engineering judgement from the Institute of Transportation Engineers (ITE) Guidelines for the Design and Application of Speed Humps. The following evaluation criteria was used for speed cushion application:
1. Speed cushion is a feasible traffic calming measure if all the criteria are met:
• Roadway is classified as a Collector or Local Street per City General Plan • Roadway posted speed limit is 30 mph or less
• Roadway has no more than 1 travel lane in each direction • Roadway grades are less than 8 percent
• Roadway has less than 5 percent of long -wheelbase truck vehicles in average daily traffic (ADT) volumes
2. Speed cushion is warranted for implementation if:
• Roadway observed 85th percentile speed (critical speed) is greater than the posted speed limit by 5 mph or more.
3. Traffic Data Collection
City of Hollister Development Services staff collect ed 24-hour speed and volume traffic counts at the study roadways listed above. The objective of this data collection effort involves placing tube -counters at several locations to confirm the peak traffic volumes and 85th percentile vehicle speeds along the s tudy roadway for traffic calming determination. The traffic data collection was conducted from 3/1/2022 to 3/3/2022.
Table 1 and Attachment A of the Appendix summarize the traffic speed and volume data at the study roadways.
Table 1: Volume and Speed Summary
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Memorial Drive South of Peach Ct Arterial 2 NB 2147 35.7 42.1 40 2.1 FALSE NO Memorial Drive South of Peach Ct Arterial 2 SB 1939 33.6 39.2 35 4.2 FALSE NO Memorial Drive South of Hillcrest Rd Arterial 2 NB 2357 35.4 42.4 35 7.4 FALSE NO Memorial Drive South of Hillcrest Rd Arterial 2 SB 2201 32.8 39.2 40 -0.8 FALSE NO Memorial Drive South of Cedar Dr Arterial 1 NB 451 27.5 33.3 25 8.3 FALSE NO Memorial Drive South of Cedar Dr Arterial 1 SB 459 28.6 34.1 25 9.1 FALSE NO
Citywide Traffic Calming Studies
3 Memorial Drive North of Sunnyslope Road
This roadway segment is classified as an Arterial facility and has a posted speed limit ranging between 35 mph and 40 mph. The 2018 Hollister Engineering & Traffic Survey prepared by T JKM recommends the speed limit on Memorial Drive (Segment #21 and #22) to be decreased to 35 mph from Sunnyslope Road to Meridian Street.
Under existing conditions, the 85th percentile speeds along this section of Memorial are 42 mph in the northbound direction and 39 mph in the southbound direction. The northbound speed exceeds the 35 mph posted speed limit by more than 5 mph while the southbound speed exceeds the posted speed limit by less than 5 mph. Since this section of Memorial Drive is classified as an Arterial facility in the General Plan and has more than one travel lane in each direction, a speed cushion is not a feasible traffic calming measure per ITE criteria.
Memorial Drive South of Sunnyslope Road
This roadway segment is classified as an Arterial facility and has a posted speed limit of 25 mph. The 2018 Hollister Engineering & Traffic Survey prepared by TJKM recommends the speed limit on Memorial Drive (Segment #23) to be decreased to 25 mph from Sunnyslope Road to Sunset Drive.
Under existing conditions, the 85th percentile speeds along this section of Memorial are 33 mph in the northbound direction and 34 mph in the southbound direction. These speeds exceed the 25 mph posted speed limit by more than 5 mph; however, s ince this section of Memorial Drive is classified as an Arterial facility in the General Plan, a speed cushion is not a feasible traffic calming measure per ITE criteria.
Citywide Traffic Calming Studies
4 4. Traffic Calming Layouts
For Memorial Drive, the existing roadway condition is not suitable for speed cushions to be a feasible traffic calming measure along this study segment . The traffic data indicates that a majority of vehicles are traveling at critical speeds above the posted speed limit . In lieu of speed cushions and vertical deflection features, other potential engineering traffic calming measures such as horizontal deflection or road diet striping could reduce speeds and improve multi-modal access along the corridor .
