Hollister City Council
June 16, 2025

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE ANNUAL AB 481 MILITARY USE REPORT FOR THE

HOLLISTER POLICE DEPARTMENT

WHEREAS, in 2022, Assembly Bill No. 481 became law, requiring law enforcement agencies to adopt a military equipment use policy, as well as submit an annual military equipment report to their governing body; and

WHEREAS, pursuant to AB 481, the Hollister Police Department prepared a Military Equipment Policy (Chapter 2.50 H.M.C.) which was adopted by the City Council on June 2, 2022; and

WHEREAS, the Hollister Police Department held a public meeting in regard to the military equipment currently owned by the police department on May 22, 2025, at 5:00 pm at the Police Department, 395 Apollo Way. Officers were available to answer any questions in regard to this equipment; and

WHEREAS, the police department has prepared the annual military equipment in use report and attached it to this resolution.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the annual AB 481 Military use report for the Hollister Police Department.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 16, 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 June 16, 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 June 16, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability

MEMORANDUM

TO: TO FILE DATE: MAY 23, 2025

FROM: CARLOS REYNOSO

CHIEF OF POLICE

SUBJECT: MILITARY EQUIPMENT REPORT

California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some of these listed types of equipment.

During the last year, the department has received no complaints in regard to the inventory of military equipment in the possession of the police department. Three additional drones were purchased in 2024 with a total cost of $28,291.38 for the devices, batteries and supporting equipment. The ongoing training with the listed military equipment in this report and use of the equipment does not exceed $5,000.

The department has a plan to purchase at least one additional drone (UAS) in the next calendar year with grant money. No other purchases of military equipment is anticipated in the next calendar year.

Of the sixteen (16) types of equipment specified, the Police Department possesses only six (6) types. The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 is included below. Equipment types that the Police Department possesses are noted in bold type.

1. Unmanned, remotely piloted, powered aerial or ground vehicles. a) The Police Department possesses three (3) CIVILIAN MODEL and 3 LAW ENFORCEMENT grade unmanned, remotely piloted aircrafts (drones) UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision. The Hollister Police Department does not possess any vehicles in this category.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. The Hollister Police Department does not possess any vehicles in this category.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. The Hollister Police Department does not possess any vehicles in this category.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. a) The Police Department shares possession of a Mobile Command Vehicle (MCV). The vehicle is stored at the Sheriff’s Office when not in use and was purchased with Homeland Security Funds for the use of the Sheriff’s Office, County and City Fire Departments, the Police Department and County Public Health Department. This vehicle is not armored or weaponized in any way and is used to facilitate unified command during critical and planned incidents. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

6. Weaponized aircraft, vessels, or vehicles of any kind. The Hollister Police Department does not possess any aircraft, vessels or any vehicle in this category.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. The Hollister Police Department does not possess any equipment in this category.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. The Hollister Police Department does not possess any firearms in this category.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. The Hollister Police Department does not possess any ammunition in this category.

Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. a) The Police Department possesses semi-automatic rifles. These rifles are standard-issue duty weapons for all Peace Officers, which actually exempts them from this policy per California Government Code Section 7070(c)(10). b). The Police Department possesses several rifles and specialized equipment in this category. They are stored in the city armory, and they are not used for patrol functions. These firearms are designed to only be potentially used for SWAT operations and this department currently does not have a SWAT component.

Quantity Make Model Caliber
1 COLT M16 Auto 223
2 COLT AR15 Auto 223
1 SPRINGFIELD SPR 7.62
1 ARMALITE AR10 7.62
4 H&K MP5 Auto 9mm

11. Any firearm or firearm accessory that is designed to launch explosive projectiles. a) The Hollister Police department has one 37mm tear gas launcher that was previously for the SWAT team. The department does not have any 37 mm projectiles capable of being used with this device. The department will be seeking to reclassify this device as surplus and obsolete and will seek appropriate disposition. b) The Hollister Police Department has one M203 40mm launcher attachment previously used by the SWAT team. The department does not have any 40 mm projectiles capable of being used with this device. The department may be seeking to reclassify this device as surplus and obsolete and will seek appropriate disposition.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability a) The department has three Pepper Ball Launchers (basically a paint ball air gun).

The launchers are not military in any way but are included in the language of this law.

This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b) The department does not currently possess any “Flashbangs” grenades or explosive breaching tools or tear gas.

13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD). The department does not have any of these devices.

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. a) The Police Department possesses sixteen (16) less than lethal projectile launchers (shotguns). These launchers are not 40 mm and are much smaller but are added to this list for transparency. The Less Than Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight. This department does not have any other equipment in this category.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 16, 2025
REPORT # Police-2025-05

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A

RENEWAL AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS FOR

CITATION PROCESSING MANAGEMENT FOR PARKING AND ADMINISTRATIVE

CITATIONS

DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Carlos Reynoso, Police Chief

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to sign the renewal agreement with Phoenix Group to continue providing citation management for parking and administrative citations.

DISCUSSION: The City of Hollister has had a need for the processing of parking citations for years. For over a decade, Phoenix Group Information Systems has been providing services efficiently and effectively.

When the Hollister Police Department assumed the management of the Code Enforcement Division for the city, Phoenix Group began processing administrative citations as well. Previously, when those cited for administrative citations failed to pay the fine, city staff would use the court system to sue the individuals civilly. The process was time-consuming and not effective.

By using Phoenix Group for collections service processing, the number of fines paid in a timely manner has increased dramatically. Phoenix Group also partners with the state DMV and the Tax Franchise Board to ensure fines are collected.

The agreement with Phoenix Group has increased staff efficiency, and staff recommends the continued use of the services.

FISCAL IMPACT: Annual fines collected, depending on issued citations, in excess of $90,0000 a year.

PREVIOUS COUNCIL OR COMMISSION ACTION: Previous councils have approved the agreement with Phoenix Group Information Systems.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Agreement

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO SIGN A RENEWAL

AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS FOR

CITATION PROCESSING MANAGEMENT FOR PARKING AND

ADMINISTRATIVE CITATIONS

WHEREAS, the City of Hollister issues parking citations and administrative citations for violations of the municipal code; and

WHEREAS, the Hollister Police Department issues most of the citations for violations of the municipal code; and

WHEREAS, there is a need for a service that processes the citations in a timely and effective manner and also processes collections services; and

WHEREAS, the Phoenix Group Information Systems has been providing those services to the City of Hollister effectively and efficiently for over a decade, and the Agreement is due to be renewed.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to sign a renewal agreement with Phoenix Group Information Systems for citations processing.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 16, 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 June 16, 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 June 16, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Phoenix Group Information Systems Service Agreement
Email: [email protected]

PHOENIX GROUP Information Systems, a California Corporation 2677 N. Main Street, Suite 440
Santa Ana, CA 92705
(Hereinafter referred to as “PHX”)
Agrees to provide to:

City of Hollister
395 Apollo Court
Hollister, CA 95066
(Hereinafter referred to as “AGENCY”)
(Citizen, student, cited person Hereinafter referred to as “INDIVIDUAL”)

This services agreement (“Agreement”) is made and entered into effective May 1st, 2025 (the “Effective Date”), by and between the City of Hollister (“AGENCY”) and PHOENIX GROUP Information Systems, a California Corporation Ascension (“PHX” and together with AGENCY, the “Parties”).

PROCESSING SERVICES PROVIDED
PHX will provide the AGENCY with a citation processing management system for parking and administrative citations.

1.1 Payment Dispositions: The AGENCY will forward any payment information as well as cancellations, dismissals, voids, corrections and/or other relevant information pertaining to the citation(s) status. PHX will update the AGENCY on a monthly basis regarding status of payment updates. The AGENCY may also update this information directly to the database remotely.

1.2 Registered Owner Information: PHX will be responsible for maintaining online communications with the California Department of Motor Vehicles (“DMV”). This communication is required as part of this agreement to request registered owner information.

1.3 Parking Delinquent Notices: PHX will generate and mail the notices for citations that have been referred to PHX by AGENCY following the guidelines set forth in California Vehicle Code section 40207.

Notices are sent from PHX to the Registered Owner (“RO”) of the cited vehicle. RO information is gathered from current DMV records. The notice will include all the information included on the Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

citation and consequences for nonpayment, and/or any additional information required by the code section. The notice of violation includes a remittance return portion for payment. Additional letters may be generated if required by AGENCY.

2.0 PAYMENT PROCESSING

Payment processing services are provided by PHX for AGENCY. PHX has an internal online payment processing capability to ensure correct payment and due date.

PHX will do everything in its power to reduce duplicate payments.

2.1 Invoicing: Invoices for total services provided by PHX (processing, collections, and additional, (agreed upon) fees, will be sent monthly to AGENCY.

2.2 Bank Returned Checks: Fees established by the AGENCY for bank returned checks and additional follow-up will be included to the citation/account as directed by AGENCY.

2.3 Credit Card Payments: Credit Card payments will be accepted by phone and/or internet. The INDIVIDUAL has the ability to connect to an optional secured website provided by PHX. Access to INDIVIDUAL information will be available based on a license plate or citation number. PHX’s Parking Citation Management System, (“WinciteTM”) will access, store, and present data in real time. Data is comprised of citation and INDIVIDUAL information and includes total amount due, which may include credit card fees, before final authorization is complete. Payments can be made with Discover, MasterCard, Visa, or America Express. The INDIVIDUAL will be charged a credit card transaction fee of $3.95 or 3.25%, whichever is greater with no additional costs passed on to the AGENCY.

2.4 Credit Card Charge Back: The process includes the following:

1. Charge back notification received by PHX

2. PHX locates the citation(s) that were paid on the transaction being disputed

3. A letter of dispute describing the charge is sent to the credit card company

4. If the dispute is found in favor of the credit card holder, then the charge back is accepted and a notice of unpaid fees are sent to the registered owner

5. PHX reverses the payment of the citation(s) and reopens the citation(s) immediately

6. PHX enters notes regarding the credit card payment information including, but not limited to:
a. Original Transaction Identification Numbers (“ID(s)”) b. Chargeback ID(s)
c. Any pertinent correspondence regarding the charge back

7. Charge back paperwork is then filed by PHX for later retrieval if necessary

8. Charge backs are reflected in the monthly reporting

2.5 Bank Account and Depositing Procedures:

INDIVIDUAL non-electronic payments received by mail will be picked up from a local post office daily and are normally processed within 24 hours. The related bank deposits are endorsed to the Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

bank selected by your AGENCY. Payments can be taken at both AGENCY site and at PHX.

AGENCY shall have an internal on-line payment processing capability to enter payment data.

2.6 Changes to Payment Processing Procedures
The AGENCY retains the right to change the banking procedure. Changes to the procedure will be agreed upon in writing between the AGENCY and PHX.

3.0 CUSTOM WEBSITE

PHX will create a website and link for public inquiry and payment. The website will simulate the AGENCY’S existing website to provide consistency when the public is transitioning from the AGENCY’S existing website to PHX provided pay site. Website will be integrated with any existing PHX web services and meet American’s with Disabilities Act website requirements found in 28 CFR, Part 35, Subpart H, Section 35.200.

The credit card option will be set-up and maintained by PHX at no additional costs to AGENCY.

The services include:

1. Setting up a custom header and footer based on graphics approved by AGENCY

2. All merchant fees

3. Internet security and website fees

4. Provide for the ability to make payments, contest the citation, and provide any governing rules that are applicable

3.1 Remote Data Entry: Remote data entry capability will be provided via the internet using Internet Explorer and WinciteTM. Each operator within the AGENCY will be set up with a unique password and security level. Individual function levels will include view only, edit, add, and dismiss/void capabilities.

3.2 User accounts: Accounts may be established by the AGENCY and/or PHX. Access is limited only to employees of the AGENCY.. This limitation specifically excludes PHX and/or consultants.

Exceptions to the limitation must be approved in writing by PHX and AGENCY.

3.3 Hardware/Software (Equipment) Requirements: A minimum operating system with Microsoft Internet Explorer 7.0 or greater and Windows XP Pro or gre ater will be required by the AGENCY to access systems and services provided by PHX. PHX will provide WinciteTM to the AGENCY for citation data and reporting access. Any license requirements to operate any software not provided by PHX will be the responsibility of the AGENCY.

3.4 Online PHX Services Provided: PHX will provide the following to the AGENCY:

1. Access to the citation data is available by citation number, vehicle license number, name, or vehicle identification number

2. All citation information

3. Current status of the citation

4. Delinquent notice information, due date, mailing date

5. Administrative review, hearing court appeals, and disposition information Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

6. Payment information, including all dates, amounts, and payment codes

7. Registered owner information and electronic facsimile of the original citation

3.5 Additional Programming: The AGENCY is responsible for notifying PHX of any additional programming needed.

Additional Programming $150.00 Per Hour Any additional programming outside scope of contract

4.0 REPORTING
PHX will supply AGENCY with electronic monthly reporting. The reports will be supplied to the AGENCY in a PDF format available for access, using Adobe Reader, with the option to export to Excel. The reports will include (if applicable) but is not limited to the following:

1. Monthly Billing Report

2. Officer Summary Report

3. Officer Summary Year to Date Monthly Recap

4. Void/Dismiss Report by Operator

5. Habitual Offender Hot Sheet Report and Detail

6. DMV Monthly Reports

7. Out of State Revenue Detail Report

8. Revenue Collection Detail Report

9. Revenue Distribution Surcharge Report

10. Contested Citations pending and outcome

11. Refunds ‘Due’ Report

12. FTB or Special Collections Report
Any additional AGENCY requirements must be submitted to PHX in writing.

The monthly production report schedule may change as needed. Reporting information may also be provided to the AGENCY in Excel or other method mutually agreeable to both parties.

Additional AGENCY requirements must be submitted to PHX in writing.

