the loss shall be borne by each Party in proportion to its negligence. For the purposes of this article (i) “Third party” shall not include Buyer or any subsequent owner of the Equipment, their subsidiaries, parents, affiliates, agents, successors or assigns including any operation or maintenance contractor, or their insurer; and (ii) no portion of the Equipment is “third party property”.
8. Compliance with Laws and Permits. All permits, authorizations, and licenses which are required to construct, install and/or operate Buyer’s facility or equipment, to use the Equipment, or to manage and dispose of any wastes, discharges, and residues resulting from Buyer ’s use of the Equipment, shall be obtained and maintained by Buyer at Buyer’s sole expense. Buyer is responsible for compliance with all laws and regulations applicable to the storage, use, handling, installation, maintenance, removal, registration, and labeling of all Equipment after delivery of the Equipment, as well as for the proper management and disposal of all wastes, discharges, and residues.
9. Buyer ’s Site Conditions. Buyer warrants that any data furnished to the Seller concerning conditions at Buyer’s site (including but not limited to any existing Buyer facility, equipment or processes, influent water or other substances to be treated or measured with the Equipment) is accurate and complete, and the Seller reserves the right to utilize the most appropriate design compatible with generally accepted engineering practices, and to make changes in details of design, manufacture and arrangement of Equipment unless precluded by any limitations specified in this Agreement. Seller shall notify Buyer of (1) any conditions at Buyer ’s site which materially differ from those indicated in the data furnished by Buyer, (2) any previously unknown physical conditions at Buyer’s site of an unusual nature, not revealed by previous investigations and differing from those ordinarily encountered in the type of work provided for in this Agreement, and (3) the presence of any Hazardous Materials (as defined below), the existence of a contaminated soil, unexploded ordinance, or archaeological remains. If such conditions cause an increase in Seller's cost or in the time required for the performance of Seller ’s obligations, Seller shall be entitled to an equitable adjustment in the Agreement price and an extension in the time for performance.
10. Hazardous Materials and Wastes. In the event that Seller encounters any Hazardous Materials (meaning toxic substances, hazardous substances, pollutants, contaminants, regulated wastes, or hazardous wastes as such terms may be defined or classified in any law, statute, directive, ordinance or regulations promulgated by any applicable governmental entity) at Buyer ’s site, other than Hazardous Materials introduced by Seller or that are otherwise the express responsibility of Seller under this Agreement, Buyer shall immediately take whatever precautions are required to legally eliminate such Hazardous Materials so that the Seller’s work under this Agreement may safely proceed. At no time shall Seller be deemed to have taken title to or the responsibility for the management or disposal of any wastes, Hazardous Materials, influent water, any resultant product streams, wastewater streams, discharges, cleaning materials, or any other materials or substances processed by the Equipment or otherwise located at Buyer ’s site. Seller does not take responsibility for and hereby expressly disclaims responsibility for the characterization or disposal of wastes, Hazardous Materials, or for the identification, selection, or management of disposal facilities for any wastes.
11. Excusable Delays. Seller shall not be liable nor in breach or default of its obligations under this Agreement to the extent performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond the reasonable control of Seller, including, but not limited to: acts of God, natural disasters, unusually severe weather, fire, terrorism, war (declared or undeclared) epidemics, material shortages, insurrection, act (or omissions) of Buyer or Buyer’s contractors/suppliers or agents, any act (or omission) by any governmental authority, strikes, labor disputes, transportation shortages, or vendor non-performance. The delivery or performance date shall be extended for a period equal to the time lost by reason of delay or non-performance, plus such additional time as may be necessary to overcome the effect of the delay or non-performance. If delivery or performance is delayed for a period exceeding 180 (one hundred and eighty) days, either Party may terminate this Agreement without further liability provided that Seller shall be paid an amount equal to that which would be payable to Seller under the article entitled “Termination”. If Seller is delayed by any acts (or omissions) of Buyer, or by the prerequisite work of Buyer ’s other contractors or suppliers, Seller shall be entitled to an equitable adjustment in schedule, price and/or performance, as applicable.