The Federal Highway Administration (FHWA) traffic calming toolbox was evaluated to determine cost effective measures that could be implemented along Memorial Drive to create a safer atmosphere for motorists, pedestrians, and bicyclists.
Complete Streets Plan
The 2020 Hollister Complete Streets Plan prepared by Alta and W-Trans identifies near -term and long - term traffic calming improvement s along the corridor. In addition, Memorial Drive is identified as a future Class II bicycle facility from Sunset Drive to Santa Ana Road per the Hollister General Plan, and it is recommended to install bike lane markings, striping, and signage along the roadway segment.
For the near -term, the following traffic calming improvements are proposed for Memorial Drive:
• Road diet striping transitioning the road to one vehicle travel lane in each direction with a center turn lane from Sunset Drive to Meridian Street
• Buffered Class II bike lanes in both directions
• Mid-block crosswalks augmented with curb bulb-outs, rectangular rapid flashing beacons (RRFBs), and median refuges for improved pedestrian access to the park and school • Existing on-street parking along the road segment would remain
For the long -term, the following additional improvements are proposed for Memorial Drive:
• Buffered landscaped area between the bike lane and on-street parking to provide additional protection for bicyclists and pedestrians (Class IV bike facility) • Raised speed tables at the mid-block crossings
• Install a traffic signal or roundabout at the Memorial / Hillcrest intersection • Install curb bulb-outs to enhance bike and pedestrian access at the Memorial / Sunset intersection
• Install curb bulb-outs to enhance bike and pedestrian access at the Memorial / Meridian intersection with the future Memorial Drive extension project to Santa Ana Road
After implementing the proposed traffic calming improvements, it is recommended to conduct a new engineering and traffic survey along Memorial Drive to validate the 85th percentile speeds and update the posted speed limit in regard to the improved roadway conditions.
The near-term and long -term cross-sections for Memorial Drive from the Complete Streets Plan are shown below in Figure 2 and Figure 3 for reference.
Citywide Traffic Calming Studies
5 Figure 2: Memorial Drive Near Term Improvements
Figure 3: Memorial Drive Long Term Improvements
Concept Traffic Calming Improvements
A series of traffic calming layouts for Memorial Drive were prepared based on the recommendations from the Complete Streets Plan. The concept near term and long term traffic calming layout are provided in Attachment B and Attachment C of the Appendix.
The proposed traffic calming improvements at the Memorial Drive / Hillcrest Road intersection were analyzed in Synchro for existing and General Plan buildout conditions to determine level-of-service (LOS) traffic operations. The proposed road diet geometry and roundabout configuration would yield acceptable intersection LOS C or better per City standard. The LOS results are provided in Attachment D of the Appendix.
5. Appendix
• Attachment A – Speed and Volume Traffic Data Collection • Attachment B – Alternative 1 Near Term Concept Traffic Calming Layouts • Attachment C – Alternative 2 Long Term Concept Traffic Calming Layouts • Attachment D – Synchro LOS Results Memorial/Hillcrest Intersection
Date\Speed Southbound (MPH) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 5 5 11 69 136 269 655 568 184 23 4 2 1 1 1933 3/02/2022 3 5 10 70 116 280 676 600 175 26 3 2 0 0 1966 3/03/2022 2 5 11 71 107 283 690 568 150 22 7 0 2 0 1918 Total 10 15 32 210 359 832 2021 1736 509 71 14 4 3 1 5817 85 percentile = 38
Date\Speed Northbound (MPH)1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 0 1 4 44 123 212 560 720 334 95 18 4 0 1 2116 3/02/2022 0 0 7 55 131 218 510 706 357 97 30 4 2 0 2117 3/03/2022 0 0 4 66 116 227 641 716 318 88 28 2 1 0 2207 Total 0 1 15 165 370 657 1711 2142 1009 280 76 10 3 1 6440 85 percentile = 41
Date\Speed Combined (MPH)1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 5 6 15 113 259 481 1215 1288 518 118 22 6 1 2 4049 3/02/2022 3 5 17 125 247 498 1186 1306 532 123 33 6 2 0 4083 3/03/2022 2 5 15 137 223 510 1331 1284 468 110 35 2 3 0 4125 Total 10 16 47 375 729 1489 3732 3878 1518 351 90 14 6 2 12257 85 percentile = 40