5.0 SURCHARGES
It is the responsibility of the AGENCY to identify and outline to PHX all surcharges (fees) applicable for the AGENCY. PHX will provide a monthly Surcharge Disbursement Report that includes the surcharges identified by the AGENCY as part of the monthly reports as id entified in Section 4.0 REPORTING. The AGENCY will disburse surcharges funds directly to the County; if applicable.

6.0 OWNERSHIP OF SOFTWARE
AGENCY acknowledges that the software provided by PHX and software programs provided by PHX and used by the AGENCY have been developed by PHX. The software provided is the PROPRIETARY AND INTELLECTUAL PROPERTY of PHX. AGENCY agrees that all rights to any intellectual property is Confidential Information and shall remain the exclusive property of the PHX.

Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

7.0 COLLECTIONS AND FTB
PHX will pursue INDIVIDUALS with unpaid citations that meet the criteria of special collections and/or Franchise Tax Board collections (FTB). PHX collections criteria includes: not paid, not suspended, and in an open status. PHX will mail out a delinquent letter of warning. If the citation remains unpaid PHX will use one or several collections efforts including but not limited to: special collections and/or FTB collections.

All payment updates by FTB will be forwarded to PHX by AGENCY for updating and reporting.

8.0 Parking Citation Processing Program Costs
In consideration of the services provided to the AGENCY the AGENCY agrees to pay the following fee schedule:

Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

PARKING CITATION PROCESSING AND COLLECTIONS - PRICING
Item Description Cost
Monthly Fee
Parking Citations Cloud Based Database Access,
Custom Website, Live On-Site Bilingual Customer
Service, Reports, Adjudication Services, DMV
Registered Owner Lookup; DMV HOLDS and
RELEASES. Payment Plans, Monthly Revenue
Reconciliation. Unlimited Agency User Access.
$595.00
Per Electronic Cite Processed Per Electronic Cite Processed $0.87 Out of State citations
Out of State processing includes any costs charged
by the state for the registered owner. The percentage
is only for citations that are collected.
$0.35
Notice of Violation / Delinquent
Notice
A notice of violation (delinquent notice) is sent after an INDIVIDUAL received the initial citation as a
courtesy reminder. If applicable, A second notice of
delinquency is sent if the payment is not made by
the initial due date.
$1.09
Payment Processing/Updates Cost per payment processed included $0.30 Postage* Current First-Class rates will be charged for all correspondence mailed. Agency will be notified of
any postal increase.

First Class Rates
Credit Card Payments
A credit card processing fee of $5.95 or

4.25%, whichever is greater, will be charged
to the INDIVIDUAL at no cost to the AGENCY. Included
Credit Card Chargebacks
If a chargeback occurs, the citation is re-opened and
the administrative fee is added – pass though cost
for the Agency.
$55.00
Pass through cost to
Agency
Special Custom Letter
Special letters are custom notices used as follow-up
for hearing dates, review results, hearing results, or
habitual violations (Scofflaw), Pre-intercept letters.
$1.33
Non-Sufficient Funds (“NSF”)
Bank returned checks
Bank account must be accessed and controlled
by PHX. $35.00
Refunds
Chargebacks
Bank accounts must be accessed and controlled
by PHX. The AGENCY will approve (In writing)
each refund in advance of disbursement.

Per occurrence – pass through to City
$25.00
$55.00
Bank management Supplies – included monthly reconciliation of funds and disbursement
$50.00
Delinquent Collections Contingency 20%
FTB Collections Activated Based on age of collections. The percentage is based on bail amount collected.
(Optional Service)
15%+ $2.95 per SSN#
look up

Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

Online Contesting This service charge of $95.00 a month was waived and included at no cost.

Included

FREE OF
CHARGE
Training
Training; full training of Wincite software for Agency
Staff. All training sessions can be digitally recorded
and given to the Agency for future use and reference.

A video will be provided for future training purposes.

Included

FREE OF
CHARGE

Services for the above-mentioned items include:
 Data entry of manually written citations performed within 24 hours of receipt  Quality assurance verification of manually entered citations  Scanning of all manually written citations onto our network for storage and ease of retrieval  V' Bi-monthly shredding of manually written citations  Electronic transfer of all electronically written citations, recordings, videos and photographs Delinquent Notice Cost: Services for the above-mentioned items include:
 Semi-custom notice that is printed on an 8 1/2 x 11” piece of paper with a perforated tear-of payment stub provided in a window envelope
 All notices are attached to the citation online and are viewable via the web  All notices sent via 1st class mail, postage included  All notices include a return envelope in which the responsible party may submit payment Delinquent Collections:
 This fee will be assessed, assuming a first notice has been sent to the registered owner/individual and the citation is not on hold for any reason.
 All notices are sent via First Class mail and all notices are printed on an 8 1/2 x 11” sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
 All notices are attached to the citation online and are viewable via the web.  If PHX does not collect on a citation that is delinquent, the AGENCY does not owe this fee  Notices will be sent via 1st Class Mail, and PHX will be responsible for the cost incurred and all customer service and payment entry.

Franchise Tax Board Processing:
 Social Security Number Look-up: This fee will be assessed to lookup a social security number associated with a
responsible party and address
This charge is charged per unique SSN, not per citation FTB Collections  FTB Collections: This fee is charged if a citation is paid at the FTB.  This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged Collections:
 This fee is charged if a citation is paid at collections Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at collections, only the 26% of revenue collected will be charged

Adjudication Service;
 Scanning and scheduling of hearing
 PHX will review all documentation received by the appellant and determine whether the request received within the required timeframe
 If the request was received within the required timeframe, PHX’s Adjudication Department will place the citation on an administrative hearing request hold and scan all received documentation into WinciteTM where it is displayed on the web for the AGENCY and the hearing officer
 If the request is received outside the required timeframe, the AGENCY will have the option to proceed as though the request was received within the timeframe or it may elect to have PHX send a “time expired letter” rejecting the appeal
 PHX will work with the designated hearing officer to schedule the hearing based on either a pre- determined schedule or an ad hoc basis, depending on the AGENCY’s schedule Hearing Schedule & Disposition Letters:
 PHX will send a custom disposition letter to the appellant via 1st class mail, postage included  All letters are attached to the citation online and are viewable via the web  Disposition letters will be sent Monday – Friday
Online Access for the Agency’s Customers/ Public:
 AGENCY customers will have the ability to perform the following functions online:

View real-time citation(s) data
Pay for a single or many citation(s)
Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards Request a hearing online and attach up to 3 supporting documents Print a receipt
View pictures of the citation taken by the issuing officer (if the AGENCY allows) Online Access for the Agency’s Staff:
 Access to the AGENCY’s data is based on unique usernames and passwords assigned to everyone who requires access to the system. PHX does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to PHX.
 The PHX solution is setup to maintain a complete audit trail for each transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when. Depending on the access rights provided to each AGENCY staff member, the following capabilities are available:

View real-time citation(s) data, including pictures taken by the Issuing officer Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards Accept payment via cash, check or money order
Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

 Process NSFs, charge-backs and refunds
 Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold
 Change citation data, including violations, date, time, location, comments, and others  Generate a time expired or letter of non-responsibility for a citation in the adjudication process  View the complete reason for the hearing request and supporting documentation provided by the appellant directly online
 Edit appellant information
 Upload disposition documents sent to the AGENCY via US mail  Add a note to a citation and see all comments added to the citation  View the reason for the 2nd level administrative hearing request online and view the supporting documentation provided by the appellant, directly online  Print a receipt with or without responsible party information Reporting:
 PHX offers 24 reports online for AGENCY to generate, print and re-print 24/7. PHX provides real-time reports that can be generated for any timeframe required and we provide pre- processed/month-end reports that reflect the month-end view of data.  All reports are available online through WinciteTM. .  All reports are generated are available in both PDF and Excel.

Manual Payment Processing: Included:
 Manually receive payments (checks, cash, money orders and credit card payments sent via US Mail) are received at PHX’s PO Box in Santa Ana where a bonded and insured courier picks up the mail daily and delivers it to the PHX Santa Ana office.  On-site mail department opens, sorts and batches the payments before providing them to our on- site data entry department
 After double-blind entry of each payment, the citations are updated by the PHX Quality Assurance team
 Payments are then provided to the PHX Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank
Customer Service:
 PHX provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, FTB, and collections.
 All calls are recorded for quality assurance and recordings can be sent to the AGENCY at any time for review
 PHX’s integrated voice response (“IVR”) system is bi-lingual and accessible via several toll- free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
 The IVR accepts VISA, MasterCard, Discover, and American Express Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

Web Presence:
 PHX Solution is 100% web-based: www.paymycite.com ; this is a custom website for the Agency for complete transparency. This website allows the AGENCY and the AGENCY’s Customers to access citations online
 PCI complaint,TLS1.2 encryption level. McAfee Secure. Trustwave.  Web Content Accessibility Compliance: WCAG20- 20081211/ Level AA, Section 508 Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

Administrative Citation processing - Pricing Per Item Cost One Time Set-Up Fee: database creation, system set-up of tables, project management, client approval, web-site customization WAIVED All services below are INCLUDED:
*Unlimited Online Web Access for Agency’s customers, real time citation data, ability to pay single or multiple citations. E-mail receipts automatically generated and sent to the customer. *Custom Website payments and contesting: www.paymycite.com $595.00 per month Accepts secure online payments via Visa, MC, Discover, American Express credit/debit.

PCI complaint,TLS1.2 encryption level. McAfee Secure.Trustwave. *Customized IVR and Toll-free phone number for payments. PHX IVR system provides real time information to the caller regarding status, including amount due. All major credit cards are accepted. E-mail receipts automatically generated and sent to the customer. * Live on-site bilingual Customer service. Calls can be recorded for quality assurance. *Unlimited Online Access for Agency Staff; with unique usernames and encrypted passwords assigned, audit trail detailing all activity in the system, view real time data, depending on security level reduce or increase violation amounts, dismiss citations, void citations and place citations on hold. Additional features available. *Reports includes: online reports to generate, print and re-print 24/7. Reports can be exported in both PDF and Excel. Custom reports are available upon request. *Payment Plan Setups incudes letter generated to customer specifying plan arrangements. *Online Contesting includes paperless appeals *Adjudication Services; adjudication holds and scanning, disposition entry, scheduling hearings, providing back-up to Hearing Officers including hearing packets. *Payment Processing includes: Manually received payments (checks, cash, money orders sent via US Mail) received at our PO Box in Santa Ana (bonded courier service included for bank deposits). Daily deposits are made to the Agency account by Accounting Staff at PHX, a deposit slip is generated daily and sent to the Agency via e-mail.

Cost per citation issued: electronic or manually processed $8.00 Notice of Violation (1st Courtesy Notices required by County) includes: printing and sending daily, windowed envelope, 8.5 x 11” semi-custom notice, return insert envelope for payment.

Included
Credit Card Payments (The credit card convenience fee is charged to the public, $3.95 or 3.25% per transaction)
Included
Postage - First Class Rates (for all correspondence mailed) First Class Rates
Other correspondence letter including disposition letters, hearing schedule letters, and FTB Pre-Intercept Notice $1.25
Refunds if applicable includes weekly generation of refund checks, monthly reconciliation $25.00 Credit Card Chargebacks; if applicable ( Pass through cost to Agency) $55.00 Bank Returned Checks $25.00
Delinquent Collections 20%
Acquisition of SSN# (used for FTB processing) $2.95
Franchise Tax Board Collections includes: Placement at FTB, Dispute resolution and customer service
15%
Training; full training of Wincite Administrative Database Management System for County Staff. All training sessions can be digitally recorded and given to the Agency for future use and reference.

Free of Charge

Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

MOBILE ENFORCEMENT – PRICING – Optional Service (recommended) Description Cost
Android HHU | Wi-Fi only w/ military grade protective case TBD Wincite Mobile Software License | Unlimited site license; One-time charge per unit $995.00 Software Installation/configuration | One-time charge per unit $100.00 TSC Alpha 3R | Bluetooth Printer w/ 2-year warranty / Protective environmental case,
$880.00 per device
Hardware/Software Support | ongoing monthly charge per unit LPR real time accessibility | ongoing monthly charge per unit. OPTIONAL $60.00 LPR Software License & Activation, one time fee per device This service charge of $3995.00 per device was waived and included at no cost.

FREE OF CHARGE
Training; full training of Wincite Mobile Automated Ticket writing software for Agency Staff. All training sessions can be digitally recorded and given to the Agency for future use and reference. A video will be provided for future training purposes.

FREE OF CHARGE

10.1 Payment plans and settlement agreements: If AGENCY chooses to allow payment arrangements due to INDIVIDUAL financial hardship PHX will establish the number of payments and the final due date of the citation. The citation will be suspended to an agreed upon date in WinciteTM in accordance with the payment arrangement between the AGENCY and the INDIVIDUAL.

10.2 Postal Increases: In the event of a postal increase PHX will provide the adjustment of fees to offset the postal increase; such increases will be notified to the AGENCY in writing.

11.0 DATA RETENTION POLICY
Data will be removed and/or archived from the system daily. Data archived from the system will be retained by PHX in an archived database and is retained for a period of five years unless returned to the AGENCY before that time. The AGENCY has the option to request such data.

11.1 Criteria for removal/archival of data will be: Closed citations: Any citation older than 18 months that has been closed for a period of one year. Open citations: Any open citation that is not on DMV hold, and older than 24 months. Regardless of age open citations that are on DMV files with a hold on the registration will remain on the system until DMV clears the citation.

11.2 Hard copy data: Hard copy files can be returned to the AGENCY or shredded by PHX for the AGENCY; this will be done twice a year; if first agreed to in writing by both AGENCY and PHX. For example, anything from January - June will be returned to the AGENCY the following January.

Archival Data Retrieval $150.00 Bi-annual
Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

12.0 TERM AND RENEWALS:

Except, as otherwise stated, these terms and conditions shall be in effect between both parties commencing on May 1, 2025 and until June 30, 2028. Following this period, the agreement will continue on a month-to-month basis and prices and fees are subject to change in accordance with the Consumer Price Index (“CPI”) and State and AGENCY municipal fee schedule. PHX will notify AGENCY of any changes prior to renewal date. AGENCY will be notified in writing by PHX of any agreement changes and/or fee increases. Changes will not take effect until written approval received from AGENCY.

Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, AGENCY may terminate this Agreement at any time by giving written notice to PHX if (1) PHX materially breaches any of the terms of this Agreement; (2) any act or omission of PHX or the PHX Parties exposes AGENCY to potential liability or may cause an increase in AGENCY’s insurance premiums; (3) PHX is adjudged a bankrupt; (4) PHX makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of PHX’s insolvency. Such termination shall be effective immediately upon PHX’s receipt of the notice.

12.1 Return and Ownership of Citation Data: All electronic and handwritten citations, reports, electronic media, and other relevant documents, shall be the property of the AGENCY and shall be returned to the AGENCY upon either the completion of this Agreement or the termination of this Agreement within 15 days. This includes copies and reproductions assembled or prepared by PHX employees, agents, and/or officers, in connection with this Agreement

12.2 Exclusivity: AGENCY agrees to utilize only the services of PHX during the term of this agreement for the processing of citations and all other signed services. AGENCY also agrees to not directly, or indirectly, divulge trade secretes, proprietary and/or intellectual property of PHX to any unauthorized person or entity. This non-disclosure obligation shall survive the termination of this agreement.

13.1 INDEMNIFICATION
Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “AGENCY Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of PHX, the PHX Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform PHX’s obligations under this Agreement, including, but not limited to PHX’s or the PHX Parties’ use of the site, PHX’s or the PHX Parties’ performance of the Services, PHX’s or the PHX Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to or death of persons or damage to property or delay or damage to the AGENCY or the AGENCY Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. The indemnification provided for in this Section 6 includes, without limitation to the foregoing, claims that may be made against AGENCY by any taxing authority asserting that an employer-employee relationship exists by reason of this Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

Agreement, and any claims made against AGENCY alleging civil rights violations by PHX or PHX Parties under the California Fair Employment and Housing Act (“FEHA”).

14.0 INSURANCE
PHX shall procure and maintain for the duration of the contract the following insurance against claims for injuries to persons or damages of property. Claims may arise from, or in connection, with the performance of the Contract by PHX agents, representatives, employees, or subcontractors.

A. General Liability: $1,000,000 combined single limit for each occurrence.

B. Workers’ Compensation as required by the Labor Code of the State of California.

15.0 CONFIDENTIAL/FILE SECURITY
Reasonable security provisions will be provided by PHX to ensure the access to AGENCY computer records and files will be available only to the AGENCY. PHX cannot guarantee against loss or alteration of computer records but will take extraordinary precautions to prevent such occurrences. PHX will hold all AGENCY data in strict confidence and shall not provide any data to any other party unless directed by AGENCY in writing or as ordered by a lawful local, state, or federal entity.

16.0 SECTION HEADINGS
Section headings that appear in this Agreement are inserted for convenience of reference only and shall not be construed to be interpretations of text.

17.0 COMMENCEMENT OF WORK
Work shall not commence under the Contract until a fully executed agreement has been received by PHX and PHX has been given approval to proceed.

18.0 MISCELLANEOUS

18.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.

18.2 No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy

18.3 If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement..

18.4 All provision of this Agreement shall be binding upon both parties.

18.5 The Agreement contains the entire understanding between PHX and AGENCY upon the commencement date supersedes and replaces all prior agreements, negotiations, proposals, or representations, regarding warranty and/or services.

Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580

Phoenix Group Information Systems Service Agreement
Email: [email protected]

19 INDEPENDENT CONTRACTOR STATUS.

The Parties agree that PHX is free from the control and direction of AGENCY in connection with PHX’s performance of the Services. PHX is hereby retained to provide the specified Services for AGENCY, which are outside the usual course of AGENCY’s business. PHX certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. PHX understands and agrees that PHX and the PHX Parties shall not be considered officers, employees, agents, partners, or joint venturers of AGENCY, and are not entitled to benefits of any kind or nature normally provided to employees of AGENCY and/or to which AGENCY’s employees are normally entitled.

Accepted: Accepted:

Phoenix Group Information
Systems City of Hollister

Signature: Signature:

Printed Name: Printed Name: David Mirrione
Title: Title: City Manager
Date: Date:

Docusign Envelope ID: 9530272B-1E7E-4E90-93C4-8B0C2DE6E580 Claire Murphy
5/16/2025 | 11:54:03 AM PDT

VICE PRESIDENT

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 16, 2025
REPORT # Public Works-2025-38

AGENDA ITEM: A RESOLUTION ACCEPTING THE BIDS RECEIVED AND

AWARDING A CONTRACT TO ESTATE DESIGN AND CONSTRUCTION FOR THE BATHROOM REMODEL AT THE COMMUNITY CENTER, CIP C2505 AND AUTHORIZING STAFF TO UTILIZE THE AMAZON DONATION OF $250,000 FOR

THIS PROJECT

DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Dillon Albert, Assistant Engineer

RECOMMENDED ACTION:

1. Adopt a resolution accepting the bids and award the contract to Estate Design and Construction for the Bathroom Remodel at the Community Center, CIP C2505; and

2. Authorize staff to utilize the Amazon donation of $250,000 for this project.

DISCUSSION: On May 22, 2025, two (2) bids were received. The lowest bid was received from Estate Design and Construction in the amount of $278,500.00. The bid tabulation is attached.

Staff is requesting the City Council do the following: Accept the bids received, award the contract to the lowest responsive bidder, and authorize the City Manager to execute the contract with Estate Design and Construction in the amount of $278,500.00, and any subsequent change orders in an amount not to exceed $46,500.00 for a total of $325,000.00 for the timely completion of this project. Staff recommend utilizing the total donation of $250,000 received from Amazon on June 4, 2025.

FISCAL IMPACT: Expenditures of $325,000.00 from Fund 101, including the Amazon donation of $250,000.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Categorical Exemption 15301(a) Class 1 Existing Facilities.

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 AND AWARDING A CONTRACT IN
THE AMOUNT OF $278,500.00 TO ESTATE DESIGN AND

CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT AND CHANGE ORDERS FOR THE
BATHROOM REMODEL AT THE COMMUNITY CENTER, CIP C2505

WHEREAS, on May 9, 2025, staff called for sealed bids; and

WHEREAS, on May 22, 2025, two (2) bids were received; and

WHEREAS, the lowest bid was received from Estate Design and Construction; and

WHEREAS, Amazon provided the City of Hollister a donation of $250,000 on June 4, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids received and awards a contract to Estate Design and Construction for the bid amount of $278,500.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to execute a contract and any subsequent change orders with Estate Design and Construction in an amount not to exceed $325,000.00 for the timely completion of this project.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to utilize the Amazon donation of $250,000 for CIP 2505.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on June 16, 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 June 16, 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 June 16, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Bathroom Remodel at the Community Center, CIP C2505
Estimated Contract Value ($309504)
Total Awarded Value $ 0.00
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 1 SAW CUT SLAB ON GRADE FOR NEW

WASTE PIPE
Linear Foot/Feet 1 220 10.4 2288 1 1 220 129.55 28501 2 2 REMOVE SLAB ON GRADE, 12” WIDE Square Foot/Feet 2 220 6.5 1430 1 2 220 88.82 19540.4 2 3 PATCH SLAB ON GRADE Square Foot/Feet 3 220 5.2 1144 1 3 220 197.36 43419.2 2 Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 4 MISC. ROUGH CARPENTRY Square Foot/Feet 4 381 13 4953 1 4 381 22.47 8561.07 2 5 MISC. METALS Square Foot/Feet 5 381 10.4 3962.4 1 5 381 24.23 9231.63 2 Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 6 ACCESS LADDER Each 6 1 650 650 1 6 1 3200 3200 2
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 7 NEW INTERIOR PLUMBING

PARTITIONS
Square Foot/Feet 7 600 32.5 19500 2 7 600 11.95 7170 1
8 NEW HM DOOR, FRAME,

HARDWARE
Each 8 4 1040 4160 1 8 4 2285 9140 2
9 SEMI-RECESSED PAPER TOWEL

DISPENSER/ WASTE RECEPTACLE
Each 9 2 422.5 845 2 9 2 225 450 1
10 WALL MOUNTED PAPER TOWEL

DISPENSER
Each 10 2 195 390 1 10 2 225 450 2
11 SANITARY NAPKIN DISPOSAL Each 11 4 156 624 2 11 4 112.5 450 1 12 SEAT COVER Each 12 4 84.5 338 1 12 4 112.5 450 2
13 TOILET TISSUE DISPENSER Each 13 4 156 624 2 13 4 112.5 450 1 14 SOAP DISPENSER Each 14 2 136.5 273 1 14 2 225 450 2
15 GRAB BAR, 42" LONG Each 15 4 70 280 1 15 4 112.5 450 2 16 GRAB BAR, 48" LONG Each 16 4 71.5 286 1 16 4 112.5 450 2 17 COAT HOOK Each 17 8 39 312 1 17 8 56.25 450 2
18 JANITOR SHELF AND MOP RACK Each 18 1 260 260 1 18 1 2750 2750 2 19 NEW FRAMELESS MIRRIOR, 5'-0"X3'-
2"
Each 19 2 400 800 1 19 2 1070 2140 2
20 NEW WALL MOUNTED SIGNAGE,

RESTROOMS
Each 20 2 150 300 1 20 2 1565 3130 2
21 NEW DOOR MOUNTED SIGNAGE,

RESTROOMS
Each 21 2 97.5 195 1 21 2 1355 2710 2
22 MISC. METALS Lump-Sum 22 1 975 975 1 22 1 3100 3100 2 23 MISC. FINISH CARPENTRY Lump-Sum 23 1 1800 1800 1 23 1 11100 11100 2 Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 24 (N) WALL TILE WAINSCOT Square Foot/Feet 24 796 37 29452 2 24 796 34.07 27119.72 1 25 PAINT ABOVE WAINSCOT Square Foot/Feet 25 995 3.64 3621.8 1 25 995 6.13 6099.35 2 26 MISCELLANEOUS PAINT - PATCH,

PAINT EXISTING AFFECTED BY NEW
WORK
Lump-Sum 26 1 845 845 1 26 1 5700 5700 2
27 CERAMIC TILE FLOORING Square Foot/Feet 27 381 49.4 18821.4 1 27 381 75.35 28708.35 2 28 RESILIENT FLOOR Square Foot/Feet 28 76 13 988 1 28 76 68.29 5190.04 2 29 FLOOR BASE Linear Foot/Feet 29 185 3.9 721.5 1 29 185 16.11 2980.35 2 30 FLOOR CUTTING/ REPAIRS Linear Foot/Feet 30 90 6.5 585 1 30 90 24.33 2189.7 2 31 PATCH EXISTING GYBOARD CEILING Square Foot/Feet 31 381 3.71 1413.51 1 31 381 7.61 2899.41 2 32 PAINT EXISTING GYPSUM BOARD

CEILING
Square Foot/Feet 32 381 2.99 1139.19 1 32 381 3.81 1451.61 2 33 TOUCH- UP PAINTING Square Foot/Feet 33 381 0.85 323.85 1 33 381 7.09 2701.29 2 34 FINAL CLEAN Square Foot/Feet 34 381 0.62 236.22 1 34 381 6.67 2541.27 2 Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 35 SITE SAFE-OFF AND DEMOLITION Lump-Sum 35 1 4550 4550 1 35 1 5100 5100 2 36 PLUMBING FIXTURES Each 36 10 3120 31200 2 36 10 923 9230 1 37 LAVATORY, L1 Each 37 4 2405 9620 2 37 4 1780 7120 1
38 WATER CLOSET, WC1 Each 38 4 1625 6500 1 38 4 1780 7120 2 39 MOP SINK, MS1 Each 39 1 1690 1690 1 39 1 3800 3800 2 40 DRINKING FOUNTAIN, DF1 Each 40 1 3250 3250 1 40 1 3900 3900 2 42 FIXTURE WALL ROUGH-IN Each 42 10 260 2600 1 42 10 3919 39190 2 43 DOMESTIC COLD WATER Linear Foot/Feet 43 20 3.9 78 1 43 20 245.5 4910 2 44 DOMESTIC HOT WATER Linear Foot/Feet 44 10 4.55 45.5 1 44 10 245 2450 2 45 SANITARY WASTE Linear Foot/Feet 45 110 7.8 858 1 45 110 81 8910 2 46 SANITARY VENT Linear Foot/Feet 46 30 5.2 156 1 46 30 123.33 3699.9 2 47 INSULATION Linear Foot/Feet 47 10 3.25 32.5 1 47 10 214 2140 2 48 VALVES AND SPECIALTIES Lump-Sum 48 1 1625 1625 1 48 1 3000 3000 2 49 FLOOR DRAIN Each 49 1 234 234 1 49 1 510 510 2
50 FLOOR CLEANOUT Each 50 2 195 390 1 50 2 950 1900 2
51 GRADE CLEANOUT Each 51 1 156 156 1 51 1 450 450 2
52 CONNECT INTO EXISTING Lump-Sum 52 1 1365 1365 1 52 1 2000 2000 2 53 MISCELLANEOUS REQUIREMENTS,

SUPERVISION, TESTING,

DOCUMENTATION,

COORDINATION, COMMISSIONING

ASSIST,

GENERAL CONDITIONS AND

REQUIREMENTS
Lump-Sum 53 1 2309.16 2309.16 1 53 1 11210 11210 2
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 54 SITE SAFE-OFF AND DEMOLITION Lump-Sum 54 1 7150 7150 1 54 1 10000 10000 2 57 DIFFUSERS, GRILLES, REGISTERS Each 57 5 1885 9425 2 57 5 582 2910 1 58 CONTROLS AND INSTRUMENTATION Each 58 1 4000 4000 1 58 1 4100 4100 2 59 TESTING AND BALANCING Hour 59 4 1755 7020 2 59 4 275 1100 1 60 MISCELLANEOUS REQUIREMENTS,