12. Emergencies. If the safety of Seller’s personnel is threatened or likely to be threatened by circumstances outside the reasonable control of Seller, including but not limited to war, armed conflict, civil unrest, riots, terrorism, kidnapping, presence of or exposure to hazardous materials, unsafe working conditions, or by the threat of such circumstances or a lack of adequate protections against such circumstances, Seller shall be entitled to take all necessary steps to ensure the security and safety of its personnel including the evacuation of personnel until such Veolia Confidential and Proprietary Information
Membrane Replacement Proposal for the Hollister Water Reclamation Plant (WRF) Proposal number 672934 – revision 1 - February 24, 2026 Page 22 of 26
Docusign Envelope ID: C8777ACB-3A0E-4889-A823-FAF5E36977A2
circumstances no longer apply. Any such occurrence shall be considered an excusable delay event. Buyer shall reasonably assist in the event of any such evacuation.
13. Confidentiality, Intellectual Property. Both Parties agree to keep confidential the other Party’s proprietary non-public information, if any, which may be acquired in connection with this Agreement. Buyer will not, without Seller’s advance written consent, subject Equipment to testing, analysis, or any type of reverse engineering. Seller retains all intellectual property rights including copyright which it has in all drawings and data or other deliverables (including the Equipment) supplied or developed under this Agreement. Buyer agrees that it will not file patent applications on the Equipment or any development or enhancement of the Equipment, or of processes and methods of using the Equipment, without Seller ’s express prior written permission. Buyer further agrees that in any event any such patents will not be asserted against Seller or its other buyers based upon purchase and use of such Equipment. Seller grants to Buyer a non-exclusive, non-terminable, royalty free license to use the intellectual property embedded in Equipment delivered to and paid for by the Buyer, as well as any drawings, design or data delivered to and paid for by the Buyer, for the purposes of owning, financing, using, operating and maintaining the relevant Equipment at Buyer’s site. Such license may only be assigned to a subsequent owner of the Equipment or to an operations and maintenance subcontractor. Such license does not extend to the re-creation of the Equipment or the manufacture of spares or consumables by Buyer or third parties.
Any software Seller owns and provides pursuant to this Agreement shall remain Seller’s property. Seller provides to Buyer a limited, non-exclusive and terminable royalty free project-specific license to such software for the use, operation or maintenance at Buyer’s site of any Equipment purchased hereunder to which the software is a necessary component. Buyer agrees not to copy, sub-license, translate, transfer, reverse engineer, or decode the software.
Seller shall indemnify and hold harmless Buyer from any rightful claim of any third party that any Equipment or Service infringe a patent in effect in the USA, or country of delivery (provided there is a corresponding patent issued by the USA), or USA copyright or copyright registered in the country of delivery. If the Buyer notifies the Seller promptly of the receipt of any such claim, does not take any position adverse to the Seller regarding such claim and gives the Seller information, assistance and exclusive authority to settle and defend the claim, the Seller shall, at its own expense and choice, either (i) settle or defend the claim and pay all damages and costs awarded in it against the Buyer, or (ii) procure for the Buyer the right to continue using the Equipment or Service, or (iii) modify or replace the Equipment or Service so that it becomes non-infringing, or (iv) remove the infringing Equipment and refund the price. The above paragraph shall not apply to any misuse of Equipment or Equipment which is manufactured to the Buyer’s design, or to alleged infringement arising from the combination, operation, or use of any Equipment or Services with other equipment or services when such combination is part of any allegedly infringing subject matter. The foregoing list of sub-sections (i), (ii), (iii), and (iv) and related terms state the entire liability of the Seller for intellectual property infringement by any Equipment or Service.