SB 0.2% 0.3% 0.6% 3.6% 6.2% 14.3% 34.7% 29.8% 8.8% 1.2% 0.2% 0.1% 0.1% 0.0% SB Speed Percentile 0.2% 0.4% 1.0% 4.6% 10.8% 25.1% 59.8% 89.7% 98.4% 99.6% 99.9% 99.9% 100.0% 100.0% NB 0.0% 0.0% 0.2% 2.6% 5.7% 10.2% 26.6% 33.3% 15.7% 4.3% 1.2% 0.2% 0.0% 0.0% NB Speed Percentile 0.0% 0.0% 0.2% 2.8% 8.6% 18.8% 45.3% 78.6% 94.3% 98.6% 99.8% 99.9% 100.0% 100.0% Combined 0.1% 0.1% 0.4% 3.1% 5.9% 12.1% 30.4% 31.6% 12.4% 2.9% 0.7% 0.1% 0.0% 0.0% Combined Speed Percentile 0.1% 0.2% 0.6% 3.7% 9.6% 21.8% 52.2% 83.8% 96.2% 99.1% 99.8% 99.9% 100.0% 100.0% SB NB All
Posted Speed Limit (MPH)35 35 35
Percent Under Limit 59.8% 45.3% 52.2%
Percent 10 mph Over Limit 1.6% 5.7% 3.8%
Memorial Drive North of Peach St
KHA_Memorial Traffic Counts Speed & Volume.xlsx Page 368 of 583
Date\Speed Northbound (MPH) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 1 3 27 55 104 426 763 537 194 58 15 3 0 1 2187 3/02/2022 6 5 60 83 111 440 753 495 198 48 5 1 1 1 2207 3/03/2022 1 7 47 93 119 458 729 533 171 36 9 4 0 2 2209 Total 8 15 134 231 334 1324 2245 1565 563 142 29 8 1 4 6603 85 percentile = 39
Date\Speed Southbound (MPH)5-Jan 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 2 15 25 65 46 214 639 715 417 115 36 1 1 2 2293 3/02/2022 7 13 45 107 52 225 681 704 379 96 34 8 5 4 2360 3/03/2022 9 26 50 93 52 235 751 684 357 126 27 6 1 0 2417 Total 18 54 120 265 150 674 2071 2103 1153 337 97 15 7 6 7070 85 percentile = 42
Date\Speed Combined (MPH)1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 3 18 52 120 150 640 1402 1252 611 173 51 4 1 3 4480 3/02/2022 13 18 105 190 163 665 1434 1199 577 144 39 9 6 5 4567 3/03/2022 10 33 97 186 171 693 1480 1217 528 162 36 10 1 2 4626 Total 26 69 254 496 484 1998 4316 3668 1716 479 126 23 8 10 13673 85 percentile = 41
SB 0.1% 0.2% 2.0% 3.5% 5.1% 20.1% 34.0% 23.7% 8.5% 2.2% 0.4% 0.1% 0.0% 0.1% SB Speed Percentile 0.1% 0.3% 2.4% 5.9% 10.9% 31.0% 65.0% 88.7% 97.2% 99.4% 99.8% 99.9% 99.9% 100.0% NB 0.3% 0.8% 1.7% 3.7% 2.1% 9.5% 29.3% 29.7% 16.3% 4.8% 1.4% 0.2% 0.1% 0.1% NB Speed Percentile 0.3% 1.0% 2.7% 6.5% 8.6% 18.1% 47.4% 77.2% 93.5% 98.2% 99.6% 99.8% 99.9% 100.0% Combined 0.2% 0.5% 1.9% 3.6% 3.5% 14.6% 31.6% 26.8% 12.6% 3.5% 0.9% 0.2% 0.1% 0.1% Combined Speed Percentile 0.2% 0.7% 2.6% 6.2% 9.7% 24.3% 55.9% 82.7% 95.3% 98.8% 99.7% 99.9% 99.9% 100.0% SB NB All
Posted Speed Limit (MPH)35 35 35
Percent Under Limit 65.0% 47.4% 55.9%
Percent 10 mph Over Limit 2.8% 6.5% 4.7%
Memorial Drive South of Hillcrest Rd
KHA_Memorial Traffic Counts Speed & Volume.xlsx Page 369 of 583
Date\Speed Northbound (MPH) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 7 4 13 85 249 470 282 65 13 100001189
3/02/2022 5 1 0 11 34 57 36 16 200000162
3/03/2022 100000000000001
Total 13 5 13 96 283 527 318 81 15 100001352
85 percentile = 32
Date\Speed Southbound (MPH)1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 0 2 23 108 146 387 350 85 12 200001115
3/02/2022 1 0 9 29 29 77 83 23 320000256
3/03/2022 021211000000007
Total 1 4 33 139 176 465 433 108 15 400001378
85 percentile = 33
Date\Speed Combined (MPH)1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total 3/01/2022 7 6 36 193 395 857 632 150 25 300002304
3/02/2022 6 1 9 40 63 134 119 39 520000418
3/03/2022 121211000000008
Total 14 9 46 235 459 992 751 189 30 500002730
85 percentile = 33
NB 1.0% 0.4% 1.0% 7.1% 20.9% 39.0% 23.5% 6.0% 1.1% 0.1% 0.0% 0.0% 0.0% 0.0% NB Speed Percentile 1.0% 1.3% 2.3% 9.4% 30.3% 69.3% 92.8% 98.8% 99.9% 100.0% 100.0% 100.0% 100.0% 100.0% SB 0.1% 0.3% 2.4% 10.1% 12.8% 33.7% 31.4% 7.8% 1.1% 0.3% 0.0% 0.0% 0.0% 0.0% SB Speed Percentile 0.1% 0.4% 2.8% 12.8% 25.6% 59.4% 90.8% 98.6% 99.7% 100.0% 100.0% 100.0% 100.0% 100.0% Combined 0.5% 0.3% 1.7% 8.6% 16.8% 36.3% 27.5% 6.9% 1.1% 0.2% 0.0% 0.0% 0.0% 0.0% Combined Speed Percentile 0.5% 0.8% 2.5% 11.1% 27.9% 64.3% 91.8% 98.7% 99.8% 100.0% 100.0% 100.0% 100.0% 100.0% NB SB All
Posted Speed Limit (MPH)25 25 25
Percent Under Limit 30.3% 25.6% 27.9%
Percent 10 mph Over Limit 7.2% 9.2% 8.2%
Memorial Drive South of Caputo Ct
KHA_Memorial Traffic Counts Speed & Volume.xlsx Page 370 of 583
MEMORIAL DRIVE
SOUTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
SOUTH OF SUNSET
NEAR TERM TRAFFIC CALMING
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 1
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
T
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MEMORIAL DR MA
T
C
H
L
I
N
E
WE
S
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W
A
R
D
D
R
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
R
T
H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 2
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DRMA
T
C
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E
MA
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C
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I
N
E
SU
N
S
E
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D
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JU
N
I
P
E
R
D
R
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
R
T
H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 3
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DRMA
T
C
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I
N
E
MA
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I
N
E
CA
P
U
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O
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OA
K
S
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CE
D
A
R
D
R
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
R
T
H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 4
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DR
MA
T
C
H
L
I
N
E
MA
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I
N
E
SU
N
N
Y
S
L
O
P
E
R
D
VE
R
D
U
N
A
V
E
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
R
T
H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 5
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DR
MA
T
C
H
L
I
N
E
MA
T
C
H
L
I
N
E
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
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H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 6
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DR
MA
T
C
H
L
I
N
E
MA
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C
H
L
I
N
E
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
R
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H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 7
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DR
MA
T
C
H
L
I
N
E
MA
T
C
H
L
I
N
E
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
N
O
R
T
H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 8
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
HI
L
L
C
R
E
S
T
R
D
AP
P
L
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MEMORIAL DR
MA
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I
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MA
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H
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I
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N
O
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CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 1 - NEAR TERM
PROPOSED TC LAYOUT - SHEET 9
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MEMORIAL DR
MA
T
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H
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MA
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I
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-
S
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B
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ME
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PL
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MEMORIAL DR
MA
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-
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E
A
B
O
V
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PE
A
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CH
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R
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Y
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PE
A
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MEMORIAL DRIVE
SOUTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
SOUTH OF SUNSET
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 1
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
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MA
T
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WE
S
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W
A
R
D
D
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MEMORIAL DR
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
NEAR TERM TRAFFIC CALMING
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
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MEMORIAL DRMA
T
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I
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MA
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I
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SU
N
S
E
T
D
R
JU
N
I
P
E
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D
R
ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 2
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
T
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MEMORIAL DRMA
T
C
H
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I
N
E
MA
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I
N
E
CA
P
U
T
O
C
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OA
K
S
T
CE
D
A
R
D
R
ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 3
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
BETWEEN SUNNYSLOPE AND HILLCREST
LONG TERM TRAFFIC CALMING
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
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MA
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H
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MA
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H
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I
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VE
R
D
U
N
A
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ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 4
MEMORIAL DR
SU
N
N
Y
S
L
O
P
E
R
D
VE
R
D
U
N
A
V
E
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
BETWEEN SUNNYSLOPE AND HILLCREST
LONG TERM TRAFFIC CALMING
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
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MA
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H
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N
E
MA
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H
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N
E
ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 5
MEMORIAL DR
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
BETWEEN SUNNYSLOPE AND HILLCREST
LONG TERM TRAFFIC CALMING
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
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MA
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H
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E
MA
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H
L
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ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 6
MEMORIAL DR
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
BETWEEN SUNNYSLOPE AND HILLCREST
LONG TERM TRAFFIC CALMING
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
N
O
R
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MA
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MA
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ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 7
MEMORIAL DR
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
EXISTING CONDITIONS
MEMORIAL DRIVE
NORTH OF SUNSET
N
O
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H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022 ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 8
DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
HI
L
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AP
P
L
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MEMORIAL DR
MA
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MA
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H
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N
O
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H
CITY OF HOLLISTER - MEMORIAL DRIVE TRAFFIC CALMINGMAY 2022DWW-197008240
CONCEPT LAYOUT FOR
PLANNING PURPOSES.
NOT FOR CONSTRUCTION
MA
T
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MA
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A
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ALTERNATIVE 2 - LONG TERM
PROPOSED TC LAYOUT - SHEET 9
MEMORIAL DR
ME
R
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D
I
A
N
S
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PL
U
M
C
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MEMORIAL DR
PE
A
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A
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HCM 6th AWSC Timing Plan: AM Peak
23: Memorial Dr & Hillcrest Rd 05/09/2022
Near Term Traffic Calming Hollister General Plan Update 7:00 am 04/03/2018 Existing Conditions Synchro 11 Report Kimley Horn and Associates, Inc.Page 1
Intersection
Intersection Delay, s/veh 13
Intersection LOS B
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Vol, veh/h 28 133 52 59 270 90 71 166 59 35 88 26 Future Vol, veh/h 28 133 52 59 270 90 71 166 59 35 88 26 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, %333444333333
Mvmt Flow 30 145 57 64 293 98 77 180 64 38 96 28
Number of Lanes 020020110110
Approach EB WB NB SB
Opposing Approach WB EB SB NB
Opposing Lanes 2222
Conflicting Approach Left SB NB EB WB
Conflicting Lanes Left 2222
Conflicting Approach Right NB SB WB EB
Conflicting Lanes Right 2222
HCM Control Delay 11.5 13.6 14 11.8
HCM LOS BBBB
Lane NBLn1 NBLn2 EBLn1 EBLn2 WBLn1 WBLn2 SBLn1 SBLn2
Vol Left, %100% 0% 30% 0% 30% 0% 100% 0%
Vol Thru, %0% 74% 70% 56% 70% 60% 0% 77%
Vol Right, %0% 26% 0% 44% 0% 40% 0% 23%
Sign Control Stop Stop Stop Stop Stop Stop Stop Stop
Traffic Vol by Lane 71 225 95 119 194 225 35 114
LT Vol 71 0 28 0 59 0 35 0
Through Vol 0 166 67 67 135 135 0 88
RT Vol 0 59 0 52 0 90 0 26
Lane Flow Rate 77 245 103 129 211 245 38 124
Geometry Grp 77777777
Degree of Util (X) 0.157 0.451 0.2 0.234 0.391 0.424 0.081 0.24 Departure Headway (Hd)7.329 6.632 7.014 6.549 6.68 6.241 7.642 6.967 Convergence, Y/N Yes Yes Yes Yes Yes Yes Yes Yes
Cap 487 540 507 544 536 572 466 512
Service Time 5.114 4.417 4.814 4.349 4.465 4.026 5.441 4.766 HCM Lane V/C Ratio 0.158 0.454 0.203 0.237 0.394 0.428 0.082 0.242 HCM Control Delay 11.5 14.8 11.6 11.4 13.7 13.6 11.1 12 HCM Lane LOS BBBBBBBB
HCM 95th-tile Q 0.6 2.3 0.7 0.9 1.8 2.1 0.3 0.9
HCM 6th AWSC Timing Plan: PM Peak
23: Memorial Dr & Hillcrest Rd 05/09/2022
Near Term Traffic Calming Hollister General Plan Update 7:00 am 04/03/2018 Existing Conditions Synchro 11 Report Kimley Horn and Associates, Inc.Page 1
Intersection
Intersection Delay, s/veh 15.1
Intersection LOS C
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Vol, veh/h 34 245 162 71 205 42 97 118 52 96 119 21 Future Vol, veh/h 34 245 162 71 205 42 97 118 52 96 119 21 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, %111111333333
Mvmt Flow 37 266 176 77 223 46 105 128 57 104 129 23
Number of Lanes 020020110110
Approach EB WB NB SB
Opposing Approach WB EB SB NB
Opposing Lanes 2222
Conflicting Approach Left SB NB EB WB
Conflicting Lanes Left 2222
Conflicting Approach Right NB SB WB EB
Conflicting Lanes Right 2222
HCM Control Delay 16.8 14.3 14.3 13.8
HCM LOS C B B B
Lane NBLn1 NBLn2 EBLn1 EBLn2 WBLn1 WBLn2 SBLn1 SBLn2
Vol Left, %100% 0% 22% 0% 41% 0% 100% 0%
Vol Thru, %0% 69% 78% 43% 59% 71% 0% 85%
Vol Right, %0% 31% 0% 57% 0% 29% 0% 15%
Sign Control Stop Stop Stop Stop Stop Stop Stop Stop
Traffic Vol by Lane 97 170 157 285 174 145 96 140
LT Vol 97 0 34 0 71 0 96 0
Through Vol 0 118 123 123 103 103 0 119
RT Vol 0 52 0 162 0 42 0 21
Lane Flow Rate 105 185 170 309 189 157 104 152
Geometry Grp 77777777
Degree of Util (X) 0.239 0.382 0.344 0.58 0.397 0.312 0.239 0.322 Departure Headway (Hd)8.174 7.439 7.271 6.752 7.58 7.162 8.245 7.622 Convergence, Y/N Yes Yes Yes Yes Yes Yes Yes Yes
Cap 439 484 495 535 475 501 435 472
Service Time 5.928 5.193 5.019 4.5 5.334 4.915 6.001 5.379 HCM Lane V/C Ratio 0.239 0.382 0.343 0.578 0.398 0.313 0.239 0.322 HCM Control Delay 13.5 14.7 13.8 18.5 15.3 13.2 13.6 14 HCM Lane LOS B B B C C B B B
HCM 95th-tile Q 0.9 1.8 1.5 3.7 1.9 1.3 0.9 1.4
HCM 6th Roundabout Timing Plan: AM Peak
23: Memorial Dr & Hillcrest Rd 05/09/2022
Long Term Traffic Calming Hollister General Plan Update 7:00 am 04/03/2018 2040 GP Conditions Synchro 11 Report Kimley Horn and Associates, Inc.Page 1
Intersection
Intersection Delay, s/veh 11.5
Intersection LOS B
Approach EB WB NB SB
Entry Lanes 1111
Conflicting Circle Lanes 1111
Adj Approach Flow, veh/h 271 604 467 234
Demand Flow Rate, veh/h 279 627 481 241
Vehicles Circulating, veh/h 297 430 290 496
Vehicles Exiting, veh/h 440 341 286 561
Ped Vol Crossing Leg, #/h 0000
Ped Cap Adj 1.000 1.000 1.000 1.000
Approach Delay, s/veh 6.4 17.1 9.1 7.7
Approach LOS A C A A
Lane Left Left Left Left
Designated Moves LTR LTR LTR LTR
Assumed Moves LTR LTR LTR LTR
RT Channelized
Lane Util 1.000 1.000 1.000 1.000
Follow-Up Headway, s 2.609 2.609 2.609 2.609
Critical Headway, s 4.976 4.976 4.976 4.976
Entry Flow, veh/h 279 627 481 241
Cap Entry Lane, veh/h 1019 890 1027 832
Entry HV Adj Factor 0.971 0.963 0.971 0.971
Flow Entry, veh/h 271 604 467 234
Cap Entry, veh/h 990 857 997 808
V/C Ratio 0.274 0.705 0.469 0.290
Control Delay, s/veh 6.4 17.1 9.1 7.7
LOS A C A A
95th %tile Queue, veh 1631
HCM 6th Roundabout Timing Plan: PM Peak
23: Memorial Dr & Hillcrest Rd 05/09/2022
Long Term Traffic Calming Hollister General Plan Update 7:06 am 05/04/2022 2040 GP Conditions Synchro 11 Report Kimley Horn and Associates, Inc.Page 1
Intersection
Intersection Delay, s/veh 11.2
Intersection LOS B
Approach EB WB NB SB
Entry Lanes 1111
Conflicting Circle Lanes 1111
Adj Approach Flow, veh/h 515 435 359 391
Demand Flow Rate, veh/h 520 439 369 403
Vehicles Circulating, veh/h 485 334 518 474
Vehicles Exiting, veh/h 392 553 487 299
Ped Vol Crossing Leg, #/h 0000
Ped Cap Adj 1.000 1.000 1.000 1.000
Approach Delay, s/veh 14.1 8.9 10.5 10.6
Approach LOS BABB
Lane Left Left Left Left
Designated Moves LTR LTR LTR LTR
Assumed Moves LTR LTR LTR LTR
RT Channelized
Lane Util 1.000 1.000 1.000 1.000
Follow-Up Headway, s 2.609 2.609 2.609 2.609
Critical Headway, s 4.976 4.976 4.976 4.976
Entry Flow, veh/h 520 439 369 403
Cap Entry Lane, veh/h 841 982 814 851
Entry HV Adj Factor 0.991 0.990 0.972 0.971
Flow Entry, veh/h 515 435 359 391
Cap Entry, veh/h 833 971 791 826
V/C Ratio 0.618 0.447 0.454 0.474
Control Delay, s/veh 14.1 8.9 10.5 10.6
LOS BABB
95th %tile Queue, veh 4223