SUPERVISION, TESTING,

DOCUMENTATION,

COORDINATION, COMMISSIONING

ASSIST,

GENERAL CONDITIONS AND

REQUIREMENTS
Lump-Sum 60 1 1720 1720 1 60 1 12450 12450 2
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 41 PLUMBING EQUIPMENT N/A 41 1500 1500 1 41 1500 1500 1 55 EXHAUST FAN N/A 55 940 940 1 55 940 940 1
56 DRY DISTRIBUTION N/A 56 3000 3000 1 56 3000 3000 1
61 FIRE PROTECTION REWORKS,

ALLOWANCE
N/A 61 3811 3811 1 61 3811 3811 1
63 SERVICE & DISTRIBUTION N/A 63 2640 2640 1 63 2640 2640 1 64 EXHAUST FAN POWER

CONNECTION
N/A 64 750 750 1 64 750 750 1
65 HAND DRYER POWER

CONNECTION, ALLOWANCE
N/A 65 1500 1500 1 65 1500 1500 1
66 DUPLEX RECEPTACLE, GFI N/A 66 450 450 1 66 450 450 1 67 CONDUIT WIRING N/A 67 880 880 1 67 880 880 1
73 FIRE ALARM N/A 73 3049 3049 1 73 3049 3049 1
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 62 SITE SAFE-OFF AND DEMOLITION Lump-Sum 62 1 2600 2600 2 62 1 1890 1890 1 68 RELOCATE 1'X4' LIGHT FIXTURE Each 68 4 845 3380 2 68 4 495 1980 1 69 RELOCATE VANITY LIGHT FIXTURE Each 69 2 1200 2400 2 69 2 550 1100 1 70 CONDUIT AND WIRING Linear Foot/Feet 70 90 16.25 1462.5 1 70 90 23.33 2099.7 2 71 CONTROL WIRING, DEVICES, SETUP Lump-Sum 71 1 6200 6200 2 71 1 3400 3400 1 72 LIGHTING AND CONTROLS Square Foot/Feet 72 381 22 8382 2 72 381 4.2 1600.2 1 74 MISCELLANEOUS REQUIREMENTS,

SUPERVISION, TESTING,

DOCUMENTATION,

COORDINATION, COMMISSIONING

ASSIST,

GENERAL CONDITIONS AND

REQUIREMENTS
Lump-Sum 74 1 1700 1700 1 74 1 30882 30882 2
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 75 REMOVE EXISTING NON-BEARING
DRYWALL PARTITION, INCL.

FINISHING
Square Foot/Feet 75 470 6 2820 1 75 470 10.89 5118.3 2
76 DEMO WALL TILES Square Foot/Feet 76 1134 3.55 4025.7 2 76 1134 2.91 3299.94 1 77 REMOVE EXISTING FLOOR TILES,
BASE
Square Foot/Feet 77 381 6.63 2526.03 1 77 381 8.14 3101.34 2 78 REMOVE DOOR, FRAME Each 78 3 611 1833 1 78 3 630 1890 2 79 REMOVE TOILET PARTITION, ADA Each 79 2 858 1716 2 79 2 550 1100 1 80 REMOVE TOILET PARTITION,

REGULAR
Each 80 4 494 1976 2 80 4 275 1100 1
81 REMOVE TOILET ACCESSORIES Lump-Sum 81 1 851.24 851.24 1 81 1 1100 1100 2 82 MISCELLANEOUS DEMO Square Foot/Feet 82 381 6.5 2476.5 1 82 381 14.17 5398.77 2 83 PROTECTION TO EXISTING AND

PARTITION BARRIERS
Month 83 3 1040 3120 2 83 3 833.33 2499.99 1
Estate Design and Construction One Day Installation and Repairs Inc Project 1 Project 1 Project 1
Foundations (Section 1)Foundations (Section 1)Foundations (Section 1) Group Total : $ 4862.0 Group Total : $ 91460.60
Superstructure (Section 2)Superstructure (Section 2)Superstructure (Section 2) Group Total : $ 8915.4 Group Total : $ 17792.70
Roofing (Section 3)Roofing (Section 3)Roofing (Section 3) Group Total : $ 650 Group Total : $ 3200
Interior Construction (Section 4)Interior Construction (Section 4)Interior Construction (Section 4) Group Total : $ 31962.0 Group Total : $ 45290.00
Interior Finishes (Section 5)Interior Finishes (Section 5)Interior Finishes (Section 5) Group Total : $ 58147.47 Group Total : $ 87581.09
Plumbing (Section 6)Plumbing (Section 6)Plumbing (Section 6) Group Total : $ 66659.16 Group Total : $ 116639.90
HVAC (Section 7)HVAC (Section 7)HVAC (Section 7)
Group Total : $ 29315 Group Total : $ 30560
Cost Allowance Items (Section 8)Cost Allowance Items (Section 8)Cost Allowance Items (Section 8) Group Total : $ 18520 Group Total : $ 18520
Electrical (Section 9)Electrical (Section 9)Electrical (Section 9) Group Total : $ 26124.50 Group Total : $ 42951.90
Selective Building Demolition (Section 10)Selective Building Demolition (Section 10)Selective Building Demolition (Section 10) Group Total : $ 21344.47 Group Total : $ 24608.34

Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment 84 TEMPORARY ADA ACCESSIBLE

RESTROOM FACILITIES FOR STAFF
Each 84 3 4000 12000 2 84 3 730 2190 1
Project Total : $ 278500.00 Project Total : $ 480794.53 Temporary Restroom Facilities (Section 11)Temporary Restroom Facilities (Section 11)Temporary Restroom Facilities (Section 11) Group Total : $ 12000 Group Total : $ 2190

SPECIFICATIONS & CONTRACT DOCUMENTS

Bathroom Remodel at the Community Center
CIP C2505

CITY OF HOLLISTER

COUNTY OF SAN BENITO

May 2025

CERTIFICATION

In accordance with the provisions of Section 6737 of the Business of Professions Code of the State of California, these specifications have been prepared by or under the direction of the following Professional Architect licensed in the State of California.

Christopher Barlow, May 9, 2025
C 31466

No. C31466
REN.1/31/23

LIC E N S E D A RCHIT
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TABLE OF CONTENTS

SECTION PAGE
CONSTRUCTION CONTRACT ........................................................................................................................ 1 RECITALS ............................................................................................................................................... 1 SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS ....................................................... 2 SECTION 2 THE PROJECT ................................................................................................................. 2 SECTION 3 THE CONTRACT DOCUMENTS ....................................................................................... 2 SECTION 4 THE WORK ..................................................................................................................... 3 SECTION 5 PROJECT TEAM .............................................................................................................. 3 SECTION 6 TIME OF COMPLETION .................................................................................................. 3 SECTION 7 COMPENSATION TO CONTRACTOR ............................................................................... 5 SECTION 8 STANDARD OF CARE ...................................................................................................... 6 SECTION 9 INDEMNIFICATION ........................................................................................................ 6 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS ............................................. 7 SECTION 11 INSURANCE AND BONDS ............................................................................................... 7 SECTION 12 PROHIBITION AGAINST TRANSFERS .............................................................................. 7 SECTION 13 NOTICES ......................................................................................................................... 7 SECTION 14 DISPUTE RESOLUTION ................................................................................................... 8 SECTION 15 DEFAULT ...................................................................................................................... 12 SECTION 16 CITY’S RIGHT’S AND REMEDIES ................................................................................... 13 SECTION 17 CONTRACTOR’S RIGHT’S AND REMEDIES.................................................................... 17 SECTION 18 ACCOUNTING RECORDS .............................................................................................. 17 SECTION 19 INDEPENDENT PARTIES ............................................................................................... 18 SECTION 20 NUISANCE .................................................................................................................... 18 SECTION 21 PERMITS AND LICENSES .............................................................................................. 18 SECTION 22 WAIVER ........................................................................................................................ 18 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT .................................................... 18 SECTION 24 GOVERNING LAW ........................................................................................................ 18 SECTION 25 COMPLETE AGREEMENT ............................................................................................. 19 SECTION 26 SURVIVAL OF CONTRACT............................................................................................. 19 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS .................................................................. 19 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM SB 854 ............................. 19 SECTION 31 GOVERNMENTAL POWERS .......................................................................................... 20 SECTION 32 SEVERABILITY ............................................................................................................... 20 SECTION 33 EXHIBITS ...................................................................................................................... 20 NOTICE INVITING SEALED BIDS ............................................................................................. EXHIBIT 1 CONTRACTOR’S BID ............................................................................................................... EXHIBIT 2 INSTRUCTION TO BIDDERS and PROPOSAL TO CITY OF HOLLISTER .................................... EXHIBIT 3 A) GENERAL INFORMATION ................................................................................................. ITB-1 B) PROPOSAL FORMS ........................................................................................................... ITB-1 C) BIDDER'S GUARANTY AND RETURN OF GUARANTY ...................................................... ITB-1

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D) CONTRACT BONDS ........................................................................................................... ITB-1 E) REJECTION OF PROPOSALS ......................................................................................... ITB-2 F) AWARD OF CONTRACT .................................................................................................... ITB-2 G) EXECUTION OF CONTRACT .............................................................................................. ITB-2 H) STANDARD SPECIFICATIONS ............................................................................................ ITB-2 I) SUPPLEMENTAL PLANS AND SPECIFICATIONS ............................................................... ITB-3 J) EXAMIN. OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK..... ITB-3 K) WORKERS' COMPENSATION INSURANCE ....................................................................... ITB-3 L) LIABILITY INSURANCE ...................................................................................................... ITB-3 M) PREVAILING WAGES APPLICABLE .................................................................................... ITB-3 N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION .......................................... ITB-3 O) NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER .................................. ITB-4 P) HOURS OF CONSTRUCTION ........................................................................................ ITB-4

STATEMENT OF WORK ............................................................................................................... EXHIBIT 4 ITEMS OF CONSTRUCTION ......................................................................................................... EXHIBIT 5 DESIGNATION OF SUBCONTRACTOR ........................................................................................ EXHIBIT 6 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER and SUBMITTED WITH BID EXHIBIT 7 GENERAL CONDITIONS ............................................................................................................... EXHIBIT 8 SPECIAL PROVISIONS and/or TECHNICAL SPECIFICATIONS .................................................... EXHIBIT 9 DIVISION 1 – SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION ..................................................................................................... SP1 01011 SUMMARY OF WORK ....................................................................................................... SP1 01012 EQUIPMENT TO BE PROVIDED TO OWNER ..................................................................... SP1 01013 WORK BY OTHERS ............................................................................................................ SP1 01014 DEFINITIONS ..................................................................................................................... SP1 01015 WORK INVOLVING EXISTING SYSTEM .............................................................................. SP1 01016 COORDINATION OF WORK ............................................................................................... SP2 01017 WORK SEQUENCE AND CONSTRAINTS ............................................................................ SP2 01020 CONSTRUCTION STAKES, LINES AND GRADES (NOT USED) ............................................. SP2 01021 SITE WORK ....................................................................................................................... SP2 01022 PARTIAL ACCEPTANCE OF WORK ..................................................................................... SP3 01023 PARTIAL AND FINAL PAYMENT ........................................................................................ SP3 01210 PRECONSTRUCTION CONFERENCE .................................................................................. SP3 01220 PROGRESS MEETINGS ...................................................................................................... SP4 01221 SCHEDULE REVIEW ........................................................................................................... SP4 01222 REVISIONS TO CONSTRUCTION SCHEDULE ...................................................................... SP4 01300 SUBMITTALS – SHOP DRAWINGS..................................................................................... SP5 01310 MATERIALS AND EQUIPMENT LIST .................................................................................. SP5 01320 QUALITY CONTROL ........................................................................................................... SP5 01321 SAMPLING ........................................................................................................................ SP5 01322 INSPECTION ...................................................................................................................... SP6 01400 TEMPORARY FACILITIES ................................................................................................... SP6 01401 ELECTRICAL SERVICE ........................................................................................................ SP6 01402 TEMPORARY LIGHTING .................................................................................................... SP6 01403 HEATING AND VENTILATION............................................................................................ SP6

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01404 WATER.............................................................................................................................. SP6 01405 SANITARY CONVENIENCES ............................................................................................... SP7 01414 WARNING DEVICES AND BARRICADES ............................................................................ SP7 01415 HAZARDS IN PROTECTED AREAS ...................................................................................... SP7 01416 PROTECTION OF EXISTING ITEMS .................................................................................... SP7 01417 PROJECT SECURITY ........................................................................................................... SP7 01418 FIRE EXTINGUISHERS ........................................................................................................ SP7 01419 DUST CONTROL ................................................................................................................ SP7 01420 SPECIAL CONTROLS .......................................................................................................... SP7 01422 ODOR CONTROL ............................................................................................................... SP8 01423 DRAINAGE CONTROL ....................................................................................................... SP8 01424 EROSION CONTROL .......................................................................................................... SP8 01502 CONTRACTOR'S CONTINUING OBLIGATION .................................................................... SP8 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES .................................................................. SP8 01504 PROJECT CLOSEOUT ......................................................................................................... SP9 01505 CLEANING ......................................................................................................................... SP9 01506 FINAL SITE CLEAN-UP ....................................................................................................... SP9 01507 WASTE DISPOSAL ............................................................................................................. SP9 01510 PROJECT RECORD DOCUMENTS ...................................................................................... SP9 01520 TOUCH-UP AND REPAIR ................................................................................................... SP9 01530 REUSE OF DOCUMENTS ................................................................................................... SP9 DIVISION 2 – TECHNICAL SPECIFICATIONS
02010 GENERAL CONDITIONS..................................................................................................... TS1 02016 EXISTING UTILITIES ........................................................................................................... TS3 02050 DEMOLITION / EXISTING FACILITIES ................................................................................ TS3 02110 SCHEDULING .................................................................................................................... TS6 02120 SURVEYING & CONSTRUCTION STAKING ......................................................................... TS6 02370 REMOVAL OF USA AND CONSTRUCTION MARKINGS ...................................................... TS6 07000 RESTORE PRIVATE PROPERTY .......................................................................................... TS7 BONDS BID BOND ......................................................................................................................... 10-1 LABOR & MATERIAL BOND .............................................................................................. 10-2 PERFORMANCE BOND ..................................................................................................... 10-3

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CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT, entered into on June 9, 2025 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and Estate Design and Construction ("Contractor"), is made with reference to the following:

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

B. Contractor is a corporation duly organized and in good standing in the State of California, License Number 1075658. Contractor is a general contractor with a Class A, B, and C36 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 May 9, 2025, the City issued a Notice Inviting Bids to contractors for the Bathroom Remodel at the Community Center Project, CIP C2505. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are:

Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non-Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); Insurance Requirements (Exhibit 11); and Additional Contract Requirements (if applicable) (Exhibit 12).

D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); the latest edition of the California Building Standards Code; 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, the California Building Standards Code, 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 California Building Standards Code, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.

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E. City and Contractor desire to enter into this Construction Contract for the Bathroom Remodel at the Community Center Project, CIP 2505, and other services, as identified 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 work to be performed includes, but is not necessarily limited to, the remodel of existing restrooms, relocation of the janitor’s closet, and replacement of damaged sewer line. ("Project").

SECTION 3 THE CONTRACT DOCUMENTS.

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

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SECTION 4 THE WORK.

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

SECTION 5 PROJECT TEAM.

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

SECTION 6 TIME OF COMPLETION.

6.1 Time Is of Essence.

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

6.2 Commencement of Work.

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

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within sixty- two (62) working days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).

6.4 Liquidated Damages.

6.4.1 Entitlement.

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

6.4.2 Daily Amount.

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

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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.

.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.

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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 Two Hundred Seventy- Eight Thousand, Five Hundred Dollars ($ 278,500) (the “Contract Sum”).

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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

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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) The California Building Standards Code.

SECTION 11 INSURANCE AND BONDS.

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

SECTION 12 PROHIBITION AGAINST TRANSFERS.

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

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

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:

(i) On the date delivered if delivered personally;

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(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, Public Works Department Engineering Division 339 Fifth St.

Hollister, CA 95023
Attention: Dillon Albert, Assistant Engineer
Re: Bathroom Remodel at the Community Center, CIP C2505

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: Bathroom Remodel at the Community Center, CIP C2505

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:

Estate Design and Construction
5601 W Slauson Ave, STE# 186
Culver City, CA 90230
Attn: Benjamin S. Tvizer, CEO
Re: Bathroom Remodel at the Community Center, CIP C2505

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.

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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 participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

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

14.4.2. Meet and Confer Conference.

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

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

The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in

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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;

Construction Contract – Page 12

provided, however, that depositions shall be limited to both of the following:

(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.

.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.

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

14.5 Non-Waiver.

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

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

SECTION 15 DEFAULT.

15.1 Notice of Default.

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

Construction Contract – Page 13

default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

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

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

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

16.1.1 Delete Certain Services.

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

16.1.2 Perform and Withhold.

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

16.1.3 Suspend The Construction Contract.

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

16.1.4 Terminate the Construction Contract for Default.

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

16.1.5 Invoke the Performance Bond.

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

Construction Contract – Page 14

16.1.6 Additional Provisions.

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

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

16.2 Delays by Sureties.

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

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

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

16.3 Damages to City.

16.3.1 For Contractor's Default.

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

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor

Construction Contract – Page 15

until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s 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.

Construction Contract – Page 16

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:

.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.

.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:

(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph

6.6 of this Construction Contract.

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

16.6.2 Subcontractors.

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

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:

(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide

Construction Contract – Page 17

whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

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

17.1.1 For Work Stoppage.

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

17.1.2 For City's Non-Payment.

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

17.2 Damages to Contractor.

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

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take -

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.

Construction Contract – Page 19

SECTION 25 COMPLETE AGREEMENT.

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

SECTION 26 SURVIVAL OF CONTRACT.

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

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

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

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

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

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854

In accordance with State of California Senate Bill No. 854 (SB 854):

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

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

Construction Contract – Page 20

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

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

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

SECTION 31 GOVERNMENTAL POWERS.

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

SECTION 32 SEVERABILITY.

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

SECTION 33 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

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

Exhibit 4 – Statement of Work.

Exhibit 5 – Items of Construction.

Exhibit 6 – Designation of Subcontractor.

Exhibit 7 – Non-Collusion Declaration.

Exhibit 8 – General Conditions.

Exhibit 9 – Special Provisions and/or Technical Specifications.

Exhibit 10 – Payment and Performance Bonds.

Exhibit 11 – Insurance Requirements.

Exhibit 12 – Additional Contract Requirements (if applicable).

Construction Contract – Page 21

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

CITY OF HOLLISTER,
a municipal corporation

By: ____________________________
Roxanne Stephens, Mayor

APPROVED AS TO FORM:

By: __________________________
Mary F. Lerner, Lozano Smith Attorneys at Law

ATTEST:

By: ____________________________
Jennifer Woodworth, MMC, CPMC City Clerk

CONTRACTOR: ESTATE DESIGN AND CONSTRUCTION

__________________________________
By: Benjamin S. Tvizer
Title: CEO

EXHIBIT 1
Notice Inviting Sealed Bids

Notice Inviting Sealed Bids – Page 1

NOTICE INVITING SEALED BIDS
for the
Bathroom Remodel at the Community Center, CIP C2505

The City Council of the City of Hollister invites sealed bids for the Bathroom Remodel at the Community Center, CIP C2505

The work to be performed includes, but is not necessarily limited to, the remodel of existing restrooms, relocation of the janitor’s closet, and replacement of damaged sewer line.

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” will be provided with the bid documents.

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

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

Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classi- fication, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars.

Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

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

Notice Inviting Sealed Bids – Page 2

Said sealed bids shall be submitted to the City of Hollister electronically via Bidnet, on or before May 22, 2025 by 2:00pm PT, 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.

There will not be a Pre-bid conference held for this project. The last date and time to submit questions or requests for information regarding this project is set at 5:00 pm on May 19, 2025. Questions must be received prior to this time and date via Bidnet on the project. All questions received after this date and time will not be answered.

The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at https://hollister.ca.gov/services/bid_opportunities.php . Plan holders must register before they can view or purchase the bid package.

Bid Opening
Date/Time: May 22, 2025 at 2:00pm Pacific Time (US and Canada)

Join Zoom Meeting
https://us02web.zoom.us/j/87248849718?pwd=inAvO5wLtg9mibq6P86UcJhVL9krBd.1

Meeting ID: 872 4884 9718
Passcode: 431282

Dillon Albert Dated: May 2, 2025
City of Hollister Published: May 9, 2025 & May 16, 2025

EXHIBIT 2
Contractor’s Bid

10.4 2,288.00

6.50 1,430.00

5.20 1,144.00

13.00 4,953.00

10.40 3,962.40
650.00 650.00

32.50 19,500.00
1,040.00 4,160.00
422.50 845.00
195.00 390.00
156.00 624.00
136.50 273.00

84.50 338.00
156.00 624.00

70.00 280.00

71.50 286.00

39.00 312.00
260.00 260.00
400.00 800.00
150.00 300.00

97.50 195.00
975.00 975.00
1,800.00 1,800.00

37.00 29,452.00

3.64 3,621.80
845.00 845.00

49.40 18,821.40

13.00 988.00

3.90 721.50

6.50 585.00

3.71 1,411.61

2.99 1,139.19

0.85 321.95

0.62 235.27
4,550.00 4,550.00
3,120.00 31,200.00
2,405.00 9,620.00
1,625.00 6,500.00
1,690.00 1,690.00
3,250.00 3,250.00
1,500.00
260.00 2,600.00

3.90 78.00

4.55 45.50

7.80 858.00

5.20 156.00

3.25 32.50
1,625.00 1,625.00
234.00 234.00
195.00 390.00
156.00 156.00
1,365.00 1,365.00
2,309.16 2,309.16
7,150.00 7,150.00
940.00
3,000.00
1,885.00 9,425.00

278,500.00
Two Hundred Seventy-Eight Thousand Five Hundred Dollars 4,000.00 4,000.00
1,755.00 7,020.00
1,720.00 1,720.00
3,810.00
2,600.00 2,600.00
2,640.00
750.00
1,500.00
450.00
880.00
845.00 3,380.00
1,200.00 2,400.00

16.25 1,462.50
6,200.00 6,200.00

22.00 8,382.00
3,048.00
1,700.00 1,70000

6.00 2,820.00

3.55 4,025.70

6.63 2,526.03
611.00 1,833.00
858.00 1,716.00
494.00 1,976.00
851.24 851.24

6.50 2,476.26
1,040.00 3,120.00
4,000.00 12,000.00

Benjamin S. Tvizer, CEO
Estate Design and Construction

License #: 1075658 / Class A, B and C-36
PW-LR-1001158686
Estate Design and Construction
5601 W Slauson Ave, STE# 186, Culver City, CA 90230 310-810-7319 [email protected]
May 21 25

ADDENDUM NUMBER NO. 1
FOR
Bathroom Remodel at the Community Center
CIP C2505

From: City of Hollister
375 Fifth Street
Hollister, CA 95023

TO: Prospective Bidders

This addendum forms a part of the Contract Documents dated May 2025 as noted herein. The following changes, additions, clarifications or deletions shall be made to the referenced documents as follows. All other conditions shall remain the same.

Each Bidder shall acknowledge receipt of this addendum by completing the acknowledgement at the end of this addendum and by confirming receipt of this addendum on the Contract Bid Form. Failure to do so may subject the bidder to disqualification.

The following changes or clarifications have been made to the Bid Documents:

The Project Labor Agreement / Community Workforce Agreement referenced in the specifications has been included in this addendum.

1. Please see the list of all questions received as of this date/time.

A. Question: What is the engineers estimate?
a. Answer: $309,504.00

B. Question: Can I bid online?
a. Answer: Yes, online bidding via Bidnet is the only option available for submitting bids for this project.

Dillon Albert Date
Assistant Engineer
City of Hollister

Bidder shall sign below acknowledging the receipt of this addendum and submit with bid.

Bidder Signature Date

Company Name and Address
May 15, 2025
5601 W Slauson Ave, STE# 186, Culver City, CA 90230
5/21/2025
Estate Design and Construction
5601 W Slauson Ave, STE# 186, Culver City, CA 90230

Benjamin Tvizer

ADDENDUM NUMBER NO. 2
FOR
Bathroom Remodel at the Community Center
CIP C2505

From: City of Hollister
375 Fifth Street
Hollister, CA 95023

TO: Prospective Bidders

This addendum forms a part of the Contract Documents dated May 2025 as noted herein. The following changes, additions, clarifications or deletions shall be made to the referenced documents as follows. All other conditions shall remain the same.

Each Bidder shall acknowledge receipt of this addendum by completing the acknowledgement at the end of this addendum and by confirming receipt of this addendum on the Contract Bid Form. Failure to do so may subject the bidder to disqualification.

The following changes or clarifications have been made to the Bid Documents:

1. Please see the list of all questions received as of this date/time.

A. Question: What is the approximate height of structure up above walls will be framed up to? Or will walls be built to underside of existing ceiling?

a. Answer: Bathroom perimeter walls (i.e. walls containing Doors ‘100A’, ‘100B’, ‘100C’, and ‘100D’ to be built to the bottom of existing roof structure. Assume that the bottom of the existing roof structure is at approximately sixteen feet (+/- 16’-0”) above finish floor. Remaining new walls may be built to the bottom of ceiling at nine feet (9’-0”) above finish floor.

B. Question: Is there as built for FA and FS? Is there an existing fire Alarm and sprinkler system in the new proposed construction space?

a. Answer: No existing ‘as built’ drawings are available. This is a non-sprinklered structure. However, the existing fire alarm system will need to be extended to provide visual notification (a.k.a. strobe) devices in each single occupant bathroom. The General Contractor shall include this with their bid and provide supporting documentation for fire alarm modifications to the City of Hollister building department as a ‘deferred approval’ submittal item.

Cristian Builes, Associate Engineer Date
City of Hollister

5/21/25

City of Hollister
Addendum No. 2

Bidder shall sign below acknowledging the receipt of this addendum and submit with bid.

Bidder Signature Date

Company Name and Address
Estate Design and Construction5601 W Slauson Ave, STE# 186, Culver City, CA 90230 5/21/2025

Benjamin Tvizer

Bid Package Checklist

The following items must be included with your bid package.

1. □ Bid Proposal

2. □ Designation of Subcontractors

3. □ Last page of any Addenda with bidder’s signature(s)

4. □ Non-collusion Declaration

5. □ Bid Bond

• Please be sure that you include the required subcontractor information and be sure that your subcontractors have a valid contractor’s license and are registered with the DIR at the time of bid.

• Please remember that per Section G8.01 of the General Conditions, The Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price, unless otherwise specified in the Special Provisions.

EXHIBIT 3
Instructions to Bidders

ITB – 1

INSTRUCTIONS TO BIDDERS

A) GENERAL INFORMATION

The City of Hollister, California, will receive sealed bids, via Bidnet until 2:00 pm on May 22, 2025, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “BATHROOM REMODEL FOR THE COMMUNITY CENTER, CIP C2505” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:

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

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” will be provided with the bid documents.

B) PROPOSAL FORMS

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

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

C) BIDDER'S GUARANTY AND RETURN OF GUARANTY

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

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

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

D) CONTRACT BONDS

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

ITB – 2

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 BUILDING STANDARDS CODE”, as issued by the California Building Standards Commission, are hereby incorporated into these specifications.

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I) SUPPLEMENTAL PLANS AND SPECIFICATIONS

A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), 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’ legal name, registration number, license type/number(s), registration date, and expiration date .

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

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

In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.

P) HOURS OF CONSTRUCTION

In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:

• 7:00 A.M. and 6:00 P.M. Monday through Friday
• 8:00 A.M. and 6:00 P.M. Saturday
• Work is prohibited on Sundays and Federal Holidays

EXHIBIT 4
Statement of Work

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STATEMENT OF WORK

A) LOCATION

The work to be performed is located at the Pauline Valdivia Memorial Community Center at 300 West Street in the City of Hollister.

B) DESCRIPTION OF WORK

The work to be performed includes, but is not necessarily limited to, the remodel of existing restrooms, relocation of the janitor’s closet, and replacement of damaged sewer line.

C) CONTRACT DOCUMENTS

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

No hard copy sets will be provided to the Contractor.

D) FIELD MEASUREMENT

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

E) TIME FOR COMPLETION

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

The work shall be diligently prosecuted to completion before the expiration of sixty-two (62) 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 in the latest edition s of the California Building Standards Code, the Standard Specifications for Public Works Construction (Greenbook), and as modified by the City of Hollister Standards Specifications dated November 2019. Any discrepancies will follow the California Building Standards Code. All work is paid for through co rresponding bid items and no additional compensation shall be provided, unless noted otherwise.

1. SAW CUT SLAB ON GRADE FOR NEW WASTE PIPE

Measurement: SAW CUT SLAB ON GRADE FOR NEW WASTE PIPE shall be measured on a linear foot basis.

Payment: Payment for SAW CUT SLAB ON GRADE FOR NEW WASTE PIPE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in SAW CUT SLAB ON GRADE FOR NEW WASTE PIPE at locations as shown on the plans and as directed by the Engineer/Architect.

2. REMOVE SLAB ON GRADE, 12” WIDE

Measurement: REMOVE SLAB ON GRADE, 12” WIDE shall be measured on a square foot basis.

Payment: Payment for REMOVE SLAB ON GRADE, 12” WIDE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE SLAB ON GRADE, 12” WIDE at locations as shown on the plans and as directed by the Engineer/Architect.

3. PATCH SLAB ON GRADE

Measurement: PATCH SLAB ON GRADE shall be measured on a square foot basis.

Payment: Payment for PATCH SLAB ON GRADE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in PATCH SLAB ON GRADE at locations as shown on the plans and as directed by the Engineer/Architect.

4. MISC. ROUGH CARPENTRY

Measurement: MISC. ROUGH CARPENTRY shall be measured on a square foot basis.

Payment: Payment for MISC. ROUGH CARPENTRY shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MISC. ROUGH CARPENTRY at locations as shown on the plans and as directed by the Engineer/Architect.

5. MISC. METALS

Measurement: MISC. METALS shall be measured on a square foot basis.

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

6. ACCESS LADDER

Measurement: ACCESS LADDER shall be measured on an each basis.

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

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

7. NEW INTERIOR PLUMBING PARTITIONS

Measurement: NEW INTERIOR PLUMBING PARTITIONS shall be measured on a square foot basis.

Payment: Payment for NEW INTERIOR PLUMBING PARTITIONS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in NEW INTERIOR PLUMBING PARTITIONS at locations as shown on the plans and as directed by the Engineer/Architect.

8. NEW HM DOOR, FRAME, HARDWARE

Measurement: NEW HM DOOR, FRAME, HARDWARE shall be measured on an each basis.

Payment: Payment for NEW HM DOOR, FRAME, HARDWARE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in NEW HM DOOR, FRAME, HARDWARE at locations as shown on the plans and as directed by the Engineer/Architect.

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

9. SEMI-RECESSED PAPER TOWEL DISPENSER/ WASTE RECEPTACLE

Measurement: SEMI-RECESSED PAPER TOWEL DISPENSER/ WASTE RECEPTACLE shall be measured on an each basis.

Payment: Payment for SEMI-RECESSED PAPER TOWEL DISPENSER/ WASTE RECEPTACLE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in SEMI-RECESSED PAPER TOWEL DISPENSER/ WASTE RECEPTACLE at locations as shown on the plans and as directed by the Engineer/Architect.

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

10. WALL MOUNTED PAPER TOWEL DISPENSER

Measurement: WALL MOUNTED PAPER TOWEL DISPENSER shall be measured on an each basis.

Payment: Payment for WALL MOUNTED PAPER TOWEL DISPENSER shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in WALL MOUNTED PAPER TOWEL DISPENSER at locations as shown on the plans and as directed by the Engineer/Architect.

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

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11. SANITARY NAPKIN DISPOSAL

Measurement: SANITARY NAPKIN DISPOSAL shall be measured on an each basis.

Payment: Payment for SANITARY NAPKIN DISPOSAL shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in SANITARY NAPKIN DISPOSAL at locations as shown on the plans and as directed by the Engineer/Architect.

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

12. SEAT COVER
Measurement: SEAT COVER shall be measured on an each basis.

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

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

13. TOILET TISSUE DISPENSER

Measurement: TOILET TISSUE DISPENSER shall be measured on an each basis.

Payment: Payment for TOILET TISSUE DISPENSER shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in TOILET TISSUE DISPENSER at locations as shown on the plans and as directed by the Engineer/Architect.

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

14. SOAP DISPENSER

Measurement: SOAP DISPENSER shall be measured on an each basis.

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

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

15. GRAB BAR, 42" LONG

Measurement: GRAB BAR, 42” LONG shall be measured on an each basis.

Payment: Payment for GRAB BAR, 42” LONG shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in GRAB BAR, 42” LONG at locations as shown on the plans and as directed by the Engineer/Architect.

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

16. GRAB BAR, 48" LONG

Measurement: GRAB BAR, 48” LONG shall be measured on an each basis.

Payment: Payment for GRAB BAR, 48” LONG shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in GRAB BAR, 48” LONG at locations as shown on the plans and as directed by the Engineer/Architect.

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

17. COAT HOOK

Measurement: COAT HOOK shall be measured on an each basis.

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

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

18. JANITOR SHELF AND MOP RACK

Measurement: JANITOR SHELF AND MOP RACK shall be measured on an each basis.

Payment: Payment for JANITOR SHELF AND MOP RACK shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in JANITOR SHELF AND MOP RACK at locations as shown on the plans and as directed by the Engineer/Architect.

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

19. NEW FRAMELESS MIRRIOR, 5'-0"X3'-2"

Measurement: NEW FRAMELESS MIRRIOR, 5’-0”X3’-2” shall be measured on an each basis.

Payment: Payment for NEW FRAMELESS MIRRIOR, 5’-0”X3’-2” shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in NEW FRAMELESS MIRRIOR, 5’-0”X3’-2” at locations as shown on the plans and as directed by the Engineer/Architect.

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

20. NEW WALL MOUNTED SIGNAGE, RESTROOMS

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Measurement: NEW WALL MOUNTED SIGNAGE, RESTROOMS shall be measured on an each basis.

Payment: Payment for NEW WALL MOUNTED SIGNAGE, RESTROOMS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in NEW WALL MOUNTED SIGNAGE, RESTROOMS at locations as shown on the plans and as directed by the Engineer/Architect.

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

21. NEW DOOR MOUNTED SIGNAGE, RESTROOMS

Measurement: NEW DOOR MOUNTED SIGNAGE, RESTROOMS shall be measured on an each basis.

Payment: Payment for NEW DOOR MOUNTED SIGNAGE, RESTROOMS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in NEW DOOR MOUNTED SIGNAGE, RESTROOMS at locations as shown on the plans and as directed by the Engineer/Architect.

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

22. MISC. METALS

Measurement: MISC. METALS shall be measured on a lump sum basis.

Payment: Payment for MISC. METALS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MISC. METALS as noted on the plans and as directed by the Engineer/Architect.

23. MISC. FINISH CARPENTRY

Measurement: MISC. FINISH CARPENTRY shall be measured on a lump sum basis.

Payment: Payment for MISC. FINISH CARPENTRY shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MISC. FINISH CARPENTRY as noted on the plans and as directed by the Engineer/Architect.

24. (N) WALL TILE WAINSCOT

Measurement: (N) WALL TILE WAINSCOT shall be measured on a square foot basis.

Payment: Payment for (N) WALL TILE WAINSCOT shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in (N) WALL TILE WAINSCOT at locations as shown on the plans and as directed by the Engineer/Architect.

25. PAINT ABOVE WAINSCOT

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Measurement: PAINT ABOVE WAINSCOT shall be measured on a square foot basis.

Payment: Payment for PAINT ABOVE WAINSCOT shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in PAINT ABOVE WAINSCOT at locations as shown on the plans and as directed by the Engineer/Architect.

26. MISCELLANEOUS PAINT - PATCH, PAINT EXISTING AFFECTED BY NEW WORK

Measurement: MISCELLANEOUS PAINT - PATCH, PAINT EXISTING AFFECTED BY NEW WORK shall be measured on a lump sum basis.

Payment: Payment for MISCELLANEOUS PAINT - PATCH, PAINT EXISTING AFFECTED BY NEW WORK shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MISCELLANEOUS PAINT - PATCH, PAINT EXISTING AFFECTED BY NEW WORK as noted on the plans and as directed by the Engineer/Architect .

27. CERAMIC TILE FLOORING

Measurement: CERAMIC TILE FLOORING shall be measured on a square foot basis.

Payment: Payment for CERAMIC TILE FLOORING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in CERAMIC TILE FLOORING at locations as shown on the plans and as directed by the Engineer /Architect.

28. RESILIENT FLOOR

Measurement: RESILIENT FLOOR shall be measured on a square foot basis.

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

29. FLOOR BASE

Measurement: FLOOR BASE shall be measured on a linear foot basis.

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

30. FLOOR CUTTING/ REPAIRS

Measurement: FLOOR CUTTING/REPAIRS shall be measured on a linear foot basis.

Payment: Payment for FLOOR CUTTING/REPAIRS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in FLOOR CUTTING/REPAIRS at locations as shown on the plans and as directed by the Engineer/Architect.

31. PATCH EXISTING GYBOARD CEILING

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Measurement: PATCH EXISTING GYBOARD CEILING shall be measured on a square foot basis.

Payment: Payment for PATCH EXISTING GYBOARD CEILING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in PATCH EXISTING GYBOARD CEILING at locations as shown on the plans and as directed by the Engineer/Architect.

32. PAINT EXISTING GYPSUM BOARD CEILING

Measurement: PAINT EXISTING GYPSUM BOARD CEILING shall be measured on a square foot basis.

Payment: Payment for PAINT EXISTING GYPSUM BOARD CEILING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in PAINT EXISTING GYPSUM BOARD CEILING at locations as shown on the plans and as directed by the Engineer/Architect.

33. TOUCH- UP PAINTING

Measurement: TOUCH-UP PAINTING shall be measured on a square foot basis.

Payment: Payment for TOUCH-UP PAINTING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in TOUCH-UP PAINTING at locations as shown on the plans and as directed by the Engineer/Architect.

34. FINAL CLEAN

Measurement: FINAL CLEAN shall be measured on a square foot basis.

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

35. SITE SAFE-OFF AND DEMOLITION (PLUMBING)

Measurement: SITE SAFE-OFF AND DEMOLITION shall be measured on a lump sum basis.

Payment: Payment for SITE SAFE-OFF AND DEMOLITION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SITE SAFE-OFF AND DEMOLITION as noted on the plans and as directed by the Engineer/Architect.

36. PLUMBING FIXTURES

Measurement: PLUMBING FIXTURES shall be measured on an each basis.

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

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

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37. LAVATORY, L1

Measurement: LAVATORY, L1 shall be measured on an each basis.

Payment: Payment for LAVATORY, L1 shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in LAVATORY, L1 at locations as shown on the plans and as directed by the Engineer/Architect.

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

38. WATER CLOSET, WC1

Measurement: WATER CLOSET, WC1 shall be measured on an each basis.

Payment: Payment for WATER CLOSET, WC1 shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in WATER CLOSET, WC1 at locations as shown on the plans and as directed by the Engineer/Architect.

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

39. MOP SINK, MS1

Measurement: MOP SINK, MS1 shall be measured on an each basis.

Payment: Payment for MOP SINK, MS1 shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in MOP SINK, MS1 at locations as shown on the plans and as directed by the Engineer/Architect.

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

40. DRINKING FOUNTAIN, DF1

Measurement: DRINKING FOUNTAIN, DF1 shall be measured on an each basis.

Payment: Payment for DRINKING FOUNTAIN, DF1 shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in DRINKING FOUNTAIN, DF1 at locations as shown on the plans and as directed by the Engineer/Architect.

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

41. PLUMBING EQUIPMENT

Measurement: PLUMBING EQUIPMENT shall be measured on a lump sum basis.

Payment: Payment for PLUMBING EQUIPMENT shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in PLUMBING

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EQUIPMENT as noted on the plans and as directed by the Engineer/Architect.

42. FIXTURE WALL ROUGH-IN

Measurement: FIXTURE WALL ROUGH-IN shall be measured on an each basis.

Payment: Payment for FIXTURE WALL ROUGH-IN shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in FIXTURE WALL ROUGH-IN at locations as shown on the plans and as directed by the Engineer/Architect.

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

43. DOMESTIC COLD WATER

Measurement: DOMESTIC COLD WATER shall be measured on a linear foot basis.

Payment: Payment for DOMESTIC COLD WATER shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in DOMESTIC COLD WATER at locations as shown on the plans and as directed by the Engineer/Architect.

44. DOMESTIC HOT WATER

Measurement: DOMESTIC HOT WATER shall be measured on a linear foot basis.

Payment: Payment for DOMESTIC HOT WATER shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in DOMESTIC HOT WATER at locations as shown on the plans and as directed by the Engineer/Architect.

45. SANITARY WASTE

Measurement: SANITARY WASTE shall be measured on a linear foot basis.

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

46. SANITARY VENT

Measurement: SANITARY VENT shall be measured on a linear foot basis.

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

47. INSULATION

Measurement: INSULATION shall be measured on a linear foot basis.

Payment: Payment for INSULATION shall include full compensation for providing all labor, materials,

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tools, equipment, and incidentals, and for doing all the work involved in INSULATION at locations as shown on the plans and as directed by the Engineer/Architect.

48. VALVES AND SPECIALTIES

Measurement: VALVES AND SPECIALTIES shall be measured on a lump sum basis.

Payment: Payment for VALVES AND SPECIALTIES shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in VALVES AND SPECIALTIES as noted on the plans and as directed by the Engineer/Architect.

49. FLOOR DRAIN

Measurement: FLOOR DRAIN shall be measured on an each basis.

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

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

50. FLOOR CLEANOUT

Measurement: FLOOR CLEANOUT shall be measured on an each basis.

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

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

51. GRADE CLEANOUT

Measurement: GRADE CLEANOUT shall be measured on an each basis.

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

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

52. CONNECT INTO EXISTING

Measurement: CONNECT INTO EXISTING shall be measured on a lump sum basis.

Payment: Payment for CONNECT INTO EXISTING shall include full compensation for providing all

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labor, materials, tools, equipment and incidentals, and for doing all the work involved in CONNECT INTO EXISTING as noted on the plans and as directed by the Engineer/Architect.

53. MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING, DOCUMENTATION,

COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND

REQUIREMENTS (PLUMBING)

Measurement: MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING,

DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS shall be measured on a lump sum basis.

Payment: Payment for MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING,

DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MISCELLANEOUS REQUIREMENTS,

SUPERVISION, TESTING, DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS as noted on the plans and as directed by the Engineer/Architect.

54. SITE SAFE-OFF AND DEMOLITION (HVAC)

Measurement: SITE SAFE-OFF AND DEMOLITION shall be measured on a lump sum basis.

Payment: Payment for SITE SAFE-OFF AND DEMOLITION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SITE SAFE-OFF AND DEMOLITION as noted on the plans and as directed by the Engineer/Architect.

55. EXHAUST FAN

Measurement: EXHAUST FAN shall be measured on an each basis.

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

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

56. DRY DISTRIBUTION

Measurement: DRY DISTRIBUTION shall be measured on a pounds basis.

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

57. DIFFUSERS, GRILLES, REGISTERS

Measurement: DIFFUSERS, GRILLES, REGISTERS shall be measured on an each basis.

Payment: Payment for DIFFUSERS, GRILLES, REGISTERS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in

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DIFFUSERS, GRILLES, REGISTERS at locations as shown on the plans and as directed by the Engineer/Architect.

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

58. CONTROLS AND INSTRUMENTATION

Measurement: CONTROLS AND INSTRUMENTATION shall be measured on an each basis.

Payment: Payment for CONTROLS AND INSTRUMENTATION shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in CONTROLS AND INSTRUMENTATION at locations as shown on the plans and as directed by the Engineer/Architect.

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

59. TESTING AND BALANCING

Measurement: TESTING AND BALANCING shall be measured on an hourly basis.

Payment: Payment for TESTING AND BALANCING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in TESTING AND BALANCING at locations as shown on the plans and as directed by the Engineer/Architect.

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

60. MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING, DOCUMENTATION,

COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND

REQUIREMENTS (HVAC)

Measurement: MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING,

DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS shall be measured on a lump sum basis.

Payment: Payment for MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING,

DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MISCELLANEOUS REQUIREMENTS,

SUPERVISION, TESTING, DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS as noted on the plans and as directed by the Engineer/Architect.

61. FIRE PROTECTION REWORKS, ALLOWANCE

Measurement: FIRE PROTECTION REWORKS, ALLOWANCE shall be measured on a square foot basis.

Payment: Payment for FIRE PROTECTION REWORKS, ALLOWANCE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the

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work involved in FIRE PROTECTION REWORKS, ALLOWANCE at locations as shown on the plans and as directed by the Engineer/Architect.

62. SITE SAFE-OFF AND DEMOLITION (ELECTRICAL)

Measurement: SITE SAFE-OFF AND DEMOLITION shall be measured on a lump sum basis.

Payment: Payment for SITE SAFE-OFF AND DEMOLITION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SITE SAFE-OFF AND DEMOLITION as noted on the plans and as directed by the Engineer/Architect.

63. SERVICE & DISTRIBUTION

Measurement: SERVICE & DISTRIBUTION shall be measured on a lump sum basis.

Payment: Payment for SERVICE & DISTRIBUTION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SERVICE & DISTRIBUTION as noted on the plans and as directed by the Engineer/Architect .

64. EXHAUST FAN POWER CONNECTION

Measurement: EXHAUST FAN POWER CONNECTION shall be measured on an each basis.

Payment: Payment for EXHAUST FAN POWER CONNECTION shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in EXHAUST FAN POWER CONNECTION at locations as shown on the plans and as directed by the Engineer/Architect.

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

65. HAND DRYER POWER CONNECTION, ALLOWANCE

Measurement: HAND DRYER POWER CONNECTION, ALLOWANCE shall be measured on a lump sum basis.

Payment: Payment for HAND DRYER POWER CONNECTION, ALLOWANCE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in HAND DRYER POWER CONNECTION, ALLOWANCE as noted on the plans and as directed by the Engineer/Architect.

66. DUPLEX RECEPTACLE, GFI

Measurement: DUPLEX RECEPTACLE, GFI shall be measured on an each basis.

Payment: Payment for DUPLEX RECEPTACLE, GFI shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in DUPLEX RECEPTACLE, GFI at locations as shown on the plans and as directed by the Engineer/Architect.

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

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67. CONDUIT WIRING

Measurement: CONDUIT WIRING shall be measured on a linear foot basis.

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

68. RELOCATE 1’X4’ LIGHT FIXTURE

Measurement: RELOCATE 1’X4’ LIGHT FIXTURE shall be measured on an each basis.

Payment: Payment for RELOCATE 1’X4’ LIGHT FIXTURE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in RELOCATE 1’X4’ LIGHT FIXTURE at locations as shown on the plans and as directed by the Engineer/Architect.

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

69. RELOCATE VANITY LIGHT FIXTURE

Measurement: RELOCATE VANITY LIGHT FIXTURE shall be measured on an each basis.

Payment: Payment for RELOCATE VANITY LIGHT FIXTURE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in RELOCATE VANITY LIGHT FIXTURE at locations as shown on the plans and as directed by the Engineer/Architect.

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

70. CONDUIT AND WIRING

Measurement: CONDUIT AND WIRING shall be measured on a linear foot basis.

Payment: Payment for CONDUIT AND WIRING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in CONDUIT AND WIRING at locations as shown on the plans and as directed by the Engineer/Architect.

71. CONTROL WIRING, DEVICES, SETUP

Measurement: CONTROL WIRING, DEVICES, SETUP shall be measured on a lump sum basis.

Payment: Payment for CONTROL WIRING, DEVICES, SETUP shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CONTROL WIRING, DEVICES, SETUP as noted on the plans and as directed by the Engineer/Architect.

72. LIGHTING AND CONTROLS

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Measurement: LIGHTING AND CONTROLS shall be measured on a square foot basis.

Payment: Payment for LIGHTING AND CONTROLS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in LIGHTING AND CONTROLS at locations as shown on the plans and as directed by the Engineer/Architect.

73. FIRE ALARM

Measurement: FIRE ALARM shall be measured on a square foot basis.

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

74. MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING, DOCUMENTATION,

COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND

REQUIREMENTS (ELECTRICAL)

Measurement: MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING,

DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS shall be measured on a lump sum basis.

Payment: Payment for MISCELLANEOUS REQUIREMENTS, SUPERVISION, TESTING,

DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MISCELLANEOUS REQUIREMENTS,

SUPERVISION, TESTING, DOCUMENTATION, COORDINATION, COMMISSIONING ASSIST, GENERAL CONDITIONS AND REQUIREMENTS as noted on the plans and as directed by the Engineer/Architect.

75. REMOVE EXISTING NON-BEARING DRYWALL PARTITION, INCL. FINISHING

Measurement: REMOVE EXISTING NON-BEARING DRYWALL PARTITION, INCL.

FINISHING shall be measured on a square foot basis.

Payment: Payment for REMOVE EXISTING NON-BEARING DRYWALL PARTITION, INCL.

FINISHING shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE EXISTING NON-BEARING DRYWALL PARTITION, INCL. FINISHING at locations as shown on the plans and as directed by the Engineer/Architect.

76. DEMO WALL TILES

Measurement: DEMO WALL TILES shall be measured on a square foot basis.

Payment: Payment for DEMO WALL TILES shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in DEMO WALL TILES at locations as shown on the plans and as directed by the Engineer/Architect.

77. REMOVE EXISTING FLOOR TILES, BASE

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Measurement: REMOVE EXISTING FLOOR TILES, BASE shall be measured on a square foot basis.

Payment: Payment for REMOVE EXISTING FLOOR TILES, BASE shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE EXISTING FLOOR TILES, BASE at locations as shown on the plans and as directed by the Engineer/Architect.

78. REMOVE DOOR, FRAME

Measurement: REMOVE DOOR, FRAME shall be measured on an each basis.

Payment: Payment for REMOVE DOOR, FRAME shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE DOOR, FRAME at locations as shown on the plans and as directed by the Engineer/Architect.

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

79. REMOVE TOILET PARTITION, ADA

Measurement: REMOVE TOILET PARTITION, ADA shall be measured on an each basis.

Payment: Payment for REMOVE TOILET PARTITION, ADA shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE TOILET PARTITION, ADA at locations as shown on the plans and as directed by the Engineer/Architect.

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

80. REMOVE TOILET PARTITION, REGULAR

Measurement: REMOVE TOILET PARTITION, REGULAR shall be measured on an each basis.

Payment: Payment for REMOVE TOILET PARTITION, REGULAR shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE TOILET PARTITION, REGULAR at locations as shown on the plans and as directed by the Engineer/Architect.

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

81. REMOVE TOILET ACCESSORIES

Measurement: REMOVE TOILET ACCESSORIES shall be measured on a lump sum basis.

Payment: Payment for REMOVE TOILET ACCESSORIES shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in REMOVE TOILET ACCESSORIES as noted on the plans and as directed by the Engineer/Architect.

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82. MISCELLANEOUS DEMO

Measurement: MISCELLANEOUS DEMO shall be measured on a square foot basis.

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

83. PROTECTION TO EXISTING AND PARTITION BARRIERS

Measurement: PROTECTION TO EXISTING AND PARTITION BARRIERS shall be measured on a per month basis.

Payment: Payment for PROTECTION TO EXISTING AND PARTITION BARRIERS shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in PROTECTION TO EXISTING AND PARTITION BARRIERS at locations as shown on the plans and as directed by the Engineer/Architect.

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

84. TEMPORARY ADA ACCESSIBLE RESTROOM FACILITIES FOR STAFF

Measurement: TEMPORARY ADA ACCESSIBLE RESTROOM FACILITIES FOR STAFF shall be measured on an each basis.

Payment: Payment for TEMPORARY ADA ACCESSIBLE RESTROOM FACILITIES FOR STAFF shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in TEMPORARY ADA ACCESSIBLE RESTROOM FACILITIES FOR STAFF at locations as shown on the plans and as directed by the Engineer/Architect , including furnishing, setup, security, and weekly maintenance for the duration of time that the building restroom facilities are inoperable to occupants.

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

EXHIBIT 6
Designation of Subcontractors

N/A

EXHIBIT 7
Non-Collusion Declaration

CEO Estate Design and Construction
Estate Design and Construction
Benjamin S. Tvizer
21 May 2025 Culver CityCA

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.

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

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

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

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

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

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

G2.08 LIST OF SUBCONTRACTORS. The bidder shall submit with its Proposal, on the List of Subcontractors provided, the names and business addresses of each subcontractor who will perform work under this Contract in excess of 1/2 of 1 percent of the amount of the total Proposal, and

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shall list the portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself.

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

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

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

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

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

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

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

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

G2.13 REJECTION OF PROPOSALS. Proposals may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the Proposals incomplete, indefinite or ambiguous; obviously unbalanced

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prices; no acceptable Bid Security; or if the Proposal is not properly executed.

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

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

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

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

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

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

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

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City fails to recover a judgment, the bidder shall pay all costs incurred by the City in the suit, including reasonable attorneys' fees to be fixed by the court.

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

a. A mistake was made;

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

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

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

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

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

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

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

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

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SECTION 3

AWARD AND EXECUTION OF CONTRACT

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

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

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

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

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

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

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LLC, the contract must be executed by an officer or member who has full and proper authorization to bind the LLC.

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

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

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

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

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

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

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

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SECTION 4

SCOPE OF WORK

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

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

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

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

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

G4.03 DIFFERING SITE CONDITIONS. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:
(1) material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II

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or class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

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

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

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

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

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

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

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

G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK. City may request Contractor to provide quotations for performing proposed changes to the work. Such requests for

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quotations shall not be considered authorization to proceed with the change prior to issuance of an approved Contract Change Order, nor shall such request justify any delay in executing existing work.

Contractor shall, upon such a request, provide quotations for increases or decreases in the Contract Price and the Contract time associated with performing the proposed change within the timeframe specified by the Engineer. Quotations shall be in the form specified by the Engineer and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs, including labor, materials, rentals, services, overhead and profit. The cost of preparing such quotations is included in the Contract price and Contractor shall not be entitled to any additional compensation for preparing them. Failure of the Contractor to submit a quotation in the timeframe or form specified by the Engineer shall limit the effect of any protest to an Approved Change Order as set forth in Section G4.09.

G4.06 PROPOSED CONTRACT CHANGE ORDER. A Contract Change Order may be presented to the Contractor for its consideration prior to its having been approved. If the Contractor accepts the terms and conditions of such proposed Contract Change Order, and if the Contract Change Order is then approved and issued to the Contractor, the Contract Change Order shall be considered to be an executed Contract Change Order for all purposes to the same extent as if the Contract Change Order had been initially issued to the Contractor as an approved Contract Change Order. The City need not present a proposed Contract Change Order to the Contractor for its review prior to issuing it as an approved Contract Change Order.

G4.07 EXECUTED CONTRACT CHANGE ORDER. An approved Contract Change Order which has been signed by the Contractor is an "executed Contract Change Order." Compensation paid pursuant to Contract Change Orders shall comprise the total compensation for the work described in the Contract Change Order. By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the work or change, including but not limited to payment for interruption of schedules, extended overhead, home office overhead, delay or any other "impact" claim or "ripple effect" claim. By signing the Contract Change Order, the Contractor also specifically waives any reservation or claim for additional compensation or Contract time in respect to the Contract Change Order.

G4.08 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract price, the increased payment to Contractor, or the deduction to the credit of the City, shall be determined by one of the following methods, or a combination of these methods, as determined by the City and at its sole option:

A. Unit Prices. The unit prices set forth in the Proposal may be used where they are applicable. If the Contract Change Order increases or decreases the quantity of an item of work by more than twenty-five percent (25%), such that the application of unit prices in the Proposal will cause substantial inequity to the City or Contractor, unit prices will be adjusted by mutual agreement or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09.

Payment for any contract item of work which has a final total value of less than five percent of the total contract bid price will be made at the contract unit price regardless of increased or decreased quantities, if such unit price is to be used.

B. Lump Sum. A total lump sum addition or deduction from the Contract Price.

Lump sum quotations for changes to the work shall include substantiating documentation with an

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itemized breakdown of Contractor and Subcontractor costs, including labor, materials, equipment rental, approved services, overhead and profit, all as negotiated. The costs of a negotiated change order for work performed by Contractor's own forces shall be limited to a maximum markup of fifteen percent (15%) to include up to ten percent (10%) for overhead and up to five percent (5%) for profit.

These percentages shall apply to subcontractor work also. Markups for items such as fringe benefits, liability insurance, social security and unemployment insurance, where proper and appropriate, shall be determined on the basis of actual costs as documented and supported by the contractor and subject to the approval of the Engineer. Where the whole or a part of the work under a negotiated change order is performed by a first tier subcontractor, the City shall limit the Contractor's markup on the direct costs of the subcontractor to a total of not more than eight percent (8%) to include up to five percent (5%) for overhead and three percent (3%) for profit. No markup will be considered or allowed for costs of a negotiated change order involving subcontractors below the first tier. The overhead markup percentages referenced above shall cover all overhead costs of the Contractor, including administrative, field office, home office, extended overhead and similar costs and expenses.

C. Force Account Payment. Payment for the work may be made on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment and other items of cost as required to do the work.

If compensation for work done under a Contract Change Order is to be made on a force account basis, the compensation will be calculated as set forth in Section G9.03, "Force Account Payment." Contractor agrees that the markups provided in Section G9.03 are adequate.

In any case in which the method of payment cannot be agreed upon prior to the beginning of the work, the City may direct that the work be done on a unit price, lump sum or force account basis depending on the nature of the work and at the sole discretion of the City.

G4.09 PROTEST PROCEDURE. If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved Contract Change Order. The protest shall state the points of disagreement, Contract Document references, quantities and costs involved, contract time impacts and shall propose a modification of the items with which he does not agree. Such protest shall not be considered complete or acceptable unless and until the quotation requested pursuant to Section G4.05 has been received by the Engineer in satisfactory form. If a written protest is not submitted within this 15-day period, payment will be made as set forth in the approved Contract Change Order without right of further protest. Approved Contract Change Orders which are not protested within 15 days or protests not supported by the requested quotation in satisfactory form within fifteen (15) days of request will be considered as executed Contract Change Orders and such payment will constitute full compensation for all work included therein or required thereby and so will any changes in contract time or completion date.

When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of such work and shall permit the City and the Engineer to have access to all records relating to the protested Contract Change Order to determine the compensation payable. The Contractor shall cooperate with the Engineer to reach agreement at the earliest practical date on the terms of compensation for the Contract Change Order. When agreement has been reached, a revised Contract Change Order may be approved by the City and issued to the Contractor for signature. Unless and until the City and Contractor agree upon other terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.

When the protest of an approved Contract Change Order relates to the adjustment of Contract Time

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for the completion of the work, the time will be determined in accordance with the provisions of Section G8.11.

G4.10 CONTINUANCE OF CONSTRUCTION. Disagreement by the Contractor with the City's determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved Contract Change Order (or disagreement by the Contractor with the City's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently perform the work, including the change, as described in the approved Contract Change Order.

G4.11 FIELD CHANGES. Conditions may arise during the prosecution of the work on construction necessitating minor variations in the contract plans and/or specification. In order to address these conditions, the City may without notice to the sureties and without invalidating the contract, make minor alterations, deviations or changes to the Contract, including the plans or specifications, without affecting any of the material or basic terms of the contract, including the contract price, schedule for performance, the basic design, or other terms. Such minor alterations, deviations or changes shall be documented in a Field Change on a form provided by the City and executed by the Engineer and the Contractor. By execution of the Field Change, Contractor agrees to make the specified change at no additional cost and without an alteration in the schedule of performance or other terms and conditions of the Contract.

G4.12 DETOURS. When required by the Special Provisions, Technical Specifications, or shown on the Contract Plans, or required by responsible public agencies, the Contractor shall construct, maintain and remove detours for the use of public pedestrian and vehicular traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions or Technical Specifications.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public pedestrian and vehicular traffic.

G4.13 ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. Contractor shall acquire no interest in any such discoveries unless granted by the City in its sole discretion.

G4.14 PRESERVATION AND CLEANING. The Contractor shall clean up the work at frequent intervals and at other times when directed by the Engineer to maintain the job site in a clean and sanitary condition. While finish work is being accomplished, floors shall be kept clean, free of dust, construction debris and trash.

Before final inspection of the work, the Contractor shall clean the project site, material sites, surrounding roadways and all ground occupied by him in connection with the work, of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Final cleaning shall include washing, dusting and sweeping, as applicable, of exposed architectural finish surfaces. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and the Contractor will not receive a separate payment for final cleaning.

G4.15 GUARANTY OF WORK. Notwithstanding inspections and acceptance by the City of

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work furnished under this Contract, the Contractor warrants to the City that all materials and equipment furnished under the Contract, including that provided pursuant to Change Orders, will be of good quality and new, that the work will be free from defects in material or workmanship, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD. If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents, specifically including Section G4.15 ("Guaranty of Work"), the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in an emergency when delay could cause risk of damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and its surety. If the amount of the performance bond is insufficient to cover the cost of such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Non- conforming work, which is remedied under this Section, shall be subject to an extended warranty obligation, identical in terms to that provided by Section G4.15 and this Section for a period of two years after the non-conforming work has been remedied.

The City's records setting forth the fair and reasonable cost of repairing, replacing or restoring the damage or defects when performed by any party other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.

Nothing contained in this Section G4.16 shall be construed to establish a period of limitation with respect to other obligations which the Contractor may have under the Contract Documents.

Establishment of the period of two years as described in this Section relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the work.

G4.17 VALUE ENGINEERING. The Contractor may submit to the Engineer, in writing, value engineering proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The value engineering proposal shall not impair, in any manner, the essential functions or characteristics of the project, including, but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.

Value engineering proposals shall contain the following information:

(1) Description of the existing contract requirements, which are involved in the value engineering proposal.

(2) Description and justification of the proposal.

(3) An itemization of the contract requirements that must be changed if the

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proposal is adopted.

(4) A detailed estimate of the cost of performing the work under the existing contract and under the proposed change.

(5) A detailed estimate of additional costs to the Project attributable to the proposal on the construction, operation, and maintenance of the project.

(6) A statement of the time within which the Engineer must make a decision thereon.

(7) The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this Section shall not be construed to require the Engineer to consider any value engineering proposal which may be submitted.

The City will not be liable to the Contractor for failure to accept or act upon any value engineering proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. If a value engineering proposal is similar to a change in the plans or specifications, under consideration by the City for the Project, at the time said proposal is submitted or if such proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the Contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this Section. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until an executed change order, incorporating the value engineering proposal has been issued. If any executed change order has not been issued by the date upon which the Contractor's value engineering proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such value engineering proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a value engineering proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.

The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a value engineering proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed the Contractor shall indicate its acceptance in writing, and such acceptance shall constitute full authority for the City to deduct amount payable to the City from any monies due or that may become due to the Contractor under the Contract.

If the Contractor's value engineering proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this Section.

Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering proposal or such parts of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the value engineering proposal effectuated by the change order and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost

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of preparing the value engineering proposal and the City's costs of investigating a value engineering proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The cost to the City for any required redesign associated with a value engineering proposal will be taken into account and added in determining the value of such proposal.

Acceptance of the value engineering proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the proposal.

The amount specified to be paid to the Contractor in the change order, which effectuates a value engineering proposal shall constitute full compensation to the Contractor for the proposal and the performance of the work thereof pursuant to the said change order.

The City expressly reserves the right to adopt a value engineering proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted value engineering proposal is adopted for general use, only the contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to him prior to submission of the accepted value engineering proposal and as to which such value engineering proposal is also submitted and accepted. Value engineering proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section if the identical or similar previously submitted proposals were adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted value engineering proposal without obligation or compensation of any kind to the Contractor.

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SECTION 5

CONTROL OF WORK

G5.01 AUTHORITY OF ENGINEER. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation and contract time. The Engineer will have authority to reject work which does not conform to the Contract Documents. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

G5.02 CONTRACT DRAWINGS. The Contract Drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.

Upon written request, the City will furnish to the Contractor for its use, at no expense to the Contractor, five (5) copies of all Contract Documents, including the Contract Drawings unless otherwise specified in the Special Provisions. Additional copies may be obtained at cost.

G5.03 SHOP DRAWINGS. The Contract Drawings shall be supplemented by shop drawings furnished by the Contractor. Shop drawings shall have been approved by the Engineer before any work involving such drawings is performed. No change shall be made by the Contractor in any shop drawing after it has been approved by the Engineer.

Shop drawing submittals shall contain adequate information to permit the Engineer to evaluate each submission for conformance with the Contract Documents. Each submittal shall be complete; partial submittals will not be reviewed. All drawings shall include a graphical scale and indicate the amount of reduction used, if any. The quality of lettering and draftsmanship shall be such as to insure easily read reproductions by microfilming process.

Each shop drawing submitted by the Contractor (including any provided by suppliers and/or subcontractors) shall bear the approval stamp of the Contractor, and shall be clearly and conspicuously marked to indicate any deviation in the shop drawing from the requirements of the Contract Documents. By approving and submitting shop drawings, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing with the requirements of the work and the Contract Documents. Where applicable, shop drawings will be certified for construction by the manufacturer. City review of any shop drawing shall not constitute a change to the Contract. Contract changes can be effected through Change Orders only.

Each submittal shall be accompanied by a transmittal letter in the form specified by the Engineer from the Contractor stating the name of the material or equipment items as shown on the Contract Documents, a specification reference consisting of a section number, and any proposed deviations from the Contract Documents requested or shown on the submittal.

Review of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Review and approval of the Contractor's shop drawings shall not relieve Contractor of any of its responsibility for the

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successful completion of the work in conformity with the requirements of the Contract Documents.

The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions which shall be conformed and correlated at the job site, fabrication processes and techniques of construction, coordination of work with that of all others, and satisfactory performance of all work. Approval of shop drawings shall not waive any requirement of the Contract Documents and defective work may be rejected notwithstanding such approval.

It is the Contractor's responsibility to submit shop drawings and other submittals so as to allow sufficient time for review, for securing necessary approvals, and for possible revisions and resubmittal. Minimum review time by the Engineer shall be thirty (30) calendar days; complex submittals may require up to forty-five (45) days. Review time periods shall not begin until a complete submittal with Contractor's approval stamp is received with properly completed transmittal documentation. Incomplete, unstamped or otherwise improper submittals may be rejected without further comment for correction and proper submittal. The Contractor shall schedule its shop drawing submittals so that this anticipated shop drawing review time does not delay its work.

City will make its best efforts to review submittals within the time period scheduled by the Contractor, provided it is consistent with the minimum time period specified in the preceding paragraph, but the City's inability to do so shall not automatically entitle the Contractor to additional time to complete the Contract. If the Engineer fails to complete its review of shop drawing submittals within a reasonable time (not to be less than the time period specified in this section), and if the Contractor's controlling operation is delayed by reason of the delay in review, an extension of time commensurate with the delay in completion of the work thus caused will be granted pursuant to Section G8.11, but no additional compensation will be allowed for such delay.

Shop drawings reviewed by the Engineer will be returned to the Contractor. The Engineer's action on each submittal will consist of one of the following: "No Exceptions Taken," "Exceptions Taken as Noted," "Revise and Resubmit" or "Rejected" unless otherwise specified in the Special Provisions are/or transmittal forms to be used. When shop drawings are required to be resubmitted, the revisions are to be clearly defined on the revised drawings. Resubmittals will be reviewed in accordance with the provisions applicable to initial submittals and the time period for the Engineer's review shall be equal to that for initial submittals.

Submittal and processing of shop drawings shall conform to the requirements of the Special Provisions and Technical Specifications.

Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor.

When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in strict accordance therewith. Any further changes will require a resubmittal of the drawings.

G5.04 CONFORMITY WITH CONTRACT DOCUMENTS. Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Contract Drawings or indicated in the Specifications. Although measurement, sampling and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Drawings and Specifications, and its decision as to any allowable deviations therefrom shall be final.