14. Limitations on Liability. Notwithstanding anything else contained in this Agreement, to the maximum extent permitted by law, and regardless of whether a claim is based in contract (including warranty or indemnity), extra-contractual liability, tort (including negligence or strict liability), statute, equity or any other legal theory:
(a) THE TOTAL LIABILITY OF THE SELLER AND OF ITS INSURER FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR USE OF ANY EQUIPMENT
OR SERVICES SHALL NOT EXCEED THE TOTAL PRICE PAID BY BUYER UNDER THIS AGREEMENT OR (IN THE CASE OF AN AGREEMENT FOR SERVICES WITH A TERM OF MORE THAN ONE YEAR) THE ANNUAL PRICE PAYABLE BY BUYER UNDER THIS AGREEMENT;
(b) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF PROFIT OR REVENUES, LOSS OF
PRODUCTION, LOSS OF USE OF EQUIPMENT OR SERVICES OR ANY ASSOCIATED EQUIPMENT,
INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF REPLACEMENT WATER OR POWER, DOWNTIME COSTS, INCREASED OPERATING COSTS, CLAIMS OF BUYER’S CUSTOMERS FOR SUCH
DAMAGES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES;
(c) SELLER’S LIABILITY SHALL END UPON EXPIRATION OF THE APPLICABLE WARRANTY PERIOD,
PROVIDED THAT BUYER MAY CONTINUE TO ENFORCE A CLAIM FOR WHICH IT HAS GIVEN NOTICE
PRIOR TO THAT DATE BY COMMENCING AN ACTION OR ARBITRATION, AS APPLICABLE UNDER THIS
AGREEMENT, BEFORE EXPIRATION OF ANY STATUTE OF LIMITATIONS OR OTHER LEGAL TIME Veolia Confidential and Proprietary Information
Membrane Replacement Proposal for the Hollister Water Reclamation Plant (WRF) Proposal number 672934 – revision 1 - February 24, 2026 Page 23 of 26
Docusign Envelope ID: C8777ACB-3A0E-4889-A823-FAF5E36977A2
LIMITATION BUT IN NO EVENT – TO THE EXTENT PERMITTED BY APPLICABLE LAW – LATER THAN FIVE (5) MONTHS AFTER EXPIRATION OF SUCH WARRANTY PERIOD.
For the purposes of this article, "Seller" shall mean Seller, its affiliates, subcontractors and suppliers of any tier, and their respective agents and employees, individually or collectively. If Buyer is supplying Seller ’s Equipment or Services to a third party, Buyer shall require the third party to agree to be bound by this article. If Buyer does not obtain this agreement for Seller’s benefit for any reason, Buyer shall indemnify and hold Seller harmless from all liability arising out of claims made by the third party in excess of the limitations and exclusion of this article.
15. Termination. This Agreement and any performance pursuant to it may be terminated by either Party, and the consequences of such termination shall be as set out in the next paragraph, if the other Party (a) Becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed for the benefit of its creditors, or files for protection from creditors under any bankruptcy or insolvency laws; or (b) Fails to make any payment when due or to establish any payment security required by this Agreement or commits a material breach or defaults in its material obligations under this Agreement, and such default is not cured within thirty (30) days of written notice from the other Party.
Upon the termination of this Agreement by Buyer for cause (i) Seller shall reimburse Buyer the difference between that portion of the Agreement price allocable to the terminated scope and the actual amounts reasonably incurred by Buyer to complete that scope, and (ii) Buyer shall pay to Seller (a) the portion of the Agreement price allocable to Equipment completed, and (b) amounts for Services performed before the effective date of termination. Upon the termination of this Agreement by Seller for cause Buyer shall pay to Seller within thirty (30) days of receipt of invoice the price of all Equipment or Services delivered at the date of termination, plus an amount equal to all costs and expenses incurred in the engineering, sourcing, financing, procurement, manufacture, storage and transportation of the Equipment including materials, work in progress and any cancellation charges assessed against Seller by Seller ’s suppliers including reasonable overhead and profit on all such costs and expenses.
Alternatively, if any schedule of termination payments has been agreed between the Parties, Buyer shall pay to Seller within thirty (30) days of receipt of invoice the amounts set out in that schedule.
Seller shall have the right to suspend performance upon written notice to Buyer in any case where Seller would have the right to terminate the Agreement under this article, without prejudice to Seller ’s right to terminate this Agreement for cause. Any cost incurred by Seller in accordance with any such suspension (including storage costs) shall be payable by Buyer upon submission of the Seller ’s invoice(s). Performance of the Seller ’s obligations shall be extended for a period of time reasonably necessary to overcome the effects of such suspension.
16. Governing Law, Dispute Resolution. This Agreement shall be governed by the substantive laws of the State of New York. In the event of a dispute concerning this Agreement, the complaining Party shall notify the other Party in writing thereof. Management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal district court closest to the Buyer and the rules of the arbitration will be the Commercial Arbitration Rules of the American Arbitration Association, which are incorporated by reference into this article.
Notwithstanding the foregoing, each Party shall have the right to commence an action or proceeding in a court of competent jurisdiction, subject to the terms of this Agreement, in order to seek and obtain a restraining order or injunction to enforce the confidentiality intellectual property provisions set forth in the first two paragraphs of article 13; nuclear use restrictions set forth in article 17, or to seek interim or conservatory measures not involving monetary damages.
17. No Nuclear Use. Equipment and Services sold by Seller are not intended for use in connection with any nuclear facility or activity, the Buyer warrants that it shall not use or permit others to use the Equipment or Services for such purposes, without the advance written consent of Seller. If, in breach of this, any such use occurs, Seller (and its parent, affiliates, suppliers and subcontractors) disclaims all liability for any nuclear or other damage, injury or contamination, and, in addition to any other rights of Seller, Buyer shall indemnify and hold Seller (and its parent, affiliates, suppliers and subcontractors) harmless against all such liability.
18. Export Control. Seller’s obligations are conditioned upon Buyer’s compliance with all USA and other applicable trade control laws and regulations. Buyer shall not trans-ship, re-export, divert or direct Equipment (including Veolia Confidential and Proprietary Information
Membrane Replacement Proposal for the Hollister Water Reclamation Plant (WRF) Proposal number 672934 – revision 1 - February 24, 2026 Page 24 of 26
Docusign Envelope ID: C8777ACB-3A0E-4889-A823-FAF5E36977A2
software and technical data) other than in and to the ultimate country of destination declared by Buyer and specified as the country of ultimate destination on Seller’s invoice.
19. Changes. Each Party may at any time propose changes in the schedule or scope of Equipment or Services. All changes to the Equipment or Services shall be subject to mutual agreement via a written change order or variation, which shall only become effective once signed by both Parties. The scope, Agreement price, schedule, and other provisions will be equitably adjusted to reflect additional costs or obligations incurred by Seller resulting from a change, after Seller’s proposal date, in Buyer’s site-specific requirements or procedures, or in industry specifications, codes, standards, applicable laws or regulations. It shall be acceptable and not considered a change if Seller delivers Equipment (including Equipment replacement under warranty) that bears a different, superseding or new part or version number compared to the part or version number listed in the Agreement, provided that in no circumstance shall this affect any other of Seller’s obligations including those set forth in article
6. 20. Conflicts; Survival, Assignment. If there is any conflict between this Agreement and any written proposal or quotation provided by Seller, then the terms and conditions set forth in this Agreement shall prevail. If any term or condition of this Agreement or any accompanying terms and conditions are held invalid or illegal, then such terms and conditions shall be reformed to be made legal or valid, or deleted, but the remaining terms and conditions shall remain in full force and effect, and this Agreement shall be interpreted and implemented in a manner which best fulfills Parties’ intended agreement. Those provisions which by their nature remain applicable after termination shall survive the termination of this Agreement for any reason. Seller may assign or novate its rights and obligations under the Agreement, in whole or in part, to any of its affiliates or may assign any of its accounts receivable under this Agreement to any party without Buyer’s consent, and the Buyer hereby agrees, by signing this Agreement, to such assignment and to execute any document that may be necessary to complete Seller’s assignment or novation. This Agreement shall not otherwise be assigned by either Party without the other Party’s prior written consent, and any assignment without such consent shall be void.
Seller may (i) manufacture and source the Equipment and any part thereof globally in the country or countries of its choosing; and (ii) may subcontract portions of the Services, so long as Seller remains responsible for such.
21. No Third Party Beneficiary. Except as specifically set forth in the article entitled "Limitations on Liability" and “No Nuclear Use”, this Agreement is not intended to, and does not, give to any person who is not a party to this Agreement any rights to enforce any provisions contained in this Agreement.
22. Entire Agreement. This Agreement embodies the entire agreement between Buyer and Seller and supersedes any previous documents, correspondence or agreements between them. No modification, amendment, revision, waiver, or other change shall be binding on either Party unless agreed in writing by the Party's authorized representative. Any oral or written representation, warranty, course of dealing, or trade usage not specified herein shall not be binding on either Party. Each Party agrees that it has not relied on, or been induced by, any representations of the other Party not contained in this Agreement.
Veolia Confidential and Proprietary Information
Membrane Replacement Proposal for the Hollister Water Reclamation Plant (WRF) Proposal number 672934 – revision 1 - February 24, 2026 Page 25 of 26
Docusign Envelope ID: C8777ACB-3A0E-4889-A823-FAF5E36977A2
Attachment B ZENON Environmental W-9
Veolia Confidential and Proprietary Information
Membrane Replacement Proposal for the Hollister Water Reclamation Plant (WRF) Proposal number 672934 – revision 1 - February 24, 2026 Page 26 of 26
Docusign Envelope ID: C8777ACB-3A0E-4889-A823-FAF5E36977A2
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: April 6, 2026
REPORT # Public Works-2026-16
AGENDA ITEM: A RESOLUTION RATIFYING ADDITIONAL SEWER WORK,
APPROVING A FUND TRANSFERS, AND RELATED BUDGET ADJUSTMENT, FOR
THE WEST GATEWAY ROUNDABOUT PROJECT, AND AUTHORIZING AN
AMENDMENT TO THE CONTRACT WITH GRANITE ROCK COMPANY
DEPARTMENT: Public Works
DEPARTMENT HEAD: Javier Hernandez, Public Works Director
COUNCIL NEXT STEPS: Adopt a resolution:
1. Ratifying additional sewer work performed within the project limits in the amount of $103,480, which was not included in the prior resolution approved by Council; and
2. Approving a transfer, and related budget adjustment, of an additional $103,480 from the Sewer Enterprise Fund (Fund 660) to Fund 275 to cover the cost of this additional sewer work; and
3. Authorizing the City Manager to amend the contract with Granite Rock Company to reflect this additional sewer work and adjust the total contract amount from $4,547,134 to $4,650,614.
DISCUSSION: The City of Hollister is currently finishing the West Gateway Roundabout Project, which is partially funded through a Community Development Block Grant (CDBG). During construction, the City identified several deteriorated sewer utility holes located within the project limits. These utility holes serve the main trunk line that carries all City sewer flows to the wastewater treatment plant.
A prior resolution approved a fund transfer of $405,244 from the Sewer Enterprise Fund (Fund 660) to address unanticipated sewer-related work. After that approval, additional sewer work totaling $103,480 was performed within the project limits that were not included in the previously approved resolution. This work was necessary to address field conditions encountered during construction. Because this additional sewer work was not included in the prior Council action, staff is requesting that the City Council ratify the additional $103,480 expenditure, approve the associated transfer from the Sewer Enterprise Fund (Fund 660), and authorize an amendment to the Granite Rock Company contract to reflect this change.
In the future, we will allocate projects to specific funds during the budget process, and we will ensure that construction projects include contingencies.
FISCAL IMPACT:
Prior approved sewer-related transfer: $405,244 from Fund 660. Additional sewer-related transfer requested: $103,480 from Fund 660. Amendment to the Granite Rock Company contract to increase the total contract amount from $4,547,134 to $4,650,614.
PREVIOUS COUNCIL OR COMMISSION ACTION: Approval of Resolution 2025-16, 2025-149
CEQA: This action is exempt from CEQA, pursuant to CEQA Guidelines Section 15378, as it has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
1. Resolution
2. CC Resolution 2025-149
3. Change order No. 2 Sanitary Sewer Manhole Removal and Replacement
4. Change Order No. 3 Additional Sanitary Sewer Bypass Days
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
RATIFYING ADDITIONAL SEWER WORK, APPROVING A FUND
TRANSFER, AND RELATED BUDGET ADJUSTMENT, FOR THE WEST
GATEWAY ROUNDABOUT PROJECT, AND AUTHORIZING AN
AMENDMENT TO THE CONTRACT WITH GRANITE ROCK COMPANY
WHEREAS, the City of Hollister is finishing the construction of the West Gateway Roundabout Project, partially funded by a Community Development Block Grant (CDBG); and
WