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10. Product Use Summery - Prior to the 15th of the month, Contractor shall provide to City a summary of pesticides used the prior month. Provide the product EPA registration number and the amount of product used.
11. Posting — post all entry areas with spray notices when broadcast spraying public use areas and verbally notify public visitors when spot spraying when in the area. Remove facility spray notices when spraying is complete unless product label provides for different posting requirements.
12. Spray marker — routinely using spray marker dyes is discouraged.
13. Weed control can be done with chemicals or with mechanical means (e.g., hoeing or mowing), or other cultural practices. Contractor shall be vigorous responsibility for controlling weeds growing in cracks, or expansion joints, along fences/sound walls and areas contiguous to all active City landscape areas (including sidewalks, curbs, and gutters). This includes all landscaped medians that are attached or directly adjacent landscaped roadway areas.
14. Moluskacides should be iron phosphate based or other City approved control
15. Rodenticides applied for gopher control must be applied into underground burrow.
Rodenticides applied for ground squirrel control must be placed into secure bait stations. City must approve bait station design and location. Applicators applying restricted use rodenticides must hold appropriate licensing
16. Trails — keep trail shoulders free of weeds 24 inches from any trail hardscape edges. Post signs when spraying trails.
17. Pre -emergent shall not be used for spot spraying.
18. Minimal insect control is practiced and is to be handled on a case -by -case basis
19. Minimal disease control is practiced and handled on a case -by -case basis.
20. Rodent Control
a. All mounds, burrows, or other minor damage shall be discovered in a timely manner and repaired by Contractor. Rodent problems should be identified and reported to City in their early stages during weekly inspections before causing critical damage to areas. Lack of early discovery will be considered negligence on the part of Contractor. Depending on the scope of the problem, rodent control in the form of baiting or trapping will be recommended and scheduled work.
b. Gopher control
i. Contractor shall obtain a written pest control recommendation from a licensed Pest Control Advisor for baiting for gopher control. All bait shall be placed below ground in the burrow system. Any spilled bait shall be promptly picked up. Any dead gophers found on the surface shall be collected and properly disposed of. ii. Trapping may be used provided that Contractor remains on site while traps are in place. Dead gophers must be disposed of properly.
iii. Contractor shall comply with all other provisions of pesticide requirements. iv. Contractor shall promptly remove or disperse any soil mounds discovered on the turf.
c. Ground Squirrel control shall be handled case -by -case and coordinated with City representative. Three park facilities have above -normal ground squirrel activity because of surrounding pressure from adjacent agriculture, open space areas, and/or stream channels.
Section 3- Work Hours
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shall be done on the weekends, holidays, and before or after these specified hours, unless otherwise approved by the City's authorized representative. Any modification approval by City will be considered a temporary change to the schedule.
Section 4- Solicitation of Work / Outside Work
Contractor is prohibited from using any of its crew, including direct or line -level supervisory staff, assigned to perform work under the Agreement, to solicit or perform work for private parties outside of this Agreement during the hours, including lunch and break times, that they are scheduled to be executing any part of this Agreement. The contractor's equipment and/or vehicles assigned to executing any part of this Agreement may not be used for any residential or commercial work outside of this Agreement at any time within City limits during the hours of work scheduled under this Agreement, including lunch and other breaks.
Section 5- Preservation of Property and Utilities
1. General
Due care shall be exercised to avoid damage to existing roadway improvements or facilities, utility facilities, adjacent property, roadside trees, and shrubbery.
2. Provider Responsible to Replace Plant Material
The contractor shall replace at the same size and shape, at the Contractor's own expense, any lawn, groundcover, trees, shrubs, or other plant materials requiring replacement through negligent acts resulting from the Contractor's failure to provide maintenance following the provision herein. All plant materials replaced or provided by the Contractor shall be warranted by the Contractor to be of good quality, healthy, and disease -free for one year from the date of planting. The City will replace plant materials not replaced by the established date given by the City and the cost of labor and materials will be deducted from the Contractor's monthly payment.
All existing pipes, conduits, sewer drains, curbs, surveying monuments, valve boxes, irrigation parts, pedestrian/bike paths, and other structures and amenities shall be carefully protected from damage by the Contractor, and in case of damage, the damage shall be immediately reported to City who shall oversee the restoration at Contractor's expense.
3. Utilities
The contractor is required to take due precautionary measures to protect the existing improvements and any other utilities, irrigation system components, structures, or amenities found at the site. Contractor shall be responsible for protecting existing storm drain systems free from any landscape material and shall not deposit any landscape material into existing storm drain system. If Contractor deposits landscape material into existing storm drain system, the material will need to be removed by Contractor immediately. Should Contractor fail to remove the materials, City will perform the removal at Contractor's expense.
Section 6- Dust and Noise Control
At all times, Contractor shall comply with City's Dust Control and Noise Ordinances. (Sections Page - 12 - N. Ramirez Landscape and Construction
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17.16.040 and 17.16.100 respectively in the Hollister Municipal Codes) Contractor shall be responsible for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in controlling and preventing the formation of an airborne dust nuisance by watering as required by City, to treat the site of the work in such a manner that it will confine dust particles to the immediate surface of the work.
Contractor shall make every reasonable effort to control noise generated as a result of this landscape maintenance to the satisfaction of City. Use of power equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m. unless otherwise authorized by City.
Section 7- Disposal of Material
Unless otherwise specified, all materials shall become property of Contractor and disposed of by Contractor at Contractor's expense. Contractor shall be responsible for disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. Contractor shall not allow any refuse to be disposed upon paved streets or into City's storm drain system.
Section 8- Meetings and Reports
A. Work Program
1. Contractor shall perform the work by the schedule and will immediately notify City if the scheduled work cannot be performed. The notification will include a new completion date (no more than seven business days) for the task, and no additional cost will be assessed to the City.
2. The contractor will attend monthly progress meetings and other meetings scheduled by the City. City reserves the right to change the frequency and location of meetings.
B. Form Submittals
Contractor will submit the following forms to City as specified below:
1. Work Schedule: A monthly work schedule calendar will be submitted to City by Contractor's Supervisor.
2. Notification of Problem or Repair: Notification shall be submitted to the City's authorized representative immediately after discovering a problem or needed repair via email or City work order system.
Section 9- Provisions for Extras
No extra work will be considered unless a separate estimate is given in writing for said work and the estimate is approved in writing by the Parks and Recreation Director or designee before the work is commenced. Verbal authorizations will not be permitted.
Section 10- Inspection and Corrective Work
The contractor shall perform the work described herein to the satisfaction of City. City may make inspections of the work at any time and request. Contractor make corrections to any work that does not meet the standards outlined in this Scope of Service.. If corrective work is required, City shall provide Contractor with a written list of items that need correcting, and Contractor shall make the necessary corrections within the time frame(s) established by City. If the corrections are not made, City shall deduct those applicable portions, pro-rata as determined by City, from Contractor's payment to be performed by its own forces and/or by a third party.
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adjustments for incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed. Repeated failures to provide services at the standards stated in these specifications, or failure to respond to requests for corrective work, may result in the termination of the Agreement.
Section 11- Acceptability of Work Performed
All work must be reasonably acceptable to the City, or the Contractor shall re -perform it until it is acceptable, at no further cost to City. There shall be a weekly meeting at Pauline Valdivia Memorial Community Center-300 West Street, Hollister, CA or on -site with Contractor and a City representative, to certify the accomplishment of work. Any specific problem area which does not meet the conditions of the specifications set forth herein will be called to the attention of Contractor along with action required to satisfy the specifications.
Section 12- Workforce, Safety, Workmanship, Supervision, and Damages a. Contractor shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers (if applicable) who are skilled in the required work type are employed. Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.
b. Contractor shall take all necessary precautions for the safety of employees on the workforce to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. Contractor shall provide and properly maintain at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post appropriate signs warning against hazards created by such features of landscape maintenance. All work to be done by CMUTCD, Title 13, SB 198 and CAL/OSHA. c. Where landscape maintenance may create potential or known hazards on streets or roads and to persons traveling them, Contractor shall obtain at its own expense, and place whatever signs, lights, barricades, or other safety devices as necessary to prevent accidents, injuries, or damages, consistent with City and CMUTCD (Traffic Control Handbook). An annual traffic control plan for encroachment in the right-of-way, including an obstruction to pedestrian and bicycle traffic, for review and approval by City.
d. All operations will be conducted to provide maximum safety for the public, City staff, and Contractor.
e. Contractor's Supervisor will have control of all work crews assigned to perform work under this agreement.
f. Contractor's Supervisor or Project Manager is to be assigned to this project only and is to be available to City during working hours.
g. If Contractor damages any property belonging, including landscape, irrigation, equipment, trees, etc., to City, City may either retain from the money due to Contractor an amount sufficient to repair the damage or require Contractor to repair the damage to the satisfaction of City at Contractor's cost. h. Replacement of all plant materials, shrubs, ground cover, mulch, pebble, bark, and other materials or amenities due to Contractor's negligence shall be the responsibility of Contractor. It should be replaced within ten days of damage unless plant material is unavailable. Damage to irrigation system Page - 14 - N. Ramirez Landscape and Construction
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components shall be immediately repaired with City approval of repairs. i. Any damage to plant material by rodents that have been neglected to be controlled by Contractor shall be replaced by Contractor, at the same size and shape, at no additional cost to City.
ii. Contractor cannot complete repair, work will be performed by City forces and deducted from the monthly payment for services. iii. Plants destroyed by vandalism or due to no fault of Contractor, shall be the responsibility of City. Contractor must notify City via work order system or email immediately.
Section 13- Personnel Qualifications and Conditions
A. Contractor Employees
1. Contractor shall employ sufficient, properly trained personnel, to perform all of the work outlined in this agreement.
2. Contractor's employees assigned to this contract shall be well groomed and dressed in a uniform that clearly identifies the employee's name and company. Contractor shall provide sufficient supervisory personnel that can represent Contractor at all times.
3. Contractor's equipment shall also be easily identified as such and in good working manner.
B. Staffing Requirements
1. Contractor shall provide, at all times, adequate and expert managerial and administrative supervision for its employees in the service area. Contractor agrees that all persons working for or on behalf of Contractor whose duties bring them upon the premises shall obey the rules and regulations that are established by City and shall comply with the reasonable directions of its officers.
2. Contractor shall have a minimum of one supervisor/foreman assigned to the City with a designated back up. City must be notified within 24 hours of any change in supervision.
Notification must include who the new supervisor/foreman is and provide contact information, even if on temporary basis (ie. vacation or sick days).
Section 14- Cleaning
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A. Contractor shall perform general and safety cleanup at all times.
B. Upon completion of any work, and before leaving site for remainder of the day, Contractor shall remove remaining excess materials, waste, rubbish, debris, and any construction and installation equipment from the premises.
C. Any dirt or stains caused by the work shall be properly removed.
D. No debris shall be forced to the street or catch basins/drainage inlets by blowing equipment or by any other means.
E. Contractor will clean pedestrianibike paths, roadways, and any other areas littered or soiled by its maintenance operations and/or equipment.
F. All equipment should be cleaned on a regular basis
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Section 15- Workmanship
A. Contractor is required to furnish all equipment, supplies, and materials to accomplish required maintenance to meet City objectives. City may determine that additional maintenance is required to meet the standards set forth in the agreement and will issue directives for additional action.
B. Work shall be performed by a skilled landscape worker and supervised by a competent supervisor with experience and technically trained in landscape maintenance work in accordance to industry standards.
C. Irrigation.
1. Complete irrigation system assessment to ensure the irrigation system is operated to match the conditions present.
2. Contractor is responsible for irrigation scheduling and programming. Contractor will provide a schedule of irrigation that is conducive to the maintenance schedule proposed.
3. Once awarded, Contractor will evaluate the irrigation system uniformity and make recommendations. If repairs to irrigation is required Contractor will provide a quote. After necessary repairs are made the Contractor is responsible for the replacement of sprinklers in the irrigation system.
4. Contractor will report to City any malfunction, poor system performance, or damage of the irrigation systems in any City maintenance area immediately including damage done by Contractor.
D. Replace any broken tree stakes and repair any loose tree ties as needed.
E. Any maintenance vehicles regularly used by Contractor, or those persons representing Contractor's company, shall be in proper working order and in a good state of repair.
Vehicles shall clearly present Contractor's company sign on both front doors which include the company name and telephone number of the local office. Vehicles will also be equipped with traffic warning beacon lights per Title 13, Article 21, and CMUTCD.
Vehicles shall be kept reasonably clean and professional in appearance.
Section 16- Locks and Keys
Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. Contractor shall properly use and keep safe all keys or locks issued or used by City to Contractor.
Contractor shall report all lost or stolen keys or locks to City representative(s) within twenty-four (24) hours after discovery of the loss. Contractor shall reimburse City for the total cost, as determined by City, of replacing the lock, re -keying the site or duplicating additional keys.
Upon termination or cancellation of Contract, Contractor shall immediately return all keys, cards etc., to City. Contractor shall reimburse City for the total cost, as determined by City, for the total cost of keys not returned.
Section 17- Deficiency Notice Procedures
a. Deficiencies will be recorded and
Contractor shall respond within 24
presented to Contractor via e-mail or U.S. Mail.
hours with a plan to remedy and to prevent future
occurrence. Contractor will be responsible for providing follow up documentation.
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Contractor supervision is responsible for re -inspection of problem areas before notifying City the problem has been resolved.
b. Contractor's management team must be available for face-to-face meetings called by City within 48 hours of notification.
c. Failure to resolve the problem will result in a outlining a permanent resolution to the problem. Patterns of complaints, which may indicate Contractor's failure to adequately staff, train and supervise, shall cause a face-to-face meeting with the highest level of Contractor's management deemed necessary by City in order to clarify Contractor's obligations and produce a written work plan and time frame for remedying the deficiencies.
d. Repeated deficiencies will result in one or all of the following:
i. Payment deductions to Contractor
where City had a substitute service.
ii. Termination of selected contracted
for services not performed per contract
service area/s because of Contractor's
continued failure to perform in the designated areas.
iii. Contract termination for failure to perform.
Right of Severance and Termination
1. Remove worker: City shall have the right to request the removal of any specific Contractor worker from City contract properties for the following:
a. City reserves the right to request removal of any specific Contractor worker if City deems the worker incompetent or negligent based on the worker's inability to execute required project tasks.
b. For failure to adhere to City's standards
c. For worker misconduct.
2. Terminate contract: The City reserves the right to terminate this contract with the Contractor upon 10 days advance written notice should the Contractor fail to meet contract obligations. Such failures include, but are not limited to:
a. Consistent failure to respond to requests for service or to remedy contract deficiencies,
b. Consistent failure to provide qualified, trained workers and supervisors, c. Contractor failure to keep City informed.
3. Backcharge Contractor for work not performed where City staff had fill in.
Section 18-Additional Work
A. Additional work will not be performed without prior approval by City unless a condition exists wherein it appears there is an immediate safety concern, danger of injury to Consultant(s), City staff, public, or damage to property. When additional work is requested Contractor will provide a quote for services.
B. Cost to be determined based upon contracted labor rate plus materials. Material are not exceed 10% of actual cost
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F, XHTRTT R
Compensation
City shall pay Contractor an amount comprised of the following:
Item
No. PARK -performed weekly Monthly Cost
Valley View Park & Extension with
Basin 1,174.00
Dunne Park & Softball Field 1,350.00
TOTAL 2,524.00
Ponds/Basins-performed monthly Monthly Cost
10 Orchard Park Pond -Rosales Land 680.00
31 Hollister Farms Basin & Park St.
Leatherback Basin & Park St. 1,100.00
TOTAL 1,780.00
CITY FACILITIES -performed
monthly Monthly Cost
City Yard & Animal Control 437.00
7th Street Parking Lot 300.00
TOTAL 737.00
SoundWall Zones -performed
ZONE monthly Monthly Cost
8 Ladd Ranch Area 1 & 2 1,625.00
21 Westside Blvd 820.00
24 Maple Park 725.00
30 Sundance Drive 185.00
TOTAL
MONTHLY TOTAL
ANNUAL TOTAL
3,355.00
8,396.00
100,752.00
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EXHIBIT C
PROJECT STAFF
NAME TITLE HOURLY RATE
Felipe Martinez Foreman $55.00
Misael Martinez Labor $45.00
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STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # Police-2025-03
AGENDA ITEM: A RESOLUTION AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT WITH DR. JEFFREY S. FANKHAUSER BETWEEN HOLLISTER POLICE ANIMAL CARE & SERVICES AND DR. JEFFREY S.
FANKHAUSER
DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Rosie Betanio, Captain
RECOMMENDED ACTION: Adopt a resolution authorizing the Mayor to sign an amended agreement between Hollister Police Animal Care Services and Dr. Jeffrey S. Fankhauser, DVM for premises permit.
DISCUSSION: Hollister Police Animal Care & Services desires to provide veterinary services to animals in its community and wishes to do so in connection with Dr.
Fankhauser’s License. Dr. Fankhauser holds a current License from the California Veterinary Medical Board to practice veterinary medicine in the State of California. Dr.
Fankhauser wishes to continue to donate the use of the License and his time to support the Shelter. This Amendment will extend the arrangement between Dr. Jeffrey S.
Fankhauser and the Hollister Police Animal Care & Services for three years (March 13, 2028). During the term of the agreement, Dr. Jeffrey S. Fankhauser agrees to act as a Licensee Manager named on the Shelter’s premises permit pursuant to Section 2030.05 of Chapter 16 of the California Code of Regulations, and Section 4853 et seq. of the California Business & Professions Code.
Staff recommends approval of the Amendment to continue premises permit holder donation from Dr. Jeffrey S. Fankhauser.
FISCAL IMPACT: None
PREVIOUS COUNCIL OR COMMISSION ACTION:
On September 17, 2024 the City Council adopted resolution #2024-144
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. First Amendment to Premises Permit Holder Donation Agreement
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT WITH
DR. JEFFREY S. FANKHAUSER BETWEEN HOLLISTER POLICE
ANIMAL CARE & SERVICES AND DR. JEFFREY S. FANKHAUSER
WHEREAS, Hollister Police Animal Care & Services and Dr. Fankhauser have previously entered into a Premises Permit Holder Donation Agreement dated March 14, 2024; and
WHEREAS, the term of the Agreement is March 14, 2024, through March 13, 2025 ; and
WHEREAS, Hollister Police Animal Care & Services and Dr. Fankhauser desire to amend said Agreement to extend the term for three (3) years to March 14, 2028; and
WHEREAS, during the term of the agreement Dr. Fankhauser agrees to act as a Licensee Manager named on the Shelter’s premises permit
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes an amendment to an existing agreement between the City of Hollister and Dr.
Jeffrey S. Fankhauser, DVM through March 14, 2028.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 2025-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-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 February 4, 2025, 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 February 4, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
1 FIRST AMENDMENT TO PREMISES PERMIT HOLDER DONATION AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________ 2025, by and between the City of Hollister (“City”), which operates an animal shelter located at 1331 South Street, Hollister, California 95023, and Jeffrey S. Fankhauser, Doctor of Veterinary Medicine, an individual (“Dr. Fankhauser”).
WHEREAS, City and Dr. Fankhauser have previously entered into a Premises Permit Holder Donation Agreement (“Agreement”) dated March 14, 2024; and
WHEREAS, the term of the Agreement is March 14, 2024, through March 13, 2025; and
WHEREAS, the City and Dr. Fankhauser desire to amend said Agreement to extend the term for three (3) years.
NOW, THEREFORE, the Parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1. This First Amendment is added to the Agreement.
2. The Term of the Agreement is extended an additional three (3) years, ending on March 13, 2028.
3. Except as herein amended, the Agreement dated March 14, 2024, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to Agreement to be executed on the date first above written.
Hollister Police Animal Care and Services Jeffrey Fankhauser, DVM
By: By:
Roxanne Stephens Jeffrey Fankhauser
Mayor of the City of Hollister Doctor of Veterinary Medicine
Docusign Envelope ID: C9C5A681-DBA4-4884-90B9-A731295AA94A 1/10/2025 | 2:54:20 PM PST
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: January 21, 2025
REPORT # Police-2025-02
AGENDA ITEM: A RESOLUTION ACCEPTING A GRANT FROM THE SAN BENITO
COUNTY COMMUNITY AND CORRECTIONS PARTNERSHIP (SBCCCP) IN WHICH THE SBCCCP WILL DIRECTLY UP TO $500,000 FOR THE PURCHASE OF SUN
RIDGE RIMS RECORDS SOFTWARE AND RELATED EQUIPMENT FOR THE
POLICE DEPARTMENT A
DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Rosie Betanio, Captain
RECOMMENDED ACTION: Adopt a resolution accepting a grant from the San Benito County Community and Corrections Partnership (SBCCCP) in which the SBCCCP will directly pay up to $500,000 to Sun Ridge RIMS Records Software and pay for the equipment needed for its operations at the Police Department and authorize City Manager to sign contract with Sun Ridge Systems.
DISCUSSION: The Hollister Police Department has used TracNet records software since 2003. Over the years this software has worked very well for the needs of the Hollister Police Department. However, changes in crime tracking through the state, the need to track AB109 early release inmates and those on PRCS probation have caused the department to look for other solutions. In addition, there is a desire to use emerging technology for efficiency such as electronic citations and improve crime tracking, crime analysis and the need to have a seamless interphase with potential future local dispatching have caused the department to look at other solutions.
Over the last 18 months, the department staff have researched other police records software solutions for the current needs and future needs of the Hollister Police Department. Of those evaluated by staff, the recommended system and the system with the most features beneficial to the Hollister Police is the RIMS records software by Sun Ridge Systems.
The Sun Ridge RIMS software system is one of the most used systems in the state of California with more than 226 California law enforcement agencies successfully using the system. It will provide crime mapping abilities to the public as well as modern and innovative features that our current system does not provide.
Some of the features provided by RIMS are: The ability to share data quickly with other law enforcement agencies like stolen vehicles information, missing persons, location history, citations and criminal activity. Some of the agencies who currently use RIMS are Gilroy PD, San Jose Evergreen Police Department, San Jose State University Police Department, Los Gatos Police, Palo Alto Police Department, and several Monterey, Santa Cruz and Merced County agencies.
Staff has obtained a quote for the system needed at this time for $470,532. The
software would have an annual support cost of $42,600. There is also a need to obtain and install two servers at the police department to ensure the system works with minimal issues and sufficient back up. City of Hollister IT has provided quotes for servers at an approximate cost of $23,000.
Staff has also reached an agreement from the San Benito County Community and Corrections Partnership (SBCCCP) committee to provide a grant for the purchase of the Sun Ridge System software and the servers needed to operate the system. The SBCCCP has approved up to $500,000 for the software and the servers needed. The invoices incurred with this project will be provided to the SBCCCP committee for payment by the committee treasurer.
Staff recommends the council accept the grant from the San Benito County Community and Corrections Partnership of up to $500,000 for the purchase of the RIMS software and servers and authorize the City Manager to sign the attached contract for services from Sun Ridge Systems, Inc.
FISCAL IMPACT: Annual support of $42,600 from the General Fund which is about a $10,000 increase from previous records management system and server support. Up to $500,000 from the SBCCCP for the purchases.
PREVIOUS COUNCIL OR COMMISSION ACTION:
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Sun Ridge Contract
3. 3-21-24 CCP Minutes
4. 8-28-24 CCP Minutes
5. Presentation
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
ACCEPTING A GRANT TO PURCHASE SUN RIDGE RIMS RECORDS
SOFTWARE AND RELATED EQUIPMENT FOR THE POLICE
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT WITH SUN RIDGE SYSTEMS, INC.
WHEREAS, the Hollister Police Department has had the same records management software since 2003; and
WHEREAS, there is a need for a records management software that tracks crime trends, adheres to new state requirement, tracks AB109 early release inmates and PRCS probation personnel; and
WHEREAS, over the last 18 months, Hollister Police staff have conducted analysis and interviews and participated in presentations for various police records software companies; and
WHEREAS, staff has determined that Sun Ridge Systems, Inc. has the best software to meet the unique needs of the department; and
WHEREAS, Sun Ridge Systems’ RIMS software would need two servers to operate effectively in our department; and
WHEREAS, the San Benito County Community and Corrections Partnership committee has approved a grant for the Hollister Police Department for up to $500,000 in which the committee will directly pay the invoices related to the purchase of the RIMS software and servers; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the grant for the purchase of Sun Ridge Rims Records Software and the related equipment for the police department and authorizes the City Manager to sign a contract with Sun Ridge Systems, Inc.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, 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. 2025-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 February 4, 2025 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 February 4, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Hollister Police
Department
Public Safety Software Project
Agenda
•Project Overview
•Vendor Assessment
•Vendor Selection
Project Overview
•Current TracNet System is nearing end-of-life
•Does not meet our agency’s needs
•Supporting new communications center with state-of-the-art computer-aided dispatching (CAD) software •CIBRS
•Stop Data (currently use a different software for this) •Agency-to-Agency Collaboration
•Electronic Citation needs
•Replace TracNet with a modern, state-of-the-art, integrated public safety software solution
Vendor Assessment
•Assessment
•Six Vendors
•Axon
•Central Square
•Mark43
•Motorola
•Sun Ridge Systems
•Tyler
Vendor Assessment
•Assessment Categories
•Agency needs
•Vendor experience
•Vendor reputation
•Vendor capabilities
•Initial project costs
•Long-term costs
Vendor Selection
•Sun Ridge Systems, Inc. (RIMS)
•Experience
•California-based company
•40 years serving law enforcement
•Currently serving 226 California law enforcement agencies •Implementation style consistent with agency culture and needs •Has successfully converted four TracNet software systems •Reputation
•Highly reputable company
•24/7 Emergency Support
Vendor Selection
•Sun Ridge Systems, Inc. (RIMS)
•Reputation
•Never has had a failed project
•Never has had an agency move to another vendor because of product or support dissatisfaction •A solid track record of supporting California law enforcement needs •California Incident-Based Reporting System
•AB 953 –Racial and Identify Profiling Act (RIPA)
•JUS-8715 –Arrest and Court Action Disposition
•SB 384 –Sex Offender Release Report
•California Law Enforcement Telecommunications System (CLETS) •California Collision Reporting
•State Warrant Systems
Sun Ridge Services
PROJECT
MANAGEMENT
DATA CONVERSION TRAINING RESEARCH AND
DEVELOPMENT
TECHNICAL
SUPPORT
MAINTENANCE LEASE-PURCHASE PROGRAM
Project Costs
RIMS Integrated Software Solution
•Records Management System
•Mobile Software
•Smartphone Software
•Evidence and Property Management
•CLETS
•Data Conversion from TracNet
•Installation
•Equipment
•Integrations
•Training and Project Management
•$470,532
Project Costs -Support
TracNet Current Costs
•$32,400 Support
•RMS Support
Sun Ridge Systems, Inc.
•$42,600 Support
•RMS
•Mobile RIMS
•iRIMS LE
•Property Room
•CitizenRIMS
•CLETS
•DA Link
•Body Worn Camera Integration
San Benito County Probation Department
400 Monterey Street
Hollister, CA 95023
831-636-4070
831-636-5682 FAX
Ashlyn A. Canez John Oliveira
Chief Probation Officer Assistant Chief
1 Community Corrections Partnership (CCP)
March 21, 2024
Meeting location: San Benito County Sheriff’s Office
2301 Technology Parkway, 2nd Floor Conference Room
Hollister, CA 95023
MINUTES
Members Present:
Ashlyn Canez, Chief Probation Officer * Eric Taylor, SBC Sheriff * Dana Edgull, Director Behavioral Health * Joel Buckingham, District Attorney * Mindy Sotelo, SBC Supervisor Carlos Reynoso, Hollister PD Chief *
Members Not Present:
Judge Omar Rodgriguez, Superior Court * Krystal Lomanto, SBC Office of Education Tracy Belton, Health & Human Services Diane Ortiz, Youth Alliance Enrique Arreola, CSWD Public Defender (vacant) *
Patricia Salcedo, Victim Witness Program
(*Executive Committee)
1. Call Meeting to Order:
Chief Probation Officer Ashlyn Canez called the meeting to order at 10:34 a.m.
2. Roll Call:
Roll call of the CCP executive committee and members was taken by Karen Dozal, Probation Secretary.
2 3. Acknowledgement of the Certificate of Posting (Motion):
Moved by Dana Edgull; seconded by Eric Taylor to acknowledge the Certificate of Posting.
Motion: 5 -0 -0
Voting For: Ashlyn Canez, Joel Buckingham, Eric Taylor, Dana Edgull, Carlos Reynoso Voting Against: None
Voting Abstain: None
4. Public Forum:
Lisa Saucedo, Probation Program Manager, announced that the City of San Juan Bautista has recently hired Roy Morales as a Public Safety Coordinator and would like to invite Roy to the next CCP meeting.
5. Minutes of March 7, 2024 (Motion):
Moved by: Dana Edgull; seconded by Joel Buckingham to approve the meeting minutes of March 7, 2024.
Motion: 3 -0 -2
Voting For: Ashlyn Canez, Joel Buckingham, Dana Edgull Voting Against: None
Voting Abstain: Carlos Reynoso, Eric Taylor
6. Proposals
• Proposal No. 1 – County Administrative Office, FY 24/25 Increased Funding to the Indigent Public Defense System
San Benito County Administrative Office requested $530,000.00/year for fiscal years 2024/25 and 2025/26, totaling $1,060,000.00 over two fiscal years, to assist in addressing critical gaps in funding and services.
Moved by: Joel Buckingham; seconded by Eric Taylor to approve funding in the amount of $1,060,000.00.
Motion: 5 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Dana Edgull, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
• Proposal No. 2 – Sheriff’s Office, Verus Cost Increase San Benito County Sheriff’s Office requested increased funding for the VERUS system, for a total not to exceed $55,000.00.
Moved by: Joel Buckingham; seconded by Carlos Reynoso to approve on-going funding in the amount of $55,000.00.
Motion: 5 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Dana Edgull, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
3 • Proposal No. 3 – Sheriff’s Office, Network Engineer San Benito County Sheriff’s Office requested $185,000 for one (1) full-time Network Engineer position. The Network Engineer will serve the Sheriff’s Office, Correctional Facility, Youth Service Center, Probation and District Attorney’s Office.
Chief Probation Officer Ashlyn Canez made a motion to approve the Network Engineer that will oversee the Sheriff’s Office, Correctional Facility, Youth Services Center, Probation and District Attorney’s Office; motion was seconded by Chief Carlos Reynoso.
Moved by: Ashlyn Canez; seconded by Carlos Reynosa approve on-going funding in the amount of $1,060,000.00.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
• Proposal No. 4 – Hollister Police Department, Sunridge RIMS Police Records Software The Hollister Police Department is requesting $500,000 to purchase Sunridge RIMS Records Software which has multiple features to track crime, provide statistics and track AB109 early release personnel in our community.
Moved by: Joel Buckingham; seconded by Eric Taylor to approve one-time funding in the amount of $1,060,000.00.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
• Proposal No. 5 – Probation Department, Passpoint.net / Drug Screening Kiosk Contract Renewal
The San Benito County Probation Office is requesting carry-over allocation in the amount of $13,200.00, for two years for the Pupilometer/PassPoint.net system for substance abuse screening.
Moved by: Joel Buckingham; seconded by Ashlyn Canez to approve one-time funding in the amount of $13,200.00 for two years.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
4 • Proposal No. 6 – Probation Department, Salary Cost for DPO assignment at Alternative Education Schools for 180 days
San Benito County Office of Education and San Benito County Probation Department request $38,700.00/year for a two-year agreement that would provide a Probation Officer at the San Benito County Office of Education operated schools for 5 hours a day at an approximate cost of $215/day for 180 school days.
Moved by: Joel Buckingham; seconded by Eric Taylor to approve on-going funding in the amount of $38,700.00 / year for two years.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
• Proposal No. 7 – Probation Department, Salary Increase Adjustments FY 2024-2025 The San Benito County Probation is requesting $1,345,603.00 to support AB 109 on-going salaries and benefits increase for the fiscal year 2024/25.
Moved by: Joel Buckingham; seconded by Eric Taylor to approve on-going funding in the amount of $1,345,603.00.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
• Proposal No. 8 – Hollister Police Department, Salary Increase Adjustments FY 2024- 2025
The Hollister Police Department request $218,000.00 for a fully funded police officer.
Moved by: Ashlyn Canez; seconded by Eric Taylor to approve on-going funding in the amount of $218,000.00.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
5 • Proposal No. 9 – District Attorney’s Office, Salary Increase Adjustments FY 2024-2025 The San Benito County District Attorney’s Office request $428,325.00 to support AB 109 on- going salaries and benefits increase for the fiscal year 2024/25.
Moved by: Ashlyn Canez; seconded by Eric Taylor to approve on-going funding in the amount of $428,325.00.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
• Proposal No. 10 – Sheriff’s Office, Salary Increase Adjustments FY 2024-2025 The San Benito County Sheriff’s Office request $924,020.00 to support AB 109 on-going salaries and benefits increase for the fiscal year 2024/25.
Moved by: Ashlyn Canez; seconded by Eric Taylor to approve on-going funding in the amount of $924,020.00.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
7. Updated Budget Expenditures:
Lorraine Carrasquillo presented AB 109 on-going operations and reviewed the budget expenditure details. She also provided an estimate for the FY24/25 proposed budget. (attachment)
Moved by: Joel Buckingham; seconded by Eric Taylor to approve the AB 109 budget expenditures.
Motion: 4 - 0 - 0
Voting For: Ashlyn Canez, Joel Buckingham, Carlos Reynoso, Eric Taylor Voting Against: None
Voting Abstain: None
Absent: Dana Edgull
8. Future Agenda Items:
• Create By-Laws
• Update Resolution
9. Schedule Upcoming CCP Meeting:
The next CCP meeting will be scheduled in two months. A survey will sent to CCP members to select a date.
6 10. Meeting Adjourned:
A motion to adjourn the meeting was made by Chief Ashlyn Canez and seconded by Joel Buckingham.
The meeting was adjourned at 12:34 a.m.
Respectfully submitted,
Karen Dozal, Secretary
San Benito County Probation Dept.
p.m.
San Benito County Probation Department
400 Monterey Street
Hollister, CA 95023
831-636-4070
831-636-5682 FAX
Ashlyn A. Canez John Oliveira
Chief Probation Officer Assistant Chief
1 Community Corrections Partnership (CCP)
Regular Meeting
August 28, 2024
Meeting location:
San Benito County Sheriff’s Office
2301 Technology Parkway, Hollister CA
MINUTES
Members Present:
Ashlyn Canez, Chief Probation Officer * Honorable J. Omar Rodriguez, Presiding Judge * Eric Taylor, SBC Sheriff * Joel Buckingham, District Attorney * Mindy Sotelo, SBC Supervisor Patricia Salcedo, Victim Witness Program
Members Not Present:
Carlos Reynoso, Hollister PD Chief * Dana Edgull, Director Behavioral Health * Harry Damkar, Public Defender* Krystal Lomanto, SBC Office of Education Tracy Belton, Health & Human Services Diane Ortiz, Youth Alliance Enrique Arreola, CSWD
(*Executive Committee)
1. Call Meeting to Order:
Chief Probation Officer Ashlyn Canez called the meeting to order at 10:04 a.m., Wednesday, August 28, 2024. It should be noted the agenda states “Thursday,” and should be corrected to “Wednesday.”
2. Roll Call:
Roll call of the CCP executive committee and members was taken by Karen Dozal, Probation Secretary.
2 3. Acknowledgement of the Certificate of Posting (Motion):
Moved by Joel Buckingham; seconded by Eric Taylor to acknowledge the Certificate of Posting.
Motion: 4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
4. Public Forum:
None.
5. Minutes of March 21, 2024 (Motion):
The March 21, 2024 meeting minutes contain errors for the following items:
• Item 6, Proposal No. 3 Sheriff’s Office, Network Engineer approved funding amount correction:
$185,000.00 $1,060,000.00
• Item 6, Proposal No. 4 – Hollister Police Department, Sunridge RIMS Police Records Software approved funding amount correction: $500,000.00 $1,060,000.00 • Item 8, Future Agenda Items correction: Update Resolution; there is not a current resolution in place.
Moved by: Eric Taylor; seconded by Joel Buckingham to approve the meeting minutes of March 21, 2024 as amended with the above corrections.
Motion: 3-0-1
Voting For: Ashlyn Canez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: Judge Rodriguez
6. Budget Review:
Probation Director of Administrative Services, Lorraine Carrasquillo, provided an update on FY23-24 revenue. The allotted amount estimated to be received was $2,532,462.00 and what we actually received was $2,509,731.12. In addition, we receive quarterly interest on the actual funding. Interest received for the first quarter was $86,329.00; the second quarter was $111,566.91; and the third quarter was $118,070.71. We also received some growth in the amount of $234,834.96, and we received an incentive in the amount of $100,000.00 for submitting our annual realignment plan. The overall total revenue CCP received was $3,160,532.79. We have not yet received the fourth quarter interest; therefore, the total revenue will slightly increase.
7. Public Defender Appointment – CCP Executive Member:
Executive Community Corrections Partnership member Harry Damkar has been appointed responsibility for tier one public defender services.
Motion by: Ashlyn Canez; seconded by Joel Buckingham to appoint Harry Damkar as tier one Public Defender.
Motion:4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
3 8. Proposals:
• Proposal No. 1 – Special Intelligence Unit (SIU) LEHR – Quote Increase The previously approved funding to purchase and install emergency equipment for the 2023 Dodge Durango, occupied by the City of Hollister Police Department, has increased from $14,797.00 to $19,770.75. SIU requested approval for the increased amount of $4,973.75.
Moved by: Eric Taylor; seconded by Joel Buckingham to approve an increased funding for emergency vehicle equipment in the amount of $4,973.75.
Motion: 4-0-0
Voting: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
• Proposal No. 2 – Probation – Increased Cost of Lease Vehicle Maintenance Program
RAM (SIU)
Proposal was pulled for further financial details.
• Proposal No. 3 - Family Matters SBC – Budget Increase Proposal was pulled and tabled to the next scheduled CCP meeting to allow Christine Henriques with Family Matters SBC to be present and speak on behalf of the Family Time Accountability Program.
• Proposal No. 4 - Transcend Educational Services – Budget Increase Proposal was pulled and tabled to the next scheduled CCP meeting to allow Christine Henriques with Transcend Educational Services to be present and speak on behalf of the services.
• Proposal No. 5 - Northpointe Contract Renewal
Northpointe, Inc. DBA Equivant provides the San Benito County Jail with classification and program software, licensing, maintenance, and support. The contract between the San Benito County Sheriff’s Office and Northpointe, Inc., DBA Equivant expires on August 31, 2024. The San Benito County Reentry Program at San Benito County Jail requested funding in the amount of $46,405.00 to renew a two-year contract with Northpoint, Inc. DBA Equivant software, beginning September 1, 2024 through August 31, 2026.
Moved by: Ashlyn Canez; seconded by Joel Buckingham to approve renewal of Northpoint, Inc. DBA Equivant for a two-year contract in the amount of $46,405.00.
Motion: 4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
• Proposal No. 6 – San Benito County Jail Playground – Increase Cost This proposal is a revised request for a playground at the San Benito County Jail.
On April 4, 2022, $25,000.00 was approved by the CCP to fund the jail playground for the purpose of supervised visitation as a component of the Parenting Program. The purchase and installation were put on hold to address concerns related to liability and maintenance, which since then, has been resolved. The San Benito County Reentry Program at San Benito County Jail requested approval to revise the funding amount with the increase of $1,790.00 for a total cost of $26,790.00.
4 Moved by: Eric Taylor; seconded by Ashlyn Canez to approve the increased amount of $1,790.00, for the total cost of $26,790.00.
Motion: 4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
• Proposal No. 7 – San Benito County Jail – Garden Irrigation Guidance Gardens has been providing gardening courses once a week at the San Benito County Jail that includes indoor and outdoor instructions providing learning opportunities to be self-sufficient, resourceful gardeners. Guidance Gardens requested funding in the amount of $3,658.00 for the installation of an irrigation system which includes labor, material and equipment.
Moved by: Eric Taylor; seconded by Ashlyn Canez to approve funding in the amount of $3,658.00 for the installation of an irrigation system.
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Motion: 4-0-0
Voting For: None
Voting Against: None
Voting Abstain: None
• Proposal No. 8 – Superior Court of the State of California County of San Benito, on- going partial funding to support full-time Business Resource Analyst.
The Superior Court of the State of California County of San Benito requested on-going annual funding in the amount of $100,00.00 to fulfill one (1) full-time Business Resource Analyst vacancy. The Business Resource Analyst will liaise with the justice system partners to plan, develop, implement, and monitor shared technology solutions and collaborative projects.
Moved by: Ashlyn Canez; seconded by Eric Taylor to approve funding in the amount of $100,000.00 for one (1) full-time Business Resource Analyst, on-going annual budget.
Motion: 4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
• Proposal No. 9 – Sheriff’s Office – Administrative Services Specialist II The San Benito County Sheriff’s Office requested $126,923.41 for one (1) full-time Administrative Services Specialist II at Step C for the jail.
Moved by: Joel Buckingham; seconded by Ashlyn Canez to approve funding in the amount of $126,923.41 for one (1) full-time Administrative Services Specials II, Step C, for the San Benito County Jail.
Motion: 4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
5 9. Future Agenda Items:
Chief Probation Officer Ashlyn Canez proposed to form an Ad Hoc Committee to help create the Community Corrections Partnership (CCP) By-Laws.
Moved By: Ashlyn Canez; seconded by Eric Taylor for an Ad Hoc Committee to create CCP By-Laws.
Motion: 4-0-0
Voting For: Ashlyn Canez, Judge Rodriguez, Joel Buckingham, Eric Taylor Voting Against: None
Voting Abstain: None
10. Schedule Upcoming CCP Meeting:
The next CCP meeting will be scheduled for October 24, 2024 at 10:00 a.m.
11. Meeting Adjourned:
A motion to adjourn the meeting was made by Eric Taylor and seconded by Ashlyn Canez. The meeting was adjourned at 11:06 a.m.
Respectfully submitted,
Karen Dozal, Secretary
San Benito County Probation Dept.
Sun Ridge Systems, Inc. – Hollister v2 Page 1
SUN RIDGE SYSTEMS, INC.
SOFTWARE AND SERVICES AGREEMENT
This Software and Services Agreement (“Agreement”) is effective on February __, 2025 (“Effective Date”), between Sun Ridge Systems, Inc., a California corporation (“Sun Ridge”), and the City of Hollister, a California municipal corporation (“City”) located at 375 Fifth Street, Hollister, California 95023.
Section 1. Agreement. That for and in consideration of payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions set forth in this Agreement, Sun Ridge agrees to provide computer software (“Software”) and services (“Services”) to the City as described in Exhibit A, Scope of Work, attached hereto and incorporated herein by reference. The Software support and maintenance services to be provided by Sun Ridge as part of the Services are more specifically described in Exhibit C attached hereto and incorporated herein by reference (“Software Support Services Agreement”).
Section 2. City Project Manager. Sun Ridge shall work under the general direction of _Captain Rosie Betanio in fulfilling this Agreement.
Section 3. Scope of Work. The project that is the subject of this Agreement shall consist of the delivery by Sun Ridge to the City of the Software and Services (the “Project”) described in Exhibit A.
Section 4. Payment Schedule. In consideration for the Software and Services to be provided by Sun Ridge under this Agreement, the City agrees to pay Sun Ridge the Total Contract Amount (“Contract Amount”) given in Exhibit B, attached hereto and incorporated herein by reference, according to the following schedule (“Payment Schedule”):
Milestone Amount of Payment
Contract Signing 25% of Contract Amount
Software Installation Complete 25% of Contract Amount
Training Complete 25% of Contract Amount
Final Acceptance 25% of Contract Amount
The City shall not be entitled to withhold or delay payments due to Sun Ridge pursuant to the above Payment Schedule due to delay in the delivery, installation, or testing of Software items described in Exhibit A where the delay is the result of action or inaction or breach of this Agreement by the City, its agents or employees or the action or inaction of a third party which is not within Sun Ridge's reasonable control.
Section 5. Invoices. Invoices shall be sent to:
PSO Terra Casarez
[email protected]
395 Apollo Way Hollister, CA 95023
831-636-4330
Upon receipt of the invoice, the City shall verify that the invoice has been properly prepared and that the conditions of payment have been fulfilled. If the payment conditions have been fulfilled, the invoice shall be processed and paid by the City within thirty (30) days after the City’s receipt thereof.
Sun Ridge Systems, Inc. – Hollister v2 Page 2
Section 6. Term of Agreement. Unless terminated earlier in accordance with the provisions of this Agreement or applicable law, the term of this Agreement (“Term”) shall be from the Effective Date of this Agreement through completion of the Project. Completion of the Project means the installation by Sun Ridge of all of the Software, the completion by Sun Ridge of all training and other Services and the payment by the City to Sun Ridge of the entire Contract Amount. The Project schedule is to be separately generated and agreed to between the parties.
Notwithstanding the foregoing, the License described in Section 9 below will remain in effect until it is terminated pursuant to Section 9.
Section 7. Warranty/Disclaimer of Liability.
a. Sun Ridge warrants that upon delivery it will ensure Software substantially conforms to its Documentation and is free from defects that will materially impair its use. The City’s sole and exclusive remedy for breach of this warranty will be repair or replacement of the Software. Sun Ridge will make reasonable efforts to correct errors in the Software, but does not warrant that the Software is error-free or will perform without interruption. The City has relied solely upon its own investigation and judgment in selecting the Software and not upon any representations or promises of Sun Ridge except as may be expressly stated in this Agreement. b. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES PERTAINING TO THE SOFTWARE, EXPRESS OR IMPLIED, AND SUN RIDGE
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE
QUALITY, CONDITION OR USE OF THE SOFTWARE OR ANY OTHER PART OF THE PRODUCT. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY THE CITY FOR THE PRODUCT.
Section 8. Final Acceptance. For thirty (30) days from the beginning of City’s Operational Use of the Software or forty (40) days after the completion of installation and training by Sun Ridge, whichever comes first (the “Test Period”), City shall test the system for defects and anomalies. “Operational Use” is defined as the City’s use of the Sun Ridge Software in the course of the City’s daily business activities. During the Test Period, Sun Ridge shall address and attempt to resolve issues with the Software identified by City under the Software Support Services Agreement (Exhibit C). At the end of the Test Period, City shall accept or reject the Software as follows:
a. If City determines that the Software is performing to its satisfaction it shall immediately provide written notice to Sun Ridge of final acceptance of the Software (“Final Acceptance Notice”), and upon receipt of a valid invoice from Sun Ridge, shall process and pay the final milestone of the Contract Amount including any additional outstanding milestone Payment Amounts. Any remaining issues with the Software shall be covered as part of the original cost of the system and handled as maintenance items under the Software Support Services Agreement (Exhibit C).
b. If City decides to not accept the Software, then it must so notify Sun Ridge in writing within five (5) calendar days after the end of the Test Period (a “Rejection Notice”). If a Rejection Notice is given, this Agreement shall be automatically terminated and all payments already made by City to Sun Ridge, less the cost of project management, installation, data conversion, and training services provided up to the date of termination shall be returned to
Sun Ridge Systems, Inc. – Hollister v2 Page 3
City by Sun Ridge within thirty (30) days after receipt of the notice. The terms of Section 11 and all other provisions of this Agreement that expressly survive such termination shall apply. c. If City fails to provide a Final Acceptance Notice or a Rejection Notice within five (5) calendar days after the end of the Test Period, then City’s final acceptance of the Software shall be considered to have occurred and City and Sun Ridge shall proceed as described in section 8.a above.
Section 9. Software License. Subject to the terms, conditions, limitations and restrictions set forth in this Agreement, Sun Ridge grants to the City a nonexclusive and non - transferable license, effective upon the City’s Final Acceptance of the Software pursuant to Section 8 above, to use the Software in connection with the City’s normal and customary daily operations substantially as they exist as of the date of commencement of the Term as described below (the “License”). The City shall acquire no ownership or other rights in or to the Software except for the License granted hereunder, and title to the Software shall at all times remain with Sun Ridge.
a. The following additional terms, conditions and limitations apply to the License:
i. The City may use the Software only for the agency that is the subject of this Agreement. The City shall not permit any other agency to use the Software unless it has first obtained explicit written agreement from the Sun Ridge to do so; ii. The City may make a copy of the Software for backup or modification purposes only in support of the City’s authorized use of the Software hereunder as Sun Ridge has expressly authorized; and
iii. No one using the Software, and no one for whose benefit the Software is being used, shall sublicense, resell, distribute, market, provide or otherwise make available the Software or any part or copies thereof to any third party. iv. The City shall not transfer, use, or export the Software in violation of any applicable laws, rules, or regulations of any government or governmental agency. v. The City shall not use the Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component.
vi. The City shall not embed the Software in any third-party applications, unless expressly permitted under this Agreement or otherwise authorized in writing in advance by an authorized officer of Sun Ridge.
vii. The License granted under this Agreement shall apply only to the object code for the Software. No one using the Software, and no one for whose benefit the Software is being used, shall have the right to use or have access to the source code for the Software, and neither the City nor anyone using the Software pursuant to this License will modify, change, merge, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the Software.
viii. The City acknowledges that the Software and the
Documentation constitute trade secrets of Sun Ridge. The City agrees to maintain the
Sun Ridge Systems, Inc. – Hollister v2 Page 4
confidentiality of the Software and the Documentation and shall take commercially reasonable steps to preserve that confidentiality pursuant to Section 12 of this Agreement. b. The term of the License shall commence upon Final Acceptance of the Software by the City, and shall continue until the License is terminated as provided below. i. Sun Ridge may immediately terminate the License in the event of any failure by the City to comply with the terms or conditions of this Agreement by giving written notice of such termination to the City. In the event the City has leased the Software from Sun Ridge, the License will terminate automatically upon termination of the lease. Upon such termination, the City shall immediately cease further use of the Software and will cause all copies of the Software to be destroyed or returned to Sun Ridge. ii. The City may terminate the License at any time by giving written notice thereof to Sun Ridge and by destroying or returning to Sun Ridge all copies of the Software. The City acknowledges and agrees that any election by the City to terminate the License hereunder will not entitle the City to any refund of amounts paid or compensation of any kind from Sun Ridge.
iii. Upon any termination or expiration of the License, an authorized representative of the City shall certify in writing to Sun Ridge that all copies of the Software and the Documentation which were the subject of the License have either been destroyed or returned to Sun Ridge as required above.
iv. The provisions of Sections 7 and 11 through 13, inclusive, shall survive the expiration or termination of this Agreement. c. Sun Ridge may, at its option, release updates to or new versions of the Software. If the City elects to obtain any update or new version of the Software, the use of such update or new version will be subject to the terms and conditions of this Agreement. d. Except as expressly provided in this Agreement, Sun Ridge retains all intellectual property rights and other rights to the Software, Documentation (as defined below), and the source code for the Software.
Section 10. Indemnity and Insurance.
a. Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees (“Claims”), arising out of or relating to (i) any actual infringement of a third-party’s intellectual property rights or (ii) the negligence or willful misconduct of any employee or agent of Sun Ridge occurring during or as a result of Sun Ridge’s performance of its obligations hereunder, provided that Sun Ridge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from or are the result of the negligence or other fault of the City or its employees, agents or other contractors nor shall the foregoing indemnity and hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software or the City’s use or inability to use the Software. This indemnity obligation shall survive the expiration, cancellation or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, and agrees that neither Sun Ridge nor Sun Ridge’s officers, directors, shareholders, employees, agents and affiliates shall have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other Claims arising out of or related to the use or implementation of the Software.
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b. During the term of this Agreement, Sun Ridge shall comply with the following insurance requirements:
i. Workers’ Compensation. Sun Ridge shall fully comply with the terms of the law of California concerning workers’ compensat ion. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Sun Ridge may have for workers’ compensation. Said policy shall also include employer’s liability coverage of $1,000,000 per accident for bodily injury or disease. ii. General Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $1,000,000 per occurrence for bodily injury, and property damage personal injury; coverage includes products and completed operations. Said insurance shall provide (1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and non-contributory. iii. Automobile Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement business automobile liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said insurance operate as primary insurance, and non-contributory. iv. Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation, or change in coverage.
Section 11. Termination Rights. Either party may terminate this Agreement upon material breach of any of the terms of this Agreement by the other Party, after first giving the other party written notice of such breach and thirty (30) days to cure. If the breaching party does not cure the breach within the allotted time, the Agreement will be terminated. Upon Termination, each party will return, delete, or destroy any copies, whether tangible or electronic, of Confidential Information obtained from the other party pursuant to this Agreement, including but not limited to any Documentation and any Confidential Information stored on any equipment that may be returned, and certify to the other party in writing within five (5) business days of the termination date that it has done so. City may terminate this agreement for convenience, with or without cause, upon providing ninety (90) days’ written notice to Sun Ridge.
Section 12. Confidential Information. “Confidential Information” means any and all confidential information of a party to this Agreement that is not generally known to or by members of the public, including but not limited to businesses that compete with such a party, including but not limited to the Software and the Documentation pertaining thereto. Confidential Information shall not include information that is now or becomes part of the public domain, is required by applicable law to be disclosed, was already known by the receiving party at the time of disclosure, is independently developed by the receiving party without any use of Confidential Information, or is lawfully obtained from a third party. “Documentation” means those visually readable materials developed by or for Sun Ridge for use in connection with the Software, in either written or electronic form.
Each party agrees to protect the other party’s Confidential Information. Confidential Information will not be used or disclosed except as authorized by the providing party. Confidential Information will be disclosed to employees of the receiving party only on a “need to know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality.
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If a party or any party acting on its behalf is required to disclose by order of a court of competent jurisdiction, administrative agency or governmental body, or by subpoena, summons or other legal process, or by law, rule or regulation, or by applicable regulatory or professional standards to produce Confidential Information, that party shall promptly (and prior to such disclosure) notify the other party in writing of such demand or requirement whereupon the parties shall cooperate and take all reasonable acts (without significant cost or expense to the notifying party) to exhaust the legal avenues available to maintain the confidentiality of such Confidential Information, unless the party whose Confidential Information is at issue consents to the production and disclosure of such Confidential Information. In all events, only that portion of the Confidential Information specifically requested by the tribunal or person compelling such disclosure shall be provided and no interpretation or analysis of such data prepared for the purpose of such disclosure shall be disclosed unless approved the party whose Confidential Information is at issue or required by law.
Section 13. General Terms.
a. Governing Law. This Agreement will be construed by and enforced in accordance with the laws of the state of California. b. Arbitration. If a dispute arises from or related to this Agreement or the breach of this Agreement and if such dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation to be held in a mutually agreeable location within California, under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from or relating to this Agreement, or breach of this Agreement, shall be settled in arbitration to be held in a mutually agreeable location within California. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association, and the parties shall be allowed discovery in accordance with the California Code of Civil Procedure. If Sun Ridge and the City cannot jointly select a single arbitrator to determine the matter, one arbitrator shall be chosen by each of Sun Ridge and the City (or, if a party fails to make a choice, by the American Arbitration Association on behalf of such party) and the two arbitrators so chosen will select one additional arbitrator. The decision of the single arbitrator jointly selected by Sun Ridge and the City, or, if three arbitrators are selected, the decision of any two of them will be final and binding on the parties and the judgment of a court of competent jurisdiction may be entered on such decision. The prevailing party shall be entitled to recover reasonable fees and expenses resulting from any arbitration proceeding. c. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions.
d. Assignment. Parties may not transfer, assign, or sublicense this Agreement, any license hereunder, or any of its rights or duties hereunder to any other person, site or corporation without the prior written consent of the other party. Any attempted transfer, assignment, or sublicense made without prior written consent shall be completely void. e. Notice. Any notice requested or permitted to be given hereunder shall be sent prepaid, certified mail, return receipt requested, and shall be deemed to have been given on the third (3rd) business day after mailing to the other party as follows: to the City at the address indicated in the initial paragraph of this Agreement or to electronic mail address [email protected]___________________; to Sun Ridge Systems at P.O. Box 5071, El Dorado Hills, CA 95762, or electronic mail address [email protected].
Notices may be given by electronic mail transmission to such address as may be specified by the party for such purpose and shall be deemed to have been given when transmitted to such address with confirmation of a successful transmission.
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f. Independent Contractors. The parties to this Agreement shall constitute independent contractors. Nothing in this Agreement shall be construed as establishing any employment, partnership, joint venture or similar arrangement between the parties, and no party has any authority to commit any other party to any obligation to any other person or entity, unless expressly agreed to in writing signed by such party. g. Force Majeure. Sun Ridge shall not be responsible for interruption of, interference with, diminution of, or suspension of any of its products or services, including performance failure, which are caused by strike, lockout, riot, epidemics, war, government regulation, fire, flood, natural disaster, acts of God, utility failures, losses or injuries arising directly or indirectly from criminal acts, negligent acts of others, malfunctions or inadequacies of equipment or service not directly within the control of Sun Ridge. h. Authorization/Entire Agreement/Modification. This Agreement will be effective upon signing by the City and Sun Ridge. This Agreement is the complete and final Agreement of the parties relating to the subject of this Agreement and it replaces and supersedes any prior or contemporaneous oral or written understandings or agreements. No alteration or variation to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
This Agreement has been executed by the parties hereto, from the date shown on the first page.
SUN RIDGE SYSTEMS, INC.
By:
__________________________________
Carol Gomes Jackson
Its: President
CITY OF HOLLISTER
By:
__________________________________
Its:
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Exhibit A - Scope of Work
Section 1 – Software Licenses
The City has purchased the following software licenses:
RIMS Records Management Software
RIMS Mobile Computer Software
iRIMS Law Mobile App Software
RIMS Property Room Bar Coding Software
Citizen RIMS Public Access Software
The City has purchased the following RIMS interface software:
RIMS State Link (CLETS) Software
RIMS DA Link Software
Section 2 - Project Schedule
Upon execution of the Agreement, Sun Ridge and the City shall define a mutually agreed on project schedule.
Section 3 – Hardware/Equipment
Sun Ridge is providing one (1) Worth Data Bar Code Scanner.
Section 4 – Third-Party Software
Sun Ridge is providing no Third-Party software.
Section 5 - Installation
Sun Ridge will install all Sun Ridge provided Software on City provided servers and will provide instruction to the City staff on how to install the client workstation Software and Mobile/App Software. The City’s servers and workstations (including desktop and laptop computers as well as Android and/or iOS devices) shall meet the minimum specifications set forth in Section 13.
Access to the City supplied servers shall be via unattended remote access using a product called Bomgar by Beyond Trust, provided by Sun Ridge. As part of installation, Sun Ridge will setup a basic system backup process to local disks.
Section 6 – Configuration
Sun Ridge will provide the following sessions to the City’s designated RIMS Administrators:
RIMS Configuration and Setup: Consists of up to 16 hours for RMS configuration and setup review, conducted via phone and/or remote access. The City’s “RIMS Administrators” will be instructed on how to configure RIMS to most closely meet the desired operational procedures of the City. In some cases, the RIMS Administrators may
Sun Ridge Systems, Inc. – Hollister v2 Page 9
find that modifying existing procedures may be desired in order to take full advantage of RIMS functionality. Discussions will include:
Customization of drop-down menu choices for 200+ fields
The City’s records management operational decisions
Paper flow vs paperless vs less paper for records
Selection of case format type
Review of data conversion processes and implementation, including reviewing data and starting data translations if converted data is available at the time the session is scheduled
Section 7 – Street File (aka “Geofile”) Load
The City and Sun Ridge will work together to determine the best street file source. One “load” of this source file into RIMS is included in the scope. If the City determines that additional iterations of the street file are to be loaded (due to updates or corrections) or determines an alternative source for the street file is preferred, Sun Ridge may charge additional fees for the additional loading.
Section 8 - Integration
Sun Ridge will provide RIMS sided interfaces for all third-party software applications listed in Section 1 above. The City must coordinate with third-party vendors to complete and test their portion of the interface.
Section 9 – Training
Sun Ridge is providing “end user” training all of which will be conducted on-site at a City provided location(s). Training days are contiguous, including weekends. Class times are 0800 to no later than 1700. Sun Ridge will provide a training plan at least 30 days prior to the first training session, generally following the parameters and total number of classes set forth in the chart below but with the specifics mutually agreed upon by the Parties.
Sun Ridge will provide course materials/handouts in electronic format in advance of the training.
A “session” is a repeat of the same class/material.
End User Training
Subject
Sessions
Offered
Days Per
Session
Total
Days
Class Size
Officers/Mobile
Training
3 2
6 No more than 2 students
per workstation/20
students per session max
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Records
1 1
1 1 student per workstation
(also must attend Day 1
of Officer Training)
Property Room
1 1
1 1 student per workstation
(also must attend Day 1
of Officer Training)
IT Go Live Prep 1 1 1 TBD
Admin Review 1 1 1 TBD
Section 10 - Go Live Support
Three (3) Sun Ridge staff will be on site on the day of and two (2) staff will be on site the day after go live. Staff will be onsite to answer questions and to address any system problems.
Section 11 – Data Conversion
Data conversion services does not include establishing access between RIMS and the ARMS and RMS systems. The City will provide access to the data, either via a full database backup restored as a SQL database on the RIMS server or by establishing a “linked server” between the RIMS server and the requisite ARMS database. Once Sun Ridge receives access to the data, Sun Ridge will evaluate it to determine which items may be converted into RIMS. Please note that not all data may be available or suitable for conversion. As part of Sun Ridge’s standard data conversion, we attempt to convert the following items. The following items are part of Sun Ridge’s standard data conversion:
RMS Data
People:
Person Name (including combining duplicates based on 6-way match) DOB
Contact Information
Description
Identification Numbers
Officer Safety Notifications
Log Entries for Connections to Cases
Log Entries for Citations
Log Entries for Field Contacts
Person Photos (if stored in the RMS and NOT a separate database or system).
Arrests:
Arrestee
Date/Time
Charges
Counts
Offense Level
Disposition
Booked/Cited Out.
Arresting Officer ID
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Booking #
Vehicles:
License (including combing duplicates based on 2-way match) License
State
Make
Model
Year
Color
Type
Log Entries for Connections to Case
Log Entries for Field Contacts
Log Entries for Citations.
Cases:
Location
Date Reported
Date Occurred
Classification/Type
Offenses
Case Dispositions
Date of Dispositions
Officer ID
Persons
Vehicles
Narratives
Supplements.
Attachments to cases to include the following file types: .doc (no imbedded photos), .pdf., .jpeg.
Accident Reports (if stored in ARMS):
Location
Date Reported
Date Occurred
Classification/Type
Offenses
Case Dispositions
Date of Dispositions
Persons
Vehicles
Narrative
Supplements
CHP 555 Form and Diagram as .pdf files as part of attachments process.
Warrants (if applicable):
Person Name
Warrant #
Warrant Date
Type
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Felony/Misdemeanor
Reason
Court
Judge
Case #
Cite
Docket
Ref #
Agency
Charges
Comment
Bail Amount
Served Date
Returned Date
Returned Reason
Recalled Date
Recalled Reason.
Property in Cases:
Category
Article
Status
Description
Brand
Model
Item #
Property Code
Locations
Value-stolen
Recovered
Damage
Officer.
Premises:
Common Place Name
Address
Contract Person
Contract Phone Number
Alarm.
Streets (if electronic street file is available):
Street Name
Intersections (with block ranges).
Officer:
Name
ID
Users:
Name
ID
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Third-party Property Room data conversion is not included.
Attachments stored in separate databases are not included.
Data conversion is an iterative process and requires the City to review converted data as soon as it is loaded and report any errors found to Sun Ridge. The City must identify at least two people to be part of a data conversion review team. This data conversion review team shall promptly review the converted data once it is loaded into RIMS, identify any problems with the converted data, and report those problems to Sun Ridge in an organized manner.
Sun Ridge will then correct the reported errors, re-run the conversion, reload it onto your system and ask the data conversion review team to review the data again. The cycle is repeated as often as is necessary to ensure that the data conversion is as complete and correct as possible. To assist you with the review process, Sun Ridge will have trainers available via phone and remote access to guide the City. Sun Ridge staff are NOT responsible for reviewing or identifying errors in the converted data. They are responsible for facilitating the process with your staff. If during the course of data conversion Sun Ridge staff becomes aware of any error or defect in the data conversion process or the data itself, Sun Ridge staff will notify the City data conversion review team of such error or defect. and if possible, will correct the identified error and reload it onto the City system.
In addition to the continued review of the data for the duration of the project via phone and remote access, there is one (1) day of on-site data conversion review sessions with the Sun Ridge’s trainer and your staff prior to system cutover.
Our data conversion specialist will work with your technical staff to determine:
1) The best format with which to provide the extracted data to the conversion specialist 2) The best method for transferring that data to the conversion engineer; and, 3) The timing for the final extract, conversion, and load of data for go live.
The City is responsible for the following:
Coordinate and schedule resources of the City to include IT staff Coordinate the resources of EIS if needed to provide support for the data conversion process.
Section 12 - The City’s Responsibilities
The City is responsible for the following:
- Installation of all remaining client workstations
- Installation of all remaining mobile computers
- Installation of all remaining smartphone/tablet devices - Coordinate and schedule resources of the City to include IT staff
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- Identify RIMS Administrators
- Identify Data Conversion Review team (can be the same as RIMS Administrators) - Provide data communications infrastructure (network, wireless, internet, intranet) - Complete, submit and gain approval of updated DOJ CLETS application - Coordinate testing of the CLETS Message Switch
- Complete CIBRS certification (if required by DOJ)
- Contact third party vendors, and any other required third-parties, and coordinate their schedules and costs they may charge the City to provide, install and test their portion of the interface to RIMS.
- Provide Geofile (aka “street file”) source and build-out - Ensure accuracy of the geofile
- Ensure all user-maintained configuration and data validation tables are completed prior to the start of training
- Provide training facilities and workstations (meeting minimum workstations requirements) and ensure access to RIMS training database from the training location(s)
- Training facilities must meet current Federal, State and local guidelines for health and safety, including those that may affect class size and physical configuration - Make paper copies of class materials and handouts provided by Sun Ridge - Schedule the City’s staff into requisite classes
- Assume any costs for staff overtime or other expenses incurred to support training schedule
- The City will allow unattended remote access (during implementation) to Sun Ridge allowing the use of Bomgar by BeyondTrust remote access software so that Sun Ridge may meet its responsibilities under this Agreement
- Purchase a minimum of one (1) DYMO LabelWriter 550 Turbo Label Printer and minimum one (1) month supply of Dymo Labels # 30256 for Property Room
- The City will provide the following hardware meeting the following minimum specifications:
Database Software: Microsoft SQL Server software (Standard Edition) required to run the RIMS database.
Servers: RIMS software supports a traditional hardware platform or a virtual platform. The hypervisor software products supported - VMWare, Hyper-V, and others. You will need one database server and one application server.
The application server does not require as much disk or RAM as the database server.
Monitor Resolution: 1920 x 1080
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Minimum Specifications (If using existing PCs and servers)
Minimum Specifications (If purchasing new PCs and servers)
Mobile Computer Specifications: RIMS Mobile Computer Software/OFR Software and RIMS Mobile Mapping run on Windows laptops or Windows tablets per the following minimum specifications:
Recommended Specifications (If purchasing new Laptops/Tablets)
Laptops / Tablets
Microsoft Windows 10+
i7/i9 Processor
16 GB+ RAM
Any Size Disk Space
Optional features for Mobile RIMS: include support for touchscreens, locally connected GPS devices (COM-port Serial or network connection to the modem), NFC readers for YubiKeys (MFA), and Driver’s License barcode scanning using enabled Getac tablets or DL scanners (Com-port Serial – AAMVA format – purchased separately by the City).
Office Workstations Database Servers
Microsoft Windows 10+Microsoft Windows Server 2016+
2+ Ghz Processor / i5+Microsoft SQL Server 2016+
8 GB+ RAM Intel 2 GHz+ Processor
Any Size Disk Space 16 GB+ RAM
3x Current System Database Size for Conversion
Office Workstations Database Servers
Microsoft Windows 10+Microsoft Windows Server 2022+
i7/i9 Processor Microsoft SQL Server 2022+
16 GB+ RAM i7, Xeon, or AMD Equivalent Processor
Any Size Disk Space 32 GB+ RAM
3x Current System Database Size for Conversion
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Phone and Tablet Devices: The City must provide connectivity from the Phone or Tablet via the internet back to the City to reach the Application Server. The City must also provide a secure method to reach the Application Server, which can be done in various ways. Most agencies choose to use an agency-provided Virtual Private Network (VPN) or Net-Motion-type product that these devices support. Supported Devices Include:
FBI CJIS Requirements: All workstations must comply with FBI CJIS policies, including Multi-Factor Authentication (MFA). MFA can be provided within the Sun Ridge Systems products, or the City can use its own solution. Sun Ridge only offers these two MFA possession solutions: Time-Based One-Time Password (TOTP) Authenticator and physical YubiKeys (purchased by the City). For mobile devices using Mobile RIMS or iRIMS, a Mobile Data Management (MDM) software product may be required, which Sun Ridge does not provide nor sell. The City is responsible for other FBI CJIS requirements, including virus protection, local firewalls, and VPNs.
Property Room Specifications:
- Provide a minimum of one (1) DYMO LabelWriter 550 Turbo Label Printer
- Provide a minimum one (1) month supply of Dymo Labels # 30256 for Property Room
Android Devices iOS Devices
Android v13+iOS v16+
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Exhibit B - Contract Amount
Item Price
RIMS Records Management Software $139,000
RIMS Mobile Computer Software $63,000
iRIMS Law iOS/Android App Software $22,000
RIMS Property Room Bar Coding Software $26,000
Citizen RIMS Public Access Software $11,000
RIMS State Link Software (CLETS) $16,000
RIMS DA Link Software $7,000
Worth Data Bar Coding Equipment $1,700
Data Conversion Services $40,000
Installation and Training $102,073
Annual Support and Updates - First Year $42,600
California Sales Tax $159
CONTRACT AMOUNT $470,532
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Exhibit C – Support Services Agreement
This is a description of the software support, maintenance, and update/upgrade services to be provided by Sun Ridge Systems, Inc. (“SRS”) to the City of Hollister (“Licensee”) as part of a Software Support Services Agreement (“Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee and is effective on the date of system cutover of the first RIMS product in production use.
Under this agreement SRS agrees to provide the following services to Licensee:
1. Coverage Hours. SRS will provide a toll-free phone number and dedicated email address for support purposes during normal service hours. Normal service hours are defined as Monday- Friday, 8AM-5PM PST, except for New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day (“common holidays”).
However, for instances where the Licensee’s system is completely inoperable due to an SRS software problem (“critical problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, common holidays included. Examples of critical problems include:
- RIMS is down/not responding on multiple workstations - Cannot create a call for service (CAD Incident)
- Cannot issue a case number
- Unable to access NCIC
- Other issues that will not allow the user to complete critical tasks Licensee will have taken reasonable measures prior to contacting SRS support during non- service hours including:
- Verified that the issue is not related to just 1 workstation - Restarted the workstation in question
- Contacted in-house IT support if the issue is related to network or server errors - Verified the issue is critical enough that it cannot wait until normal support hours
2. SRS Response to reported problems. SRS agrees to provide service and assistance as expeditiously as possible as follows:
a. Most problems will be resolved with the initial phone call or email.
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b. For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee.
● For critical problems, SRS personnel will work with Licensee until the situation is resolved. ● For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee SRS will endeavor to provide a solution or workaround within 72 hours of the problem being reported to SRS by the Licensee. ● For other problems SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.
3. Licensee equipment and software responsibilities. Licensee agrees to allow SRS to remotely connect to Licensee’s system when a problem is reported. SRS uses BeyondTrust remote access software for secure installation and follow-on support services. BeyondTrust software provides superior security and does so over an ordinary internet connection via an SRS server that hosts a BeyondTrust security hardware device.
If Licensee does not allow unattended access, the SRS response to a service request may be delayed until a responsible party of the Licensee allows access. Once remote access is obtained, SRS will examine data files, investigate reported problems, and provide updates and corrections as necessary.
4. Provision of software updates. SRS will provide all new enhanced and updated versions of software licensed to Licensee at no additional cost. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain SRS to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from the SRS ftp web site. SRS will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.
5. Term. The term of the support period shall be one year from the date of system cutover and shall be annually renewed for another year upon payment of invoice. Payment for the year is due in advance the day the services begin. Non-payment of the support invoice within 60 days as shall be cause for terminating or suspending support services at the discretion of SRS.
6 Termination. Licensee may terminate this Agreement with or without cause upon ninety (90) days written notice to SRS. If terminated, Licensee is entitled to a prorated refund for the service days not consumed beginning on the last day of the month the written notice is received by SRS to the end of the remaining term of the Agreement.
7. Limitations. SRS agrees to provide support only for public safety application software provided by SRS. Other software used by Licensee (word processing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database
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system software is similarly not included, although SRS may assist Licensee in isolating problems to this software. (SRS reserves the right to charge for diagnostic services in the event it is determined that the reported issue is not attributable to RIMS.) Also specifically excluded is responsibility for administration, support, or maintenance of Licensee’ server, computer network, operating systems, or database (Microsoft SQL Server).
Licensee may request that SRS provide support services outside the limitations of this Support Services Agreement. If SRS agrees to provide any requested additional support services, such support services will be provided at SRS’s then current rate and under terms and conditions that SRS may require.
This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners, and other computer peripheral devices with the exception that SRS will assist Licensee in determining whether a problem is RIMS application software in nature.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # Public Works-2025-04
AGENDA ITEM: A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $8,441,982 TO MARINSHIP DEVELOPMENT INTEREST LLC AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE CONTRACT, CHANGE ORDERS, AND
ANY RELATED DOCUMENTS FOR THE INDUSTRIAL WASTEWATER
TREATMENT PLANT AND BRIDGE
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Marco Martinez, Associate Engineer
RECOMMENDED ACTION: Adopt a resolution accepting bids and awarding a contract to Marinship Development Interest LLC for the Industrial Wastewater Treatment Plant and Bridge Road Stormwater Improvements Project, (CIP 2503) and authorizing the City Manager to execute the agreement and any related documents.
DISCUSSION: On October 07, 2019, the City Council of the City of Hollister adopted Resolution 2019-224 authorizing the preparation of plans and specifications for the Industrial Wastewater Treatment Plant (IWTP) Stormwater Improvements Project.
Those plans were completed in August 2023 and a request for bids was advertised.
Only one bid was received, and it was over budget, so the bids were rejected.
On August 7,2023, the City Council of the City of Hollister adopted Resolution 2023-145 authorizing the preparation of plans and specifications for the Bridge Road Outfall Stormwater Improvements Project. Those plans were completed in November 2024.
The IWTP project costs are matching funds for Prop 1 Grant funds (Bridge Road), which means the cost of the IWTP project will qualify as matching funds for the funding the City receives from the Prop 1 Grant for the Bridge Road Trash Capture System.
Given that these two projects are related, and f or bidding and potential cost saving purposes, staff combined the two projects. This created the IWTP/Bridge Road Stormwater Improvements Project (CIP2503). On January 8, 2025, two (2) bids were received. The lowest bid was received from Marinship Development Interest LLC in the amount of $8,441,982. The bid tabulation is attached .
The IWTP/Bridge Road Stormwater Improvements Project includes stormwater improvements at the Industrial Wastewater Treatment Plant and at the Bridge Road Outfall. Listed below are the improvements.
Industrial Wastewater Treatment Plant
Trash Capture Structure
Inlet/Outlet Structure
Emergency Spillway
Emergency backup generator to existing Pond 1 Pump station Slide gate division structure and inlet structure to Pond 3 Hardened spillways to Ponds 3, 4, 5
Bridge Road
Three (3) new Trash Capture Structures
Two (2) flow diversion structures
One (1) Flow Splitter Structure
Installation of inlet and outlet pipes
Installation of Manholes
Reconstruction of existing City Parking Lot
Relocation of existing City Water Line
Installation of Solar Lighting within the Parking Lot
These improvements are a requirement of the Trash Amendment to the City’s Municipal Separate Storm Sewer System (MS4) Permit. The goal of the amendment is to remove as much trash and sediment from stormwater run-off as possible before it enters a waterway, in this case the San Benito River.
City staff is requesting the City Council do the following: Accept the bids received, award the contract to Marinship Development Interest LLC, and authorize the City Manager to execute the contract and any other documents related or required for the project.
FISCAL IMPACT: Fund 662 will cover the total cost of the project $9,623,859 which is included in the approved budget for Fiscal Year 2024/2025. This amount includes a 14% contingency ($8,441,982+$1,181,877). The Prop 1 Grant will reimburse the City for approximately 50%, or $4,811,929, of the cost.
PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council of the City of Hollister adopted Resolution No. 2023-134 approving the receipt of $5,227,540 in Proposition 1 Grant Funding. Resolution 2019-224 approving preparation of plans for IWTP, Resolution 2023-145 approving preparation of plans for Bridge Road, and Resolution 2021-120
CEQA: Mitigated negative declaration, and mitigated monitoring and reporting program as previously adopted by Resolution No. 2021-120
ATTACHMENTS:
1. Resolution
2. Bid Tabulation
3. Contract
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
ACCEPTING THE BIDS RECEIVED, AWARDING A CONTRACT IN THE AMOUNT OF $8,441,982.00 TO MARINSHIP DEVELOPMENT
INTEREST LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT AND ALL OTHER RELATED
DOCUMENTS FOR THE IWTP/BRIDGE ROAD STORMWATER
IMPROVEMENTS PROJECT CIP2503
WHEREAS, Certain public improvements are necessary to comply with the Trash Amendment to the Municipal Separate Storm Sewer System Permit ; and
WHEREAS, City staff have contracted with a consulting engineering firm to develop the necessary plans to construct those certain improvements; and
WHEREAS, on November 07, 2024, City staff called for sealed bids for the construction of those improvements; and
WHEREAS, on January 08, 2025, two (2) bids were received; and
WHEREAS, the lowest responsive and responsible bid was received from Marinship Development Interest LLC.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids and awards a contract to Marinship Development Interest LLC for the bid amount of $8,441,982.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to execute a contract and all other related documents.
Resolution No 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 04, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Roxxane Stephens, 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. 2025-XXX 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 special meeting held on February 04, 2025, 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 February 04, 2025.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on February 04, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
BID OPENING LOG SHEET
This being the time and place as advertised for the Bid Opening for the “IWTP/Bridge Road Outfall Stormwater Improvement Project”, CIP C2503 for the City of Hollister, Associate Engineer Marco Martinez opened the Bids at 2:00 p.m. on Wednesday, January 8, 2025, with the following results:
Engineer’s Estimate: $7,521,594.00
BIDDER’S NAME BID BOND AMOUNT OF BID
Marinship Development LLC X $8,441,982
Mountain Cascade Inc X $10,169,920
Also present:
Renee Perales, CIP Manager
IWTP/Bridge Road Stormwater Improvements Project
Estimated Contract Value ($7521594)
Total Awarded Value $ 0.00
Code Description UOM Code Quantity Price Total Cost Bid Rank Code Quantity Price Total Cost Bid Rank 1 Mobilization/Demobilization Lump-Sum 1 1 200000 200000 1 1 1 225000 225000 2 2 Traffic Control Lump-Sum 2 1 10000 10000 1 2 1 10000 10000 1 3 Stormwater Pollution
Control/SWPPP
Lump-Sum 3 1 100000 100000 1 3 1 126000 126000 2
4 Mitigation Measure Compliance Lump-Sum 4 1 150000 150000 2 4 1 20000 20000 1 5 Construction Survey Lump-Sum 5 1 50000 50000 2 5 1 30000 30000 1 6 Sheeting, Shoring & Bracing Lump-Sum 6 1 750000 750000 2 6 1 100000 100000 1 7 IWTP - Demolition Lump-Sum 7 1 350000 350000 2 7 1 110000 110000 1 8 Bridge Rd - Demoltion Lump-Sum 8 1 350000 350000 2 8 1 40000 40000 1 9 IWTP - Earthwork Lump-Sum 9 1 700000 700000 2 9 1 500000 500000 1 10 Bridge Rd - Earthwork Lump-Sum 10 1 690000 690000 1 10 1 850000 850000 2 11 Bridge Rd - HMA (Type A)Ton 11 89 250 22250 1 11 89 300 26700 2 12 IWTP - Class 2 Aggregate Base Cubic Yard 12 200 100 20000 1 12 200 180 36000 2 13 Bridge Rd - Class 2 Aggregate Base Cubic Yard 13 122 100 12200 1 13 122 190 23180 2 14 Bridge Rd - 2" x 6" Redwood Header
Board
Linear Foot/Feet 14 285 30 8550 1 14 285 40 11400 2
15 IWTP - South Street Diversion
Structure
Lump-Sum 15 1 300000 300000 1 15 1 400000 400000 2
16 IWTP - Percolation Pond 3 Inlet
Structure
Lump-Sum 16 1 250000 250000 2 16 1 130000 130000 1
17 IWTP - Apricot Lane Trash Capture
Structure
Lump-Sum 17 1 350000 350000 1 17 1 385000 385000 2
18 IWTP - Apricot Lane Trash Capture
Structure Spillway
Lump-Sum 18 1 250000 250000 1 18 1 290000 290000 2
19 IWTP - Pond 2 Inlet Structure Lump-Sum 19 1 175000 175000 1 19 1 275000 275000 2 20 IWTP - Pond 2 Outlet Weir Structure Lump-Sum 20 1 250000 250000 1 20 1 300000 300000 2 21 IWTP - Pond 2 Emergency Spillway Lump-Sum 21 1 175000 175000 1 21 1 500000 500000 2 22 IWTP - Percolation Pond 3 Spillway Lump-Sum 22 1 95000 95000 1 22 1 325000 325000 2 23 IWTP - Percolation Pond 4 Spillway Lump-Sum 23 1 95000 95000 1 23 1 350000 350000 2 24 IWTP - Percolation Pond 5 Spillway Lump-Sum 24 1 95000 95000 1 24 1 375000 375000 2 25 Bridge Rd - Flow Splitter Structure Lump-Sum 25 1 340000 340000 1 25 1 395000 395000 2 26 Bridge Rd - Flow Diversion Structure Each 26 2 125000 250000 1 26 2 130000 260000 2 27 Bridge Rd - Trash Capture Structure Each 27 3 250000 750000 1 27 3 640000 1920000 2 28 Bridge Rd - Concrete Valley Gutter Lump-Sum 28 1 20000 20000 2 28 1 15000 15000 1 29 Bridge Rd - 8" C900 (Class 235) PVC
Potable Water Main
Linear Foot/Feet 29 170 200 34000 1 29 170 325 55250 2
30 Bridge Rd - 42" RCP Storm Drain Linear Foot/Feet 30 38 650 24700 2 30 38 560 21280 1 31 IWTP - 54" RCP Storm Drain Linear Foot/Feet 31 328 600 196800 1 31 328 1100 360800 2 32 IWTP - 60" RCP Storm Drain Linear Foot/Feet 32 140 750 105000 1 32 140 1740 243600 2 33 Bridge Rd - 84" RCP Storm Drain Linear Foot/Feet 33 46 1000 46000 1 33 46 1300 59800 2 34 Bridge Rd - 84" SRPE Pipe Storm
Drain
Linear Foot/Feet 34 51 1500 76500 1 34 51 2910 148410 2 35 Bridge Rd - 72" Diameter Manhole Each 35 1 8000 8000 1 35 1 52000 52000 2 36 IWTP - 96" Diameter Manhole Each 36 4 50000 200000 1 36 4 80000 320000 2 37 Bridge Rd - 96" Diameter Cast-in-
Place Manhole
Each 37 1 85000 85000 2 37 1 78000 78000 1
38 IWTP - 60" In-line Check Valve Lump-Sum 38 1 100000 100000 2 38 1 40000 40000 1 39 Bridge Rd - Chain Link Fencing Linear Foot/Feet 39 60 200 12000 1 39 60 200 12000 1 40 IWTP - Security Fencing Linear Foot/Feet 40 300 23.83 7149 1 40 300 100 30000 2 41 IWTP - 16' Double Wide Swing Gate
(Chain Link)
Each 41 1 8000 8000 2 41 1 4500 4500 1
42 Bridge Rd - 26' Double Wide Swing
Gate (Chain Link)
Each 42 1 8000 8000 2 42 1 5500 5500 1
43 Bridge Rd - Signs, Object Markers &
Street Barricades
Lump-Sum 43 1 5000 5000 1 43 1 10000 10000 2
44 Bridge Rd - Parking Lot Striping Lump-Sum 44 1 5000 5000 1 44 1 6500 6500 2 45 IWTP - Pond 2 Pump Station
Improvements
Lump-Sum 45 1 147833 147833 1 45 1 360000 360000 2
46 IWTP - Generator and Generator Pad Lump-Sum 46 1 250000 250000 2 46 1 110000 110000 1 47 IWTP - Electrical and Controls Lump-Sum 47 1 275000 275000 2 47 1 170000 170000 1 48 Bridge Rd - Parking Lot Solar Lighting Each 48 2 20000 40000 1 48 2 27000 54000 2 Marinship Development Interest LLC Mountain Cascade Inc Total : $ 8441982.00 Total : $ 10169920
Construction Contract – Page 1
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT, entered into on _______________ , 202_ (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and ________________________________________________("Contractor"), is made with reference to the following:
R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B. Contractor is a corporation duly organized and in good standing in the State of ________________, License Number ___________. Contractor is a general contractor with a grade A contractor’s license__________________, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.
C. On November ___, 2024, City issued a Notice Inviting Bids to contractors for the IWTP/Bridge Road Stormwater Improvements Project. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non-Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); and Insurance Requirements (Exhibit 11), and Additional Contract Requirements (if applicable).
D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the General Conditions, and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.
February 04
Marinship Development Interest LLC
California 1013885
07 5
Construction Contract – Page 2
E. City and Contractor desire to enter into this Construction Contract for the IWTP/Bridge Road Stormwater Improvements Project, CIP 2503, and other services, as identified in the in the Bid Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals set forth above are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.
SECTION 2 THE PROJECT.
The IWTP portion of this project involves the construction of a new Trash Capture Structure, inlet structure, outlet structure, emergency spillway, improvements to the existing Pond 1 pump station to include a new emergency backup generator, new slide gate division structure and inlet structure to Pond 3, and hardened spillways for Ponds 3, 4 and 5.
The Bridge Road portion of this project involves the construction of three (3) new trash capture structures, two (2) flow diversion structure, one (1) flow splitter structure, inlet/outlet pipes, manholes, reconstruction of existing city parking lot on, relocation of an existing city water line, and site solar lighting.
("Project").
SECTION 3 THE CONTRACT DOCUMENTS.
The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Bids
(ii) Executed Construction Contract between City and Contractor. (iii) Instructions to Bidders
(iv) Statement of Work
(v) Items of Construction
(vi) Designation of Subcontractors
(vii) Non-Collusion Declaration
(xiii) General Conditions
(xvi) Special Provisions and Technical Specifications.
(x) Performance and Payment Bonds.
Construction Contract – Page 3
(xi) Insurance Forms.
(xii) Plans and Drawings.
(xiii) Reports listed in the Bidding Documents.
(xiv) Supplements, Attachments, and Exhibits attached to the above items. (xv) Modifications.
(xvi) Change Orders.
(xvii) Field Directives
SECTION 4 THE WORK.
The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.
SECTION 5 PROJECT TEAM.
In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.
6.3 Contract Time.
Contractor shall diligently prosecute the Work to Substantial Completion within two hundred (200) working days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).
6.4 Liquidated Damages.
6.4.1 Entitlement.
City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants.
Construction Contract – Page 4
(ii) Loss of public use of public facilities.
(iii) Extended disruption to public.
6.4.2 Daily Amount.
City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion. Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.
6.4.3 Apportionment.
Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.
6.4.4 Exclusive Remedy.
City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.
6.4.5 Damages upon Abandonment.
In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance.
Construction Contract – Page 5
.2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.
6.4.6 Other Remedies.
The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.
6.5 Adjustments to Contract Time of Completion.
The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.
6.6 Additional Compensation to Contractor.
The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.
Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:
(i) Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii) Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the total Contract Sum of Eight-Million and Four-Hundred and Forty-One Thousand, Nine-Hundred and Eighty-Two Dollars ($8,441,982.00) (the "Constract Sum).
Construction Contract – Page 6
7.2 Full Compensation.
The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
Contractor agrees that the Work shall be performed by qualified, experienced and well - supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub - subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub - subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v) Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.
However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees
Construction Contract – Page 7
incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
9.2 Survival.
The provisions of Section 9 herein shall survive the termination of this Construction Contract.
SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.
This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; and (ii) [blank]
SECTION 11 INSURANCE AND BONDS.
Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.
For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
Construction Contract – Page 8
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.
13.2 Notice Recipients.
All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:
City of Hollister, Development Services Department Engineering Division 339 Fifth St.
Hollister, CA 95023
Attention: Renee Perales, CIP Manager
Re: Industrial Wastewater Treatment Plant/Bridge Road Outfall Stormwater Improvements (CIP No. 2503) Project
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:
City of Hollister, City Attorney Office
375 Fifth St.
Hollister, CA 95023
Attention: Mary F. Lerner, Lozano Smith Attorneys at Law- City Attorney Re: Industrial Wastewater Treatment Plant/Bridge Road Outfall Stormwater Improvements (CIP No. 2503) Project
All such Claims shall be delivered personally or sent by certified mail.
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
__________________________________
__________________________________
__________________________________
__________________________________
Re: Industrial Wastewater Treatment Plant/Bridge Road Outfall Stormwater Improvements (CIP No. 2503) Project
13.3 Change of Address.
In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party ma y, by written notice only, add delete or replace any listed individuals.
SECTION 14 DISPUTE RESOLUTION.
14.1 Resolution of Contract Disputes.
All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104 - 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.
Marinship Development LLC
Attn: Derek Smith, Managing Member
2100 Embarcadero, Ste. 205
Oakland, CA 94606
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14.2 Resolution of Other Disputes.
14.2.1 Other Disputes.
The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub - subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.
14.2.2 Litigation, City Election.
Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.
Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.
14.3 Submission of Contractor Claim.
14.3.1 By Contractor.
Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the General Conditions.
14.3.2 By City.
City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.
Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).
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14.4 Contract Dispute Resolution Process.
The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall parti cipate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.
14.4.1 Response by City.
The time periods for the City's response are set forth in the General Conditions.
14.4.2. Meet and Confer Conference.
If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.
The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in
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dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
14.4.4 Binding Arbitration.
If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein.
.3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award.
.6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code;
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provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.
Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.
14.5 Non-Waiver.
There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2).
Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.
SECTION 15 DEFAULT.
15.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of
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default to Contractor in the manner specified for the giving of notices in the Construction Contract.
15.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.
SECTION 16 CITY'S RIGHTS AND REMEDIES.
16.1 Remedies Upon Default.
In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:
16.1.1 Delete Certain Services.
City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.
16.1.2 Perform and Withhold.
City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.
16.1.3 Suspend The Construction Contract.
City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.
16.1.4 Terminate the Construction Contract for Default.
City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.
16.1.5 Invoke the Performance Bond.
City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.
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16.1.6 Additional Provisions.
All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.
16.2 Delays by Sureties.
Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.
City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.
16.3 Damages to City.
16.3.1 For Contractor's Default.
City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.
16.3.2 Compensation for Losses.
In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor
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until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
16.4 Termination of the Construction Contract for Default.
Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.
16.5 Suspension by City for Convenience.
City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
16.6 Termination Without Cause.
City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.
16.6.1 Compensation.
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Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph
6.6 of this Construction Contract.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.
16.6.2 Subcontractors.
Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.
16.7 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide
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whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.
17.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:
17.1.1 For Work Stoppage.
The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
17.1.2 For City's Non-Payment.
If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.
17.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.
SECTION 18 ACCOUNTING RECORDS.
18.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take -
Construction Contract – Page 18
offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.
18.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.
SECTION 19 INDEPENDENT PARTIES.
Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 20 NUISANCE.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.
SECTION 21 PERMITS AND LICENSES.
Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.
SECTION 22 WAIVER.
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.
City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.
SECTION 24 GOVERNING LAW.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.
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SECTION 25 COMPLETE AGREEMENT.
This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.
SECTION 26 SURVIVAL OF CONTRACT.
The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.
SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.
This contract does not have special fund(s) involved requiring additional contract requirements, therefore this section does not apply.
This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
Community Development Block Grant (CDBG)
Housing and Urban Development (HUD)
[Blank]
Other: ___________________________
Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.
SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854
In accordance with State of California Senate Bill No. 854 (SB 854):
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 4 Proposition 1 Grant
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This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).
Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .
SECTION 31 GOVERNMENTAL POWERS.
Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.
SECTION 32 SEVERABILITY.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
SECTION 33 EXHIBITS.
Exhibit 1 – Notice Inviting Bids.
Exhibit 2 – Contractor's Bid.
Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.
Exhibit 4 – Statement of Work.
Exhibit 5 – Items of Construction.
Exhibit 6 – Designation of Subcontractor.
Exhibit 7 – Non-Collusion Declaration.
Exhibit 8 – General Conditions.
Exhibit 9 – Special Provisions and/or Technical Specifications.
Exhibit 10 – Payment and Performance Bonds.
Exhibit 11 – Insurance Requirements
Exhibit 12 – Additional Contract Requirements (if applicable)
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.
CITY OF HOLLISTER,
a municipal corporation
By: ____________________________
Roxanne Stephens, Mayor
APPROVED AS TO FORM:
By: __________________________
Mary F. Lerner, Lozano Smith Attorneys at Law
ATTEST:
By: ____________________________
Jennifer Woodworth, MMC, CPMC City C
CONTRACTOR: Marinship Development Interest LLC
__________________________________
__________________________________
By _______________________________
Title _____________________________
CONTRACTOR: Marinship Development Interest LLC
Derek Smith
Managing Member
EXHIBIT 1
Notice Inviting Sealed Bids
Notice Inviting Sealed Bids – Page 1
NOTICE INVITING SEALED BIDS
for the
INDUSTRIAL WASTEWATER TREATMENT PLANT/
BRIDGE ROAD OUTFALL STORMWATER IMPROVEMENTS (CIP NO. 2503)
PROJECT
(IWTP/Bridge Road Stormwater Improvements Project)
The City Council of the City of Hollister invites sealed bids for the IWTP/Bridge Road Stormwater Improvements Project, CIP No. 2503.
The IWTP portion of this project involves the construction of a new Trash Capture Structure, inlet structure, outlet structure, emergency spillway, improvements to the existing Pond 1 pump station to include a new emergency backup generator, new slide gate division structure and inlet structure to Pond 3, and hardened spillways for Ponds 3, 4 and 5.
The Bridge Road portion of this project involves the construction of three (3) new trash capture structures, two (2) flow diversion structure, one (1) flow splitter structure, inlet/outlet pipes, manholes, reconstruction of existing city parking lot on, relocation of an existing city water line, and site solar lighting.
All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.
This project is subject to a Community Workforce Agreement/Project Labor Agreement. A copy of this agreement titled “Community Workforce Agreement for the City of Hollister” is available at the following website https://www.bidnetdirect.com/california/cityofhollister .
The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.
Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.
Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classi- fication, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars.
Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.
Notice Inviting Sealed Bids – Page 2
All proposals or bids shall be accompanied by cash, cashier’s or certified check payable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.
Said sealed bids shall be submitted to the City of Hollister electronically via Bidnet, on or before 12/12/2024, 2 p.m. said time being at least ten (10) days from the first publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening date.
A non-mandatory Pre-bid conference will be held in person on 11/20/2024, 2 p.m. The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on_12/5/2024, 2 p.m. Questions must be received prior to this time and date via Bidnet. All questions received after this date and time will not be answered.
The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at https://www.hollister.ca.gov/services/bid_opportunities.php Plan holders must register before they can view or purchase the bid package.
To attend the pre-bid or bid opening meeting by Zoom, please the links below:
Pre-bid Meeting
Date/Time: 11/20/2024, 2 PM Pacific Time (US and Canada) Location: City of Hollister City Hall
375 Fifth Street, Hollister, CA 95023
Join Zoom Meeting
https://us02web.zoom.us/j/83575062814?pwd=xldKvbFMjL0OJo1ree2pTujBx pgj4.1 Meeting ID: 835 7506 2814
Passcode: 262109
Bid Opening
Date/Time: 12/12/2024, 2 PM Pacific Time (US and Canada) Location: City of Hollister City Hall
375 Fifth Street, Hollister, CA 95203
Join Zoom Meeting
https://us02web.zoom.us/j/81994494009?pwd=20nVjjEscyYpQXZO0axYP6cy6rOUqD.1 Meeting ID: 819 9449 4009
Passcode: 841987
Dated: _______________
Marco Martinez
City of Hollister Published: __________ & ______________
EXHIBIT 2
Contractor's Bid
EXHIBIT 3
Instructions to Bidders
ITB – 1
INSTRUCTIONS TO BIDDERS
A) GENERAL INFORMATION
The City of Hollister, California, will receive bids, via Bidnet, until 2:00 pm on 12/12/2024, at which time they will be publicly read, “INDUSTRIAL WASTEWATER TREATMENT PLANT /BRIDGE ROAD OUTFALL STORMWATER IMPROVEMENTS (CIP NO. 2503) PROJECT”
Said bids will be referred to and considered by the city council within 60 calendar days from said bid opening date.
This project is subject to a Community Workforce Agreement/Project Labor Agreement. A copy of this agreement titled “Community Workforce Agreement for the City of Hollister” is available at the following website
https://www.hollister.ca.gov/services/bid_opportunities.php
B) PROPOSAL FORMS
All proposals must be made upon the “Schedule of Proposal” contained within the specifications.
All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.
C) BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.
Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.
Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.
D) CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful perfor mance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall
ITB – 2
be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.
In lieu of said faithful performance bond for maintenance, the Contractor may furnish a maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period. Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES
Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.
The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.
F) AWARD OF CONTRACT
The award of the contract, if it is awarded, will be made within Sixty (60) calendar days after the opening of the proposals.
G) EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.
Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
H) STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the latest City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.
The APWA Green Book Specifications may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.
The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
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FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS, are hereby incorporated into these specifications.
I) SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), latest edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.
J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK
The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.
K) WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.
L) LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.
M) PREVAILING WAGES APPLICABLE
Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.
N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.
Prior to award of contract, Contractor shall provide proof of on -line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’
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legal name, registration number, license type/number(s), registration date, and expiration date .
Proof of DIR registration is not required to be submitted with the Bid.
O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.
P) HOURS OF CONSTRUCTION
In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:
• 7:00 A.M. and 6:00 P.M. Monday through Friday
• Work is prohibited on Sundays and Federal Holidays
EXHIBIT 4
Statement of Work
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STATEMENT OF WORK
A) LOCATION
The IWTP portion of this project is located southwest of the intersection of South Street and Sunset Drive, in the southwestern portion of the City of Hollister, CA. The facility address is 1321 South Street, Hollister, CA.
The Bridge Road portion of this project is located southwest of the intersection of Bridge Road and Bridgevale Road, in the southwestern portion of the City of Hollister, CA.
B) DESCRIPTION OF WORK
The work to be performed includes but is not necessarily limited to:
IWTP: construction of a new Trash Capture Structure, inlet structure, outlet structure, emergency spillway, improvements to the existing Pond 1 pump station to include a new emergency backup generator, new slide gate division structure and inlet structure to Pond 3, and hardened spillways for Ponds 3, 4 and 5.
Bridge Road: construction of three (3) new trash capture structures, two (2) flow diversion structure, one (1) flow splitter structure, inlet/outlet pipes, manholes, reconstruction of existing city parking lot on, relocation of an existing city water line, and site solar lighting.
C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual.
No hard copy sets will be provided to the Contractor.
D) FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.
E) TIME FOR COMPLETION
Work shall begin within ten (10) days after the written “Notice to Proceed” has been received by the Contractor.
The work shall be diligently prosecuted to completion before the expiration of 200 working days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.
Contractor shall provide a project schedule at the construction kick -off meeting.
F) REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.
G) DELETION OF CONSTRUCTION ITEMS
The City reserves the option to delete any item or items of construction in entirety without penalty.
Section 2, “Scope of Work” of the Standard Specifications shall not apply.
EXHIBIT 5
Items of Construction
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ITEMS OF CONSTRUCTION
Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as specified herein. All work is paid for through corresponding bid items and no additional compensation shall be provided.
PART 1 GENERAL
1.01 This Section describes the methods of measurement and payment for the specific bid items. All other provisions of the Contract Documents which relate to measurement and payment are applicable, except that where conflicts occur between this section and other provisions of the technical specifications or reference specifications, this measurement and payment section shall prevail.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.01 GENERAL
A. All work shown, described, or otherwise required by the Contract Documents, shall be included within the given bid items.
B. Payment for all bid items shall include full compensation for all equipment, materials, labor, tools, trucking, and all other incidental work necessary to construct complete and operational systems which conform to the Contract Documents.
3.02 MEASUREMENT AND PAYMENT FOR BID ITEMS
A. All lengths shall be measured in a horizontal plane (plan view dimensions), unless otherwise specified. All areas measured shall be based on the specified measurement definition included in each bid item description.
B. All work shown, described, or otherwise required by the Contract Documents, shall be included within the given bid items.
C. Basis for the submitted bid shall be on the quantities shown for the items on the Bid Sheet.
D. Where a bid item description is not specific as to the Bridge Road or IWTP Project, the bid item pertains to both Projects. For example, Bid Item 1, Mobilization/Demobilization covers both project sites/locations. A Schedule of Values shall be required for all such bid items, whether indicated so on the bid schedule or not, and the SOV breakdown shall distinguish between the two
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Project sites to allow the City to determine percentage of cost share from each Project to two different funding sources.
E. Unit definitions of Measurement and Payment
1. “Lump Sum”, or “LS”, shall mean a single Lump Sum Payment for the identified bid item. Partial payments may be made, based on the Engineer’s estimate of the percent completion of the specified item.
Provide schedule of values for lump sum bid items with pay designation of “SV” on the bid schedule. Refer to Section 01 30 00, Administrative Requirements, Para. 1.04 for submittal requirements for Schedule of Values.
2. “Each” shall mean the actual number of identified bid items provided.
Payment for the identified bid item will be based on providing each item, complete and in place in accordance with the contract documents.
3. Measurable units of quantity expressed in “Linear Feet” or “LF”; “Cubic Yard or CY”; “Ton”; “SF” or “SY” shall mean the number of indicated measurable quantities of the bid item. Payment for the identified bid item will be based on actual and measured quantities of the bid item installed.
4. For quantity changes for unit price work, refer to the General Conditions, Paragraph G4.04, G4.08, and G4.17
F. Final Pay Quantities.
1. Bid items that are designated a Final Pay Quantity bid item by having the notation (F) or (S-F) shown on the bid sheet or by designation in these specifications.
2. The quantity shown on the bid sheet for a Final Pay Quantity shall be the final pay quantity used for the purpose of payments, unless the dimensions of any portion of the item are modified by the Engineer, or the item or any portion of the item is eliminated.
3. If the dimensions of any portion of a Final Pay Quantity bid item are changed, and the changes result in an increase or decrease in the quantity of the item, the final pay quantity will be revised by the change in quantity.
4. If a portion of a Final Pay Quantity item, or the item is eliminated, the final pay quantity will be adjusted by the quantity eliminated.
5. The estimated quantity shown on the bid sheet for a Final Pay Quantity bid item shall be considered as an estimate only and no guarantee is made that a quantity computed based on the details and the plans, will equal the estimated quantity shown on the bid sheet. No allowance is made in the event that a computed quantity does not equal the estimate quantity.
6. In the case of a discrepancy between a quantity shown on the plans, and an estimated quantity shown on the bid sheet for a Final Pay Quantity item, payment will be based on the quantity shown on the bid sheet.
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Bid Item No. 1 – Mobilization/Demobilization
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Mobilization/Demobilization.
1. No payment for Mobilization/Demobilization work will be made until all the listed items have been completed to the satisfaction of the City.
2. Contractor shall be compensated no more than 70% of total bid value for Mobilization/Demobilization for mobilization; the remaining 30% of the total bid value will be paid for as part of the Final Payment.
3. Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobilization.
4. There will be no additional cost for mobilization/demobilization if added alternate work is included.
D. Scope of bid item: Mobilization/Demobilization includes, but is not limited to the following:
1. Obtaining all required bonds, insurance, and permits.
2. Compliance with State Board funding requirements including Iron and Steel Requirements, Project Signage and other items specified in State Board Agreement.
3. Posting all Cal-OSHA required notices and establishment of safety programs and injury and illness prevention plan (IIPP).
4. Moving onto the site of all Contractors’ plant and equipment required for project operations.
5. Arranging for and erection of Contractor's work areas and storage yards.
6. Coordination with utility companies during construction activities adjacent to utility agency facilities.
7. Providing and installing temporary communication facilities.
8. Providing and installing construction water and on-site sanitary facilities.
9. Designation of the Contractor's superintendent who will be present at the job site full time.
10. Preparing and submitting a written construction schedule prior to beginning work and throughout construction.
11. Documenting construction progress, including pre- and post-construction photographs, and progress photographs.
12. Preparing and submitting field record drawings, and other close-out deliverables per section 01 70 00.
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13. Removing equipment, personnel, temporary facilities, and other construction resources at job completion.
14. Site cleanup.
15. All other incidental work as specified in Division 01 of the Specifications, the City General Conditions, City Division 1 Special Provisions, and City Division 2 Technical Specifications, and as necessary to complete Mobilization/Demobilization in accordance with the Contract Documents.
Bid Item No. 2 – Traffic Control
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in traffic control.
1. Traffic control shall be compensated according to the following schedule:
70% for set up of traffic control and construction area signs and 30% for completion of traffic control and removal of construction area signs.
D. Scope of bid item: traffic control includes, but is not limited to the following:
1. Preparation of approved traffic control plans in accordance with CA MUTCD, as required for execution of the Work.
2. Compliance with the requirements of City Special Provisions Section 01414, Warning Devices and Barricades.
3. Managing and notifying public and safety personnel (fire, police), utility services (US mail, garbage, etc.) of road closures, parking restrictions and other traffic related matters.
4. Providing traffic control including flagmen, warning signs, cones, warning devices and other such labor, materials and equipment to provide traffic control for the Work.
5. All other incidental work necessary to complete traffic control in accordance with the Contract Documents.
Bid Item No. 3 – Storm Water Pollution Control/SWPPP
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Storm Water Pollution Control/SWPPP.
D. Scope of bid item: Storm Water Pollution Control/SWPPP includes, but is not limited to the following:
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1. This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
2. Proper management of storm water in accordance with local and State requirements.
3. Prepare a SWPPP in accordance with local and State requirements.
4. Compliance with the requirements of City Special Provisions Section 01423, Drainage Control, City Special Provisions Section 01424, Erosion Control and all SWPPP requirements inclu`ding QSP inspections during construction. Complying with all reporting, monitoring, inspection and permitting requirements for protection of water quality.
5. All other incidental work necessary to complete Storm Water Pollution Control/SWPPP Compliance in accordance with the Contract Documents.
Bid Item No. 4 – Mitigation Measure Compliance
E. Units: Lump Sum (LS)
A. Measurement: Partial payments based on Engineer’s determination.
B. Payment: Payment includes full compensation for all work required to complete the contract requirements for mitigation measure compliance.
C. Scope of bid item: Work for mitigation measure compliance includes, but is not limited to the following:
1. All mitigation measure work described in Section 01 35 00, Special Project Procedures, and the Drawings.
2. All other incidental work necessary to complete mitigation measure compliance in accordance with the Contract Documents.
Bid Item No. 5 - Construction Survey
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Construction Survey.
D. Scope of bid item: Construction Survey includes, but is not limited to the following:
1. All survey work as described in Section 02120 Surveying & Construction Staking, and the Drawings.
2. Replacement of property corner markers, including proper recordation.
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3. Pothole surveys and pothole reports.
4. All other incidental work necessary to complete Construction Survey in accordance with the Contract Documents.
Bid Item No. 6 - Sheeting, Shoring and Bracing
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Sheeting, Shoring and Bracing.
D. Scope of bid item: Work for Sheeting, Shoring and Bracing includes, but is not limited to the following:
1. Required fees, permits, plans, and submittals, prepared by California registered civil or structural engineer.
2. Compliance with all requirements for Cal-OSHA construction safety in the excavation of trenches and pits, including in Section 31 40 00 Shoring and Underpinning, and Section 31 23 33, Trenching and Backfilling.
3. Engineered shoring plan for deep trench and deep excavation construction, where required.
4. Trench excavation plans if required.
5. Providing adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb, which shall conform to the applicable construction safety orders.
6. All other incidental work necessary to complete Sheeting, Shoring and Bracing in accordance with the Contract Documents.
Bid Item No. 7 – IWTP - Demolition
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for site demolition.
D. Scope of bid item IWTP - Demolition includes, but is not limited to the following:
1. Demolition and removal of items shown to be demolished on the drawings and protecting existing improvements in place during demolition Work.
2. Cut, cap and abandon/remove piping as indicated on the drawings.
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3. Removal and disposal of all materials not designated to remain or to be salvaged within the demolition area.
4. Potholing required to locate existing facilities to be abandoned, removed, protected in place, or relocated.
5. Restoration of site and surface improvements impacted by demolition Work as indicated on the drawings, that does not include new Work shown on the Drawings.
6. All other incidental work necessary to complete site IWTP - Demolition in accordance with the Contract Documents.
Bid Item No. 8 – Bridge Rd - Demolition
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for site demolition.
D. Scope of bid item Bridge Rd - Demolition includes, but is not limited to the following:
1. Demolition and removal of items shown to be demolished on the drawings and protecting existing improvements in place during demolition Work.
2. Cut, cap and abandon/remove piping as indicated on the drawings.
3. Removal and disposal of all materials not designated to remain or to be salvaged within the demolition area.
4. Potholing required to locate existing facilities to be abandoned, removed, protected in place, or relocated.
5. Restoration of site and surface improvements impacted by demolition Work as indicated on the drawings, that does not include new Work shown on the Drawings.
6. All other incidental work necessary to complete site Bridge Rd - Demolition in accordance with the Contract Documents.
Bid Item No. 9 – IWTP - Earthwork
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for earthwork.
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D. Scope of bid item: IWTP - Earthwork includes, but is not limited to the following:
1. All work as described in Section 31 00 00. Earthwork, including clearing and grubbing, excavation, subgrade preparation for the structures
2. Grading and re-grading required to provide proper drainage.
3. Dust control, management of surface and subsurface waters
4. All other incidental work necessary to complete IWTP - Earthwork in accordance with the Contract Documents.
Bid Item No. 10 – Bridge Rd - Earthwork
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for earthwork.
D. Scope of bid item: Bridge Rd - Earthwork includes, but is not limited to the following:
1. All work as described in Section 31 00 00. Earthwork, including clearing and grubbing, excavation, subgrade preparation for the structures
2. Grading and re-grading required to provide proper drainage.
3. Dust control, management of surface and subsurface waters
4. All other incidental work necessary to complete Bridge Rd - Earthwork in accordance with the Contract Documents.
Bid Item No. 11 – Bridge Rd - HMA (Type A)
A. Units: Ton
B. Measurement: For the purposes of documenting the amount of material removed, Contractor shall quantify actual quantity of HMA delivered to the job site, and applied to street surface, as measured by delivery tickets and field measurements at the job site.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to apply Bridge Rd - HMA (Type A) as required for construction for all items of work.
D. Scope of bid item: Bridge Rd - HMA (Type A) includes, but is not limited to the following:
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1. Grinding existing asphalt surfaces and providing HMA as shown on the plans.
2. HMA per Caltrans Standard Section 39-2.02.
3. Sawcutting asphalt.
4. Raising and lowering valve lids, manhole covers, survey monuments, and other utility covers to match finished surface of HMA.
5. Hauling and disposing of grindings and excess materials in accordance with the Contract Documents.
6. All other incidental work necessary to complete Bridge Rd - HMA (Type A) work in accordance with the Contract Documents.
Bid Item No. 12 – IWTP - Class 2 Aggregate Base
A. Units: Cubic Yard (CY)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment includes full compensation for all furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, the IWTP - Class 2 Aggregate Base in accordance with the contract documents.
D. Scope of bid item IWTP - Class 2 Aggregate Base includes, but is not limited to the following:
1. Constructing class 2 aggregate base to the limits and extent of shown on the drawings, including class 2 aggregate base for areas disturbed by excavation in the road footprint.
2. Placement and compaction of aggregate base.
3. Erosion and dust control, control of surface and subsurface waters.
4. All other incidental work necessary to complete the IWTP - Class 2 Aggregate Base in accordance with the Contract Documents.
E. The cost of class 2 aggregate base or crushed gravel under vaults, manholes, pre-cast and cast-in-place structures, generator pads, is paid for separately under the corresponding other bid items listed.
Bid Item No. 13 – Bridge Rd - Class 2 Aggregate Base
A. Units: Cubic Yard (CY)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment includes full compensation for all furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete
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and in place, the Bridge Rd - Class 2 Aggregate Base in accordance with the contract documents.
D. Scope of bid item Bridge Rd - Class 2 Aggregate Base includes, but is not limited to the following:
1. Constructing class 2 aggregate base to the limits and extent of shown on the drawings, including class 2 aggregate base for areas disturbed by excavation in the road footprint.
2. Placement and compaction of aggregate base.
3. Erosion and dust control, control of surface and subsurface waters.
4. All other incidental work necessary to complete the Bridge Rd - Class 2 Aggregate Base in accordance with the Contract Documents.
E. The cost of class 2 aggregate base or crushed gravel under vaults, manholes, pre-cast and cast-in-place structures, generator pads, is paid for separately under the corresponding other bid items listed.
Bid Item No. 14 – Bridge Rd - 2” x 6” Redwood Header Board A. Units: Linear Foot (LF)
B. Measurement: Linear feet of redwood header board constructed per contract documents for this item, measured along horizontal projection along centerline axis of header board.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - 2” x 6” Redwood Header Board in accordance with the contract documents.
D. Scope of bid item Bridge Rd - 2” x 6” Redwood Header Board in includes, but is not limited to the following:
1. Redwood header board as shown on the drawings
2. Redwood stakes as spaced and as shown on the drawings
3. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
4. All other incidental work necessary to complete the Bridge Rd - 2” x 6” Redwood Header Board in accordance with the Contract Documents.
5. Bid Item No. 15 – IWTP - South Street Diversion Structure A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
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C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - South Street Stormwater Diversion Structure in accordance with the contract documents.
D. Scope of bid item IWTP - South Street Stormwater Diversion Structure includes, but is not limited to the following:
1. Pre-cast concrete box as shown on the drawings.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Tie-in to existing 24” RCP and 27” RCP lines per details shown on plans.
4. Slide gates.
5. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
6. FRP grating.
7. Trenching, excavation, backfilling, compaction, and surface replacement/restoration.
8. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
9. Control of ground and surface waters, verification of adjacent utilities.
10. All other incidental work necessary to complete IWTP - South Street Stormwater Diversion Structure in accordance with the Contract Documents.
Bid Item No. 16 – IWTP - Percolation Pond 3 Inlet Structure A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - Percolation Pond 3 Inlet Structure in accordance with the contract documents.
D. Scope of bid item IWTP - Percolation Pond 3 Inlet Structure includes, but is not limited to the following:
1. Cast-in-place concrete headwall per details shown on plans
2. Tie-in to 54” RCP per details shown on plans.
3. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
4. Rock Slope Protection per details shown on plans
5. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
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6. Trenching, excavation, backfilling, compaction, and surface replacement.
7. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
8. Control of ground and surface waters, verification of adjacent utilities.
9. All other incidental work necessary to complete IWTP - Percolation Pond 3 Inlet Structure in accordance with the Contract Documents.
Bid Item No. 17 – IWTP - Apricot Lane Trash Capture Structure A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to to construct complete and in place, IWTP - Apricot Lane Trash Capture Structure in accordance with the contract documents.
D. Scope of bid item IWTP - Apricot Lane Trash Capture Structure includes, but is not limited to the following:
1. Pre-cast concrete box of dimensions shown on the drawings.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Tie-in to existing 60” RCP, new 60” RCP and new spillway per details shown on plans.
4. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
5. Trenching, excavation, backfilling, compaction, and surface replacement.
6. Placement of compacted soil layer under and around structure per details shown on plans.
7. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
8. Control of ground and surface waters, verification of adjacent utilities.
9. All other incidental work necessary to complete IWTP - Apricot Lane Trash Capture Structure in accordance with the Contract Documents.
Bid Item No. 18 – IWTP - Apricot Lane Trash Capture Structure Spillway A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
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C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to construct complete and in place, IWTP - Apricot Lane Trash Capture Structure Spillway in accordance with the contract documents.
D. Scope of bid item IWTP - Apricot Lane Trash Capture Structure Spillway includes, but is not limited to the following:
1. Cast-in-place concrete spillway per details shown on plans
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Rock Slope Protection per details shown on plans
4. Trenching, excavation, backfilling, compaction, and surface replacement.
5. Placement of compacted soil layer under and around structure per details shown on plans.
6. Placement of compacted clay layer around structure and tie-in to existing Pond 2 clay liner per details shown on plans.
7. 60 mil HDPE Liner, anchor trench and connection to embed strip per details shown on plans.
8. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
9. Storm water management, bypassing as required.
10. Control of ground and surface waters, verification of adjacent utilities.
11. All other incidental work necessary to complete IWTP - Apricot Lane Trash Capture Structure Spillway in accordance with the Contract Documents.
Bid Item No. 19 – IWTP - Pond 2 Inlet Structure
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - Pond 2 Inlet Structure in accordance with the contract documents.
D. Scope of bid item IWTP - Pond 2 Inlet Structure includes, but is not limited to the following:
1. Cast-in-place concrete headwall per details shown on plans.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Tie-in to 60” RCP per details shown on plans.
4. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
5. Rock Slope Protection per details shown on plans.
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6. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
7. Trenching, excavation, backfilling, compaction, and surface replacement.
8. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
9. Control of ground and surface waters, verification of adjacent utilities.
10. Placement of compacted soil layer under and around structure per details shown on plans.
11. Placement of compacted clay layer around structure and tie-in to existing Pond 2 clay liner per details shown on plans.
12. 60 mil HDPE Liner, anchor trench and connection to embed strip per details shown on plans.
13. All other incidental work necessary to complete IWTP - Pond 2 Inlet Structure in accordance with the Contract Documents.
Bid Item No. 20 – IWTP - Pond 2 Outlet Weir Structure
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - Pond 2 Outlet Weir Structure in accordance with the contract documents.
D. Scope of bid item IWTP - Pond 2 Outlet Weir Structure includes, but is not limited to the following:
1. Cast-in-place concrete headwall per details shown on plans.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Tie-in to 60” RCP per details shown on plans.
4. Weir plate and supports.
5. Trash rack and supports.
6. Safety railing.
7. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
8. Stormwater management, bypassing as required.
9. Trenching, excavation, backfilling, compaction, and surface replacement.
10. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
11. Control of ground and surface waters, verification of adjacent utilities.
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12. Placement of compacted soil layer under and around structure per details shown on plans.
13. Placement of compacted clay layer around structure and tie-in to existing Pond 2 clay liner per details shown on plans.
14. 60 mil HDPE Liner, anchor trench and connection to embed strip per details shown on plans.
15. All other incidental work necessary to complete IWTP - Pond 2 Outlet Weir Structure in accordance with the Contract Documents.
Bid Item No. 21– IWTP - Pond 2 Emergency Spillway
A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to construct complete and in place, IWTP - Pond 2 Emergency Spillway in accordance with the contract documents.
D. Scope of bid item IWTP - Pond 2 Emergency Spillway includes, but is not limited to the following:
1. Cast-in-place concrete spillway and ramps per details shown on plans.
2. Rock Slope Protection per details shown on plans.
3. Trenching, excavation, backfilling, compaction, and surface replacement.
4. Removal of existing wood and metal fencing as required to install Pond 2 Emergency Spillway.
5. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
6. Control of ground and surface waters, verification of adjacent utilities.
7. Placement of compacted soil layer under and around structure per details shown on plans.
8. Placement of compacted clay layer around structure and tie-in to existing Pond 2 clay liner per details shown on plans.
9. 60 mil HDPE Liner, anchor trench and connection to embed strip per details shown on plans.
10. All other incidental work necessary to complete IWTP - Pond 2 Emergency Spillway in accordance with the Contract Documents.
Bid Item No. 22 – IWTP - Percolation Pond 3 Spillway
A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
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C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to construct complete and in place, IWTP - Percolation Pond 3 Spillway in accordance with the contract documents.
D. Scope of bid IWTP - Percolation Pond 3 Spillway includes, but is not limited to the following:
1. Cast-in-place concrete spillway per details shown on plans
2. Rock Slope Protection per details shown on plans
3. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
4. Trenching, excavation, backfilling, compaction, and surface replacement.
5. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
6. Control of ground and surface waters, verification of adjacent utilities.
7. Placement of compacted soil layer under and around structure per details shown on plans.
8. All other incidental work necessary to complete IWTP - Percolation Pond 3 Spillway in accordance with the Contract Documents.
Bid Item No. 23 – IWTP - Percolation Pond 4 Spillway
A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to to construct complete and in place, IWTP - Percolation Pond 4 Spillway in accordance with the contract documents.
D. Scope of bid IWTP - Percolation Pond 4 Spillway includes, but is not limited to the following:
1. Cast-in-place concrete spillway per details shown on plans
2. Rock Slope Protection per details shown on plans
3. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
4. Trenching, excavation, backfilling, compaction, and surface replacement.
5. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
6. Control of ground and surface waters, verification of adjacent utilities.
7. Placement of compacted soil layer under and around structure per details shown on plans.
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8. All other incidental work necessary to complete IWTP - Percolation Pond 4 Spillway in accordance with the Contract Documents.
Bid Item No. 24 – IWTP - Percolation Pond 5 Spillway
A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to to construct complete and in place, IWTP - Percolation Pond 5 Spillway in accordance with the contract documents.
D. Scope of bid IWTP - Percolation Pond 5 Spillway includes, but is not limited to the following:
1. Cast-in-place concrete spillway per details shown on plans
2. Rock Slope Protection per details shown on plans
3. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
4. Trenching, excavation, backfilling, compaction, and surface replacement.
5. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
6. Control of ground and surface waters, verification of adjacent utilities.
7. Placement of compacted soil layer under and around structure per details shown on plans.
8. All other incidental work necessary to complete IWTP - Percolation Pond 5 Spillway in accordance with the Contract Documents.
Bid Item No. 25 –Bridge Rd - Flow Splitter Structure
A. Units: Lump Sum (LS)
B. Measurement: Partial Payment based upon the Engineer’s determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to construct complete and in place, Bridge Rd – Flow Splitter Structure in accordance with the contract documents.
D. Scope of bid item Bridge Rd - Flow Splitter Structure includes, but is not limited to the following:
1. Cast-in-place concrete box as shown on the drawings.
2. 30” diameter access manway frame and cover.
3. 48” diameter riser and grade rings
4. Cast-in-place diversion weir as shown on the drawings.
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5. Tie-in to existing 84” RCP inlet, new 48” RCP inlet, and three (3) new 84” SRPE outlets per details shown on plans.
6. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
7. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
8. Trenching, excavation, backfilling, compaction, and surface replacement/restoration.
9. Providing compacted gravel layer under and around structure per details shown on plans.
10. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
11. Control of ground and surface waters, verification of adjacent utilities.
12. All other incidental work necessary to complete Bridge Rd - Flow Splitter Structure in accordance with the Contract Documents.
Item No. 26 – Bridge Rd - Flow Diversion Structure
A. Units: Per Each Item (EA)
B. Measurement: The number of actually completed Bridge Rd - Flow Diversion Structure per contract documents for this item.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Bridge Rd - Flow Diversion Structure.
D. Scope of bid item Bridge Rd - Flow Diversion Structure includes, but is not limited to the following:
1. Cast-in-place concrete box as shown on the drawings.
2. 30” diameter access manway frame and cover.
3. 48” diameter riser and grade rings.
4. Cast-in-place diversion weir as shown on the drawings.
5. Tie-in new RCP inlet and SRPE outlet per details shown on plans.
6. Pipe penetrations, including Link-Seal or equal penetration seals, grouting.
7. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
8. Trenching, excavation, backfilling, compaction, and surface replacement.
9. Providing compacted gravel layer under and around structure per details shown on plans.
10. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
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11. Control of ground and surface waters, verification of adjacent utilities.
12. All other incidental work necessary to complete Bridge Rd - Flow Diversion Structure in accordance with the Contract Documents.
Item No. 27 – Bridge Rd - Trash Capture Structure
A. Units: Per Each Item (EA)
B. Measurement: The number of actually completed Bridge Rd - Trash Capture Unit per contract documents for this item.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Bridge Rd - Trash Capture Unit.
D. Scope of bid item Bridge Rd - Trash Capture Unit includes, but is not limited to the following:
1. Trash capture unit per Section 33 44 00 Stormwater Utility Equipment.
2. Circular Pre-cast concrete structure housing the trash capture unit as shown on the drawings.
3. Cast-in-place concrete Inlet and outlet flumes as shown on the drawings.
4. Cast-in-place concrete collar as shown on the drawings
5. 30” diameter access manway frame and cover.
6. 48” diameter riser and grade rings.
7. Tie-in to existing to 10’ x 18’ Pre-cast Flow Diversion Weir Structure
8. Pipe penetrations, including Link-Seal or equal penetration seals, grouting.
9. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
10. Trenching, excavation, backfilling, compaction, and surface replacement.
11. Placement of compacted gravel layer under and around structure per details shown on plans.
12. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
13. Control of ground and surface waters, verification of adjacent utilities.
14. All other incidental work necessary to complete Bridge Rd - Trash Capture Unit in accordance with the Contract Documents.
Bid Item No. 28 – Bridge Rd - Concrete Valley Gutter
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
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C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Bridge Rd - Concrete Valley Gutter.
D. Scope of bid item: Bridge Rd - Concrete Valley Gutter includes, but is not limited to the following:
1. Concrete for valley gutter, including formwork, concrete finishing, and other work as required to provide concrete gutter as shown on the drawings.
2. Connection of storm drain inlet to 84” RCP under drain.
3. Subgrade preparation, and subgrade materials as shown on the drawings,
4. Hauling and disposing of all waste, unsuitable, and excess material in accordance with the Contract Documents.
5. Verification and protection of adjacent utilities.
6. All other incidental work necessary to complete Bridge Rd - Concrete Valley Gutter in accordance with the Contract Documents.
Bid Item No. 29 – Bridge Rd - 8” C900 (Class 235) PVC Potable Water Main A. Units: Linear Foot (LF)
B. Measurement: Linear feet of potable water main constructed per contract documents for this item, measured along horizontal projection along centerline axis of pipe.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, pipeline in accordance with the contract documents.
D. Scope of bid item: Bridge Rd - 8” C900 (Class 235) PVC Potable Water Main includes, but is not limited to the following:
1. 8" PVC pipe, restrained joints, fittings, couplings, valves and thrust blocks per City of Hollister Specifications.
2. All joints, fittings, couplings, valves and thrust blocks per City of Hollister Standard Specifications required to tie-in water main to existing main and re-route per Plan.
3. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
4. Excavation, trenching, backfill, surface restoration within pipeline alignment shown on Bid Documents/drawings, warning tape, tracer wire.
5. Control of ground and surface waters, verification of adjacent utilities.
6. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
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7. Coordinate water shutdown with City and property owners.
8. Notices to impacted residents and commercial/industrial customers impacted by shutdown.
9. Flushing, disinfection and testing of new potable water main shown on the drawings and per City of Hollister standard specifications.
10. Proper management of all flushing, testing and disinfection water, including coordination with City staff, dechlorination and management of such testing and flushing water.
11. All other incidental work necessary to complete Bridge Rd - 8” C900 (Class 235) PVC Potable Water Main in accordance with the Contract Documents.
Bid Item No. 30 – Bridge Rd - 42” RCP Storm Drain
A. Units: Linear Feet (LF)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, 42” RCP Storm Drain in accordance with the contract documents.
C. Scope of bid item: 42” RCP Storm Drain includes, but is not limited to the following:
1. Construct new 42” RCP per details shown on plans.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Trenching, hand-digging, exposing, backfilling, and compaction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. Storm water management, bypassing as required.
6. Control of ground and surface waters, verification of adjacent utilities.
7. All other incidental work necessary to complete 42” RCP Storm Drain in accordance with the Contract Documents.
Bid Item No. 31 – IWTP - 54” RCP Storm Drain
A. Units: Linear Feet (LF)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - 54” RCP Storm Drain in accordance with the contract documents.
C. Scope of bid item: IWTP - 54” RCP Storm Drain includes, but is not limited to the following:
1. Construct new 54” RCP per details shown on plans.
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2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Trenching, hand-digging, exposing, backfilling, and compaction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. Storm water management, bypassing as required.
6. Control of ground and surface waters, verification of adjacent utilities.
7. All other incidental work necessary to complete IWTP - 54” RCP Storm Drain in accordance with the Contract Documents.
Bid Item No. 32 – IWTP - 60” RCP Storm Drain
A. Units: Linear Feet (LF)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - 60” RCP Storm Drain in accordance with the contract documents.
C. Scope of bid item: IWTP - 60” RCP Storm Drain includes, but is not limited to the following:
1. Construct new 60” RCP per details shown on plans.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Trenching, hand-digging, exposing, backfilling, and compaction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. Storm water management, bypassing as required.
6. Control of ground and surface waters, verification of adjacent utilities.
7. All other incidental work necessary to complete 60” RCP Storm Drain in accordance with the Contract Documents.
8. Bid Item No. 33 – Bridge Rd - 84” RCP Storm Drain
A. Units: Linear Feet (LF)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, 84” RCP Storm Drain in accordance with the contract documents.
C. Scope of bid item: 84” RCP Storm Drain includes, but is not limited to the following:
1. Construct new 84” RCP per details shown on plans.
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2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Trenching, hand-digging, exposing, backfilling, and compaction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. Storm water management, bypassing as required.
6. Control of ground and surface waters, verification of adjacent utilities.
7. All other incidental work necessary to complete 84” RCP Storm Drain in accordance with the Contract Documents.
Bid Item No. 34 – Bridge Rd - 84” Steel Reinforced Polyethylene Pipe (SRPE) Storm Drain A. Units: Linear Feet (LF)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - 84” SRPE Pipe Storm Drain in accordance with the contract documents.
C. Scope of bid item: Bridge Rd - 84” SRPE Pipe Storm Drain includes, but is not limited to the following:
1. Construct new 84” SRPE and fittings per details shown on plans.
2. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
3. Trenching, hand-digging, exposing, backfilling, and compaction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. Storm water management, bypassing as required.
6. Control of ground and surface waters, verification of adjacent utilities.
7. All other incidental work necessary to complete Bridge Rd - 84” SRPE Pipe Storm Drain in accordance with the Contract Documents.
Bid Item No. 35 – Bridge Rd - 72” Diameter Manhole
A. Units: Each (EA)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - 72” Diameter Manhole in accordance with the contract documents.
C. Scope of bid item: Bridge Rd - 72” Diameter Manhole includes, but is not limited to the following:
1. Construct new 72” Diameter Manhole per details shown on plans.
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2. Connect new 72” Diameter Manhole to existing 42” RCP inlet and new 42” RCP outlet per details shown on plans.
3. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
4. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
5. Trenching, hand-digging, exposing, backfilling, compaction.
6. Placement of compacted gravel layer under and around structure per details shown on plans.
7. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
8. Control of ground and surface waters, verification of adjacent utilities.
9. All other incidental work necessary to complete Bridge Rd - 72” Diameter Manhole in accordance with the Contract Documents.
Bid Item No. 36 – IWTP - 96” Diameter Manhole
A. Units: Each (EA)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - 96” Diameter Manhole in accordance with the contract documents.
C. Scope of bid item: IWTP - 96” Diameter Manhole includes, but is not limited to the following:
1. Construct new 96” Diameter Manhole per details shown on plans.
2. Connect new 96” Diameter Manhole to RCP per details shown on plans.
3. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
4. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
5. Trenching, hand-digging, exposing, backfilling, and compaction.
6. Placement of compacted gravel layer under and around structure per details shown on plans.
7. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
8. Control of ground and surface waters, verification of adjacent utilities.
9. All other incidental work necessary to complete IWTP - 96” Diameter Manhole in accordance with the Contract Documents.
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Bid Item No. 37 – Bridge Rd - 96” Diameter Cast-in-Place Manhole A. Units: Each (EA)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - 96” Diameter Cast-in-Place Manhole in accordance with the contract documents.
C. Scope of bid item: Bridge Rd - 96” Diameter Cast-in-Place Manhole includes, but is not limited to the following:
1. Construct new 96” Diameter Manhole per details shown on plans.
2. Connect new 96” Diameter Manhole to 84” RCP inlet, 84” SRPE inlets, and existing 84” RCP outlet per details shown on plans.
3. Pipe penetrations, including Link-Seal, Waterstop grouting ring or equal penetration seals, grouting.
4. Potholing existing utilities to verify locations of subsurface utilities and tie- in points.
5. Trenching, hand-digging, exposing, backfilling, and compaction.
6. Placement of compacted gravel layer under and around structure per details shown on plans.
7. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
8. Control of ground and surface waters, verification of adjacent utilities.
9. All other incidental work necessary to complete Bridge Rd - 96” Diameter Cast-in-Place Manhole in accordance with the Contract Documents.
Bid Item No. 38 – IWTP - 60” In-Line Check Valve
A. Units: Lump Sum (LS)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - 60” In-Line Check Valve in accordance with the contract documents.
C. Scope of bid item IWTP - 60” In-Line Check Valve includes, but is not limited to the following:
1. Provide In-Line Check Valve per Section 40 05 71.13, Inline Check Valve and as shown on the plans.
2. All other incidental work necessary to complete installation of the IWTP - 60” In-Line Check Valve in accordance with the Contract Documents.
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Bid Item No. 39 – Bridge Rd - Chain Link Fencing
A. Units: Linear Foot (LF)
B. Measurement: Linear feet of chain link fencing constructed per contract documents for this item, measured along horizontal projection along centerline axis of fence line.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - Chain Link Fencing in accordance with the contract documents.
D. Scope of bid item Bridge Rd - Chain Link Fencing includes, but is not limited to the following:
1. Replacement of fencing damaged or removed during construction.
2. New chain link fencing and posts to match existing.
3. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
4. All other incidental work necessary to complete Bridge Rd - Chain Link Fencing in accordance with the Contract Documents.
Bid Item No. 40 – IWTP - Security Fencing
A. Units: Linear Feet (LF)
B. Measurement: Linear feet of security fencing constructed per contract documents for this item, measured along horizontal projection along centerline axis of fence line.
C. Payment includes full compensation for all furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - Security Fencing in accordance with the contract documents.
D. Scope of bid item IWTP - Security Fencing includes, but is not limited to the following:
1. Replacement of fencing damaged or removed during construction.
2. New metal fencing and posts to match existing.
3. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
4. All other incidental work necessary to complete IWTP - Security Fencing in accordance with the Contract Documents.
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Bid Item No. 41 – Bridge Rd - 16’ Double Wide Swing Gate (Chain Link) A. Units: Each (EA)
B. Measurement: The number of actually completed 26’ double wide swing gate per contract documents for this item.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - 16’ Double Wide Swing Gate (Chain Link) in accordance with the contract documents.
D. Scope of bid item Bridge Rd - 16’ Double Wide Swing Gate (Chain Link) includes, but is not limited to the following:
1. New chain link double wide swing gate, new fence/gate posts.
2. New chain link fencing to match existing, as required to provide new swing gate.
3. Replacement of fencing damaged or removed during construction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. All other incidental work necessary to complete Bridge Rd - 16’ Double Wide Swing Gate (Chain Link) in accordance with the Contract Documents.
Bid Item No. 42 – Bridge Rd - 26’ Double Wide Swing Gate (Chain Link) A. Units: Each (EA)
B. Measurement: The number of actually completed 26’ double wide swing gate per contract documents for this item.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - 26’ Double Wide Swing Gate (Chain Link) in accordance with the contract documents.
D. Scope of bid item Bridge Rd - 26’ Double Wide Swing Gate (Chain Link) includes, but is not limited to the following:
1. New chain link double wide swing gate, new fence/gate posts.
2. New chain link fencing to match existing, as required to provide new swing gate.
3. Replacement of fencing damaged or removed during construction.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
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5. All other incidental work necessary to complete Bridge Rd - 26’ Double Wide Swing Gate (Chain Link) in accordance with the Contract Documents.
Bid Item No. 43 – Bridge Rd - Signs, Object Markers & Street Barricades A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Bridge Rd - Signs, Object Markers & Street Barricades.
D. Scope of bid item: Work for Bridge Rd - Signs, Object Markers & Street Barricades includes, but is not limited to the following:
1. Signage, object markers and street barricades as shown on the drawings.
2. ADA signage for parking lot.
3. All other incidental work necessary to complete Bridge Rd - Signs, Object Markers & Street Barricades in accordance with the Contract Documents Bid Item No. 44 – Bridge Rd - Parking Lot Striping
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Bridge Rd - Parking Lot Striping.
D. Scope of bid item: Work for Bridge Rd - Parking Lot Striping includes, but is not limited to the following:
1. Parking lot striping and markings as shown on the drawings.
2. Resetting or replacing existing wheel stops as shown on the drawings.
3. All other incidental work necessary to complete Bridge Rd - Parking Lot Striping in accordance with the Contract Documents.
Bid Item No. 45 – IWTP - Pond 2 Pump Station Improvements A. Units: Lump Sum (LS)
B. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, IWTP - Pond 2 Pump Station Improvements in accordance with the contract documents.
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C. Scope of bid item IWTP - Pond 2 Pump Station Improvements includes, but is not limited to the following:
1. Vertical axial flow pumps, pump motors, pump discharge piping, and flexible couplings, pedestrian rated FRP grating, safety rails, control panel, and all ancillary equipment to make the pump station complete and functional.
2. Cast-in-place concrete stairs, hand railing, slab and retaining wall per details shown on plans.
3. Trenching, excavation, backfilling, compaction, and surface replacement.
4. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
5. Placement of gravel layer under concrete per details shown on plans.
6. All other incidental work necessary to complete IWTP - Pond 2 Pump Station Improvements in accordance with the Contract Documents.
Bid Item No. 46 – IWTP - Generator and Generator Pad
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer’s determination C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to install complete and in place, IWTP - Generator and Generator Pad in accordance with the contract documents.
D. Scope of bid item IWTP - Generator and Generator Pad includes, but is not limited to the following:
1. All electrical work associated with the new generator and transfer switch as shown on the drawings and specified, including:
a. All work described on the electrical construction documents which includes Division 26 of the Technical Specifications and related or referred to Specifications, and all electrical drawings and details, related to the new generator.
b. Buried conduits, wiring, associated switchgear.
c. Generator ATS and E-stop
2. All civil work associated with the new generator and transfer switch as shown on the drawings and specified, including:
a. Generator pad, and associated earthwork, grading and surface preparation.
b. Generator Foundation/Concrete Pad
3. All other incidental work necessary to install IWTP - Generator and Generator Pad in accordance with the Contract Documents.
Bid Item No. 47 – IWTP - Electrical and Controls
A. Units: Lump Sum (LS)
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B. Measurement: Partial payments based on Engineer’s determination C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to install complete and in place the IWTP - Electrical and Controls in accordance with the contract documents.
D. Scope of bid item IWTP - Electrical and Controls includes, but is not limited to the following:
1. All electrical, instrumentation and controls including:
a. All work described on the electrical construction documents which includes Division 26 of the Technical Specifications and related or referred to Specifications, and all electrical drawings and details, but excluding electrical work associated with the Generator (Bid Item 47).
b. Buried conduits, wiring, hand-holes, vaults, concrete penetrations.
Including conduits for SCADA system as shown on the drawings c. Pump station control panel and associated data logger/controller d. Integration of pump station controls with existing SCADA system e. Coordination with PG&E, communications companies, and compliance with their construction requirements
f. Provisions for temporary electrical service during construction g. Electrical service to instrumentation and controls equipment specified
2. All other incidental work necessary to install IWTP - Electrical and Controls in accordance with the Contract Documents.
Bid Item No. 48 – Bridge Rd - Parking Lot Solar Lighting A. Units: Each (EA)
B. Measurement: The number of actually parking lot solar lights per contract documents for this item.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Bridge Rd - Parking Lot Solar Lighting in accordance with the contract documents.
D. Scope of bid item Bridge Rd - Parking Lot Solar Lighting includes, but is not limited to the following:
1. All electrical, including:
a. Solar powered light with integrated solar panel and battery as shown on plans and pre-approved submittals
b. Light pole, foundation and anchorage as shown on pre-approved submittals
c. Excavation, backfilling, compaction, and surface replacement. d. Verification and protection of adjacent utilities.
e. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
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2. All other incidental work necessary to install Bridge Rd - Parking Lot Solar Lighting in accordance with the Contract Documents.
3.03 TESTING
A. The City will perform, or will contract for the performance of the following tests.
The City will pay for the costs of the initial tests. Should test results show that any work, construction, materials, or methods is unacceptable, the Contractor shall pay for all costs associated with any necessary retesting before or after corrective measures have been made. Such costs will be deducted from payments due to the Contractor.
1. Compaction Test and R-Values- Testing for soil compaction and R- Values will be provided by a Soils Engineer under separate contract with the City.
2. Bacteriological tests for potable water systems.
B. The Contractor shall furnish and pay for all labor, materials, tools, and supplies required to make the following performance tests in the presence of the Engineer:
1. Pressure test for the process air piping system
2. Video logging for sanitary sewer mains and storm drains
3. Mandrel testing for sanitary sewer mains and storm drains
4. Electrical testing for the electrical system
5. Other Test Required by the Contract Documents
All tests must be passed, and any test reports requested by the City shall be provided to the City prior to acceptance of the work.
END OF SECTION
EXHIBIT 6
Designation of Subcontractors
EXHIBIT 7
Non-Collusion Declaration
EXHIBIT 8
General Conditions
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TABLE OF CONTENTS
PAGE
SECTION 1 DEFINITIONS AND TERMS ................................................................................ 1 G1.01 GENERAL ............................................................................................................... 1 G1.02 DEFINITIONS ......................................................................................................... 1 G1.03 ABBREVIATIONS .................................................................................................. 5 SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS ................. 8 G2.01 OBTAINING PROPOSAL FORMS ..................................................................... 8 G2.02 ENGINEER'S ESTIMATE..................................................................................... 8 G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK ...... 8 G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA .............. 8 G2.05 EXPLANATIONS ................................................................................................... 9 G2.06 PREPARATION OF PROPOSALS ..................................................................... 9 G2.07 SUBMISSION OF PROPOSALS ........................................................................ 9 G2.08 LIST OF SUBCONTRACTORS ........................................................................... 9 G2.08A IDENTIFICATION OF SURETY COMPANY FURNISHING
PERFORMANCE AND PAYMENT BONDS ................................................... 10 G2.09 PROPOSAL GUARANTY ................................................................................... 10 G2.10 NON-COLLUSION DECLARATION. ................................................................ 10 G2.11 WITHDRAWAL OF PROPOSALS .................................................................... 10 G2.12 PUBLIC OPENING OF PROPOSALS.............................................................. 10 G2.13 REJECTION OF PROPOSALS ......................................................................... 10 G2.14 DISQUALIFICATION OF BIDDERS ................................................................. 11 G2.15 LICENSING OF BIDDERS ................................................................................. 11 G2.16 RESPONSIBILITY OF BIDDERS ..................................................................... 11 G2.16A INELIGIBILITY OF CONTRACTORS ............................................................... 11 G2.17 RELIEF OF BIDDERS ........................................................................................ 11 G2.18 BID PROTEST PROCEDURE ........................................................................... 12 G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. ............. 12 G2.20 IRAN CONTRACTING ACT ............................................................................... 12 SECTION 3 AWARD AND EXECUTION OF CONTRACT ................................................. 13 G3.01 AWARD OF CONTRACT ................................................................................... 13 G3.02 TIME OF AWARD ................................................................................................ 13 G3.03 EXECUTION OF CONTRACT ........................................................................... 13 G3.04 CONTRACT BONDS .......................................................................................... 14 G3.05 FAILURE TO EXECUTE CONTRACT ............................................................. 14 G3.06 RETURN OF PROPOSAL GUARANTY .......................................................... 14 SECTION 4 SCOPE OF WORK ............................................................................................. 15 G4.01 INTENT OF CONTRACT DOCUMENTS ......................................................... 15 G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS ..... 15 G4.03 DIFFERING SITE CONDITIONS ...................................................................... 15 G4.04 CHANGES; CONTRACT CHANGE ORDER .................................................. 16 G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK ......................... 16 G4.06 PROPOSED CONTRACT CHANGE ORDER ................................................ 17 G4.07 EXECUTED CONTRACT CHANGE ORDER ........................................... 17 G4.08 CONTRACT PRICE ADJUSTMENT ................................................................ 17
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G4.09 PROTEST PROCEDURE .................................................................................. 18 G4.10 CONTINUANCE OF CONSTRUCTION ........................................................... 19 G4.11 FIELD CHANGES ................................................................................................ 19 G4.12 DETOURS ............................................................................................................ 19 G4.13 ARCHAEOLOGICAL DISCOVERIES .............................................................. 19 G4.14 PRESERVATION AND CLEANING.................................................................. 19 G4.15 GUARANTY OF WORK...................................................................................... 19 G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD ........................ 20 G4.17 VALUE ENGINEERING ...................................................................................... 20 SECTION 5 CONTROL OF WORK ........................................................................................ 23 G5.01 AUTHORITY OF ENGINEER ............................................................................ 23 G5.02 CONTRACT DRAWINGS ................................................................................... 23 G5.03 SHOP DRAWINGS.............................................................................................. 23 G5.04 CONFORMITY WITH CONTRACT DOCUMENTS ........................................ 24 G5.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ...................................................................................................... 24 G5.06 ORDER OF WORK ............................................................................................. 25 G5.07 SUPERINTENDENCE ........................................................................................ 25 G5.08 LINES AND GRADES ......................................................................................... 25 G5.09 INSPECTION........................................................................................................ 26 G5.10 DOCUMENTS ON JOB SITE ............................................................................ 27 G5.11 CORRECTION, REMOVAL OF REJECTED WORK ..................................... 27 G5.12 EQUIPMENT AND PLANTS .............................................................................. 27 G5.13 CHARACTER OF WORKERS ........................................................................... 27 G5.14 FINAL INSPECTION ........................................................................................... 27 G5.15 SUBMITTAL OF AS-BUILT DATA .................................................................... 28 G5.16 EMERGENCIES .................................................................................................. 28 G5.17 RIGHTS-OF-WAY................................................................................................ 28 SECTION 6 CONTROL OF MATERIALS .............................................................................. 29 G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS ............................. 29 G6.02 CITY-FURNISHED MATERIALS ...................................................................... 29 G6.03 STORAGE OF MATERIALS .............................................................................. 30 G6.04 DEFECTIVE MATERIALS .................................................................................. 30 G6.05 TRADE NAMES AND ALTERNATIVES .......................................................... 30 G6.06 PLANT INSPECTION.......................................................................................... 30 G6.07 PRODUCT AND REFERENCE STANDARDS ............................................... 31 G6.08 SAMPLES ............................................................................................................. 31 G6.09 TESTING OF MATERIALS OR WORK............................................................ 31 G6.10 CERTIFICATE OF COMPLIANCE .................................................................... 32 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ............................................ 33 G7.01 LAWS TO BE OBSERVED ................................................................................ 33 G7.02 LABOR CODE REQUIREMENTS .................................................................... 33 G7.03 AIR POLLUTION CONTROL ............................................................................. 36
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G7.04 WATER POLLUTION CONTROL ..................................................................... 36 G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING
UTILITIES ............................................................................................................. 38 G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION ......................................... 38 G7.07 SOUND CONTROL REQUIREMENTS ............................................................ 39 G7.08 USE OF PESTICIDES ........................................................................................ 39 G7.09 WEIGHT LIMITATIONS ...................................................................................... 39 G7.10 PAYMENT OF TAXES ........................................................................................ 39 G7.11 PERMITS AND LICENSES ................................................................................ 39 G7.12 PATENTS.............................................................................................................. 40 G7.13 SAFETY REQUIREMENTS ............................................................................... 40 G7.14 TRENCH EXCAVATION SAFETY PLAN ........................................................ 41 G7.15 SANITARY PROVISIONS .................................................................................. 41 G7.16 PUBLIC CONVENIENCE ................................................................................... 41 G7.17 PUBLIC SAFETY ................................................................................................. 42 G7.18 PRESERVATION OF PROPERTY ................................................................... 42 G7.19 RESPONSIBILITY FOR DAMAGE ................................................................... 43 G7.20 RESPONSIBILITY FOR WORK AND MATERIALS ....................................... 44 G7.21 CONTRACTOR'S LIABILITY INSURANCE .................................................... 44 G7.22 PROPERTY INSURANCE ................................................................................. 46 G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE ............................. 47 G7.24 COOPERATION .................................................................................................. 47 G7.25 OCCUPANCY PRIOR TO ACCEPTANCE...................................................... 48 G7.26 ACCEPTANCE OF THE WORK ....................................................................... 48 G7.27 PROPERTY RIGHTS IN MATERIALS ............................................................. 48 G7.28 RIGHTS IN LAND AND IMPROVEMENTS ..................................................... 48 G7.29 ANTITRUST CLAIMS.......................................................................................... 48 G7.30 ACCESS TO THE WORK .................................................................................. 49 G7.31 PERSONAL LIABILITY ....................................................................................... 49 G7.32 THIRD PARTY RIGHTS ..................................................................................... 49 G7.33 INDEPENDENT CONTRACTOR STATUS ..................................................... 49 G7.34 HAZARDOUS CHEMICALS AND WASTES ................................................... 49 SECTION 8 PROSECUTION AND PROGRESS ................................................................. 50 G8.01 SUBCONTRACTING .......................................................................................... 50 G8.02 ASSIGNMENT...................................................................................................... 51 G8.03 NOTICE TO PROCEED ..................................................................................... 51 G8.04 BEGINNING OF WORK ..................................................................................... 51 G8.05 SCHEDULES AND PROGRESS REPORTS .................................................. 51 G8.06 SITE MEETINGS ................................................................................................. 52 G8.07 TIME OF COMPLETION .................................................................................... 52 G8.08 ADDITIONAL SHIFT WORK .............................................................................. 52 G8.09 CITY'S RIGHT TO STOP THE WORK ............................................................. 52 G8.10 LIQUIDATED DAMAGES ................................................................................... 52 G8.11 DELAYS AND EXTENSIONS OF TIME .......................................................... 53 G8.12 TERMINATION OF RIGHT TO PROCEED ..................................................... 54 G8.13 TERMINATION OF CONTRACT ...................................................................... 55 G8.14 CITY AND NON-CITY FACILITIES .................................................................. 57
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G8.15 TEMPORARY UTILITIES ................................................................................... 57 SECTION 9 MEASUREMENT AND PAYMENT ................................................................... 58 G9.01 MEASUREMENT OF QUANTITIES ................................................................. 58 G9.02 SCOPE OF PAYMENT ....................................................................................... 58 G9.03 FORCE ACCOUNT PAYMENT ......................................................................... 58 G9.04 FORCE ACCOUNT RECORDS ........................................................................ 64 G9.05 NOTICE OF POTENTIAL CLAIM ...................................................................... 65 G9.06 RECORDS ............................................................................................................ 65 G9.07 DISPUTE RESOLUTION.................................................................................... 66 G9.08 STOP PAYMENT NOTICES .............................................................................. 66 G9.09 PAYMENT SCHEDULES ................................................................................... 66 G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK
COMPLETED ...................................................................................................... 67 G9.11 RETENTION ......................................................................................................... 67 G9.12 PARTIAL PAYMENTS ........................................................................................ 67 G9.13 PAYMENT OF WITHHELD FUNDS ................................................................. 68 G9.14 PROMPT PAYMENT TO CONTRACTOR ...................................................... 68 G9.15 FINAL PAYMENT ................................................................................................ 68
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SECTION 1
DEFINITIONS AND TERMS
G1.01 GENERAL. Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are utilized for the sake of brevity, and are intended to refer to persons of either sex.
G1.02 DEFINITIONS. As used herein, unless the context otherwise requires, the following terms have the following meaning:
Acceptance: The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the Contract Documents.
Addenda: Written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.
Agents: The term "agents" means, in the case of the City, its Consulting Engineer, (if not the Engineer of the work and defined as the Engineer in the Contract Documents), the City Legal Counsel and others retained by the City to provide services associated with contract work.
As Approved: The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer for conformance with the Contract Documents."
As-Built Drawings: Contract plans revised to reflect any modifications resulting during the construction phase and conditions found to differ from those shown on the contract plans.
As Shown; and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Contract Plans," "in the Specifications" or "by the Contract Documents" as appropriate.
Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Caltrans: The Department of Transportation, Business & Transportation Agency, State of California.
City: The City of Hollister.
City Manager: The City Manager of the City.
City Clerk: The City Clerk of the City.
Contract Change Order: An order authorized by the City and issued to the contractor amending the Contract Documents. An "approved Contract Change Order" is an order signed by the Engineer or the City Manager. An "executed Contract Change Order" is an order signed by the Engineer or the City Manager and the Contractor.
Contract: The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include the Contract Documents, and any and all supplemental agreements. Supplemental agreements are
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written agreements covering alterations, amendments or extensions to the Contract and include contract change orders.
Contract Completion: The date the City accepts the entire work as being in compliance with the Contract Documents, or formally waives nonconforming work to the extent of nonconformity, and issues the final payment in accordance with Section 9 of these General Conditions.
Contract Documents: The Contract Documents consist of the Notice to Bidders; General Conditions; Special Provisions; Technical Specifications; Proposal (as accepted); Contract; Contract Drawings; Addenda; Change Orders and any other documents specified and required to be part of the Contract.
Contractor: The person or persons, firm, partnership, corporation or combination thereof, private or municipal, who enters into the Contract with the City. Requirements set out in the Contract Documents for the Contractor shall apply to all of the Contractor's agents, subcontractors and suppliers as applicable.
Contract Drawings: The official plans, profiles, cross sections, elevations, details, and supplemental drawings furnished by the Engineer, which show the locations, character, dimensions and details of the work to be performed. Contract Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents regardless of the method of binding. Also referred to as "Contract Plans," "Plans," and "Drawings."
Council or City Council: The City Council of the City of Hollister.
County: The County of San Benito.
Days: Unless otherwise designated, "days" will be understood to mean calendar days.
Engineer: The City's Director of Public Works or City Engineer, unless otherwise defined in the Special Provisions. The term may also include representatives or agents of the City acting in contract administration capacities such as a Resident Engineer or Inspector when such inclusion is appropriate such as in the context of a Notice of Potential Claim and Safety Requirements.
Engineer's Estimate: The list of estimated quantities of work to be performed as may be contained in the Proposal Form.
Federal Agencies: Whenever, in the Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding, in accordance with law, to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
Field Changes/Directives: A document that records minor variations or changes in the plans and/or specifications, which minor variations do not affect the basic design, schedule, compensation or other material terms of the contract.
Fixed Costs: Any necessary labor, material and equipment costs directly expended on the item or items under consideration, which remain constant regardless of the quantity of the work done.
General Notes: The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings, and so identified thereon, which pertain to the performance of the work.
Legal Holidays: Those days designated as State holidays by the Government Code or declared by
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the City Council.
Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole, or any specified portion, of the work beyond the time allowed in the Contract Documents.
Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform its obligation under the Contract Documents.
Office of the City: Whenever reference is made to the Office of the City or the City's office, such reference shall be deemed made to the City's office at 375 Fifth Street, Hollister, California 95023.
Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. Such equal products shall not be purchased or installed by the Contractor without written acknowledgment of the Engineer.
Owner: The City.
Plans: Refer to Contract Drawings.
Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California.
Project: A term sometimes used to reference the work of improvement called for under the Contract.
Proposal: The offer of the bidder for the work, when made out and submitted on the prescribed proposal form, properly signed and guaranteed.
Proposal Form: The approved form upon which the City requires formal bids be prepared and submitted for the work.
Proposal Guaranty: The cashier's check, certified check or Bidder's Bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City for the performance of the work, if the Contract is awarded to him. Also referred to as "Bidder's Security."
Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place."
Responsive: A "responsive" Proposal is one, which complies with the requirements prescribed herein for Proposals.
Responsible: A "responsible" proposer is one who has the ability and will to satisfactorily perform the contract as evidenced by the proposer's experience and skills in the kind of work contemplated by the contract, access to resources, financial stability, dependability and integrity and who has demonstrated trustworthiness, as well as quality of fitness.
Special Provisions: The Special Provisions are specific clauses setting forth conditions or requirements of the work and supplementary to these General Conditions. Also referred to as
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"Supplementary Conditions."
Specifications: The term "Specifications" refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship set forth in the latest edition of the City of Hollister Standard Specifications; the latest edition of the Greenbook; the latest edition of the California Manual on Uniformed Traffic Control Devices; and, the latest edition of the California Department of Transportation Standard Specifications, except Sections 1-9 are omitted in their entirety; as applied to the work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. If referenced specifications conflict with Specifications contained herein, the requirements contained herein shall prevail. Also referred to as "Technical Specifications."
State: The State of California.
Substantial Completion: There is substantial completion or substantial performance of the contract when all essentials necessary to the full accomplishment of the purpose for which the things contracted for are performed with such an approximation to complete performance that the City obtains substantially what is called for by the contract. The City shall determine substantial completion in its own judgment.
Work: The term "Work" includes all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.
Work Site: The area or areas of actual construction and the areas immediately adjacent thereto.
Note: The use of any particular gender pronoun shall mean either or both genders without qualification or reservation. The use of a particular pronoun is for convenience of document construction only.
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G1.03 ABBREVIATIONS. As used herein, unless the context otherwise requires, the following abbreviations have the following meanings:
AAMA Architectural Aluminum Manufacturers' Association
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers' Association
AGA American Gas Association
AGMA American Gear Manufacturers' Association
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANSI American National Standards Institute
APA American Plywood Association
APWA American Public Works Association
API American Petroleum Institute
AREA American Railway Engineering Association
ARI American Refrigeration Institute
ASA American Standards Association
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
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AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards (US Department of Commerce)
CSI Construction Specifications Institute
DOT United States Department of Transportation
EIA Electronic Industries Association
EPA Environmental Protection Agency
FGMA Flat Glass Marketing Association
FHWA Federal Highway Administration
FM Factory Mutual
FS Federal Specification
IAMPO International Association of Mechanical and Plumbing Officials
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers
NAAMM National Association of Architectural Metal Manufacturers
NBFU National Bureau Fire Underwriters
NEC National Electrical Code
NEMA National Electrical Manufacturers' Association
NFC National Fire Code
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Administration
PEI Porcelain Enamel Institute
PG&E Pacific Gas and Electric Company
PS Product Standard (US Department of Commerce)
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PacBell Pacific Bell
SAE Society of Automotive Engineers
SCFM Standard Cubic Feet per Minute
SCPO Structural Clay Products Institute
SDR Standard Dimension Ratio
SMACNA Sheet Metal and Air Conditioning Contractors' National Association
SSPC Steel Structures Painting Council
TCA Tile Council of America
TPI Truss Plate Institute
UBC Uniform Building Code
UL Underwriters' Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
WWPA Western Wood Products' Association
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SECTION 2
PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS
G2.01 OBTAINING PROPOSAL FORMS. Proposal forms and other bid documents shall be obtained electronically via the City of Hollister website at the following link:
http://www.hollister.ca.gov/services/open-bids-and-rfps/
G2.02 ENGINEER'S ESTIMATE. If an Engineer's Estimate of quantities is given in the Proposal, the quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.
G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of its obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. "Conditions relating to the execution of the work" include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of the work, including, but not limited to, applicable regulations concerning minimum wage rates, non-discrimination in the employment of labor, protection of public and employee health and safety, and environmental protection. The submission of a Proposal shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.
G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective bidders may inspect the records of such investigations at the City office subject to and upon the conditions set forth in these Contract Documents.
Investigations of surface topography and/or subsurface conditions were made for the purpose of study and design only and neither the City nor the Engineer(s) which conducted such investigations assumes any responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. There is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.
Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the City's investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents. Such logs, reports and maps represent only the opinion of the consultant retained by the City as to the character of the materials encountered by him in its investigations and are available only for the convenience of the bidder or Contractor.
The availability or use of information described in this Section G2.04 is not intended to be and shall not be construed to be a waiver of the provisions of Section G2.03, and will not relieve the bidder or Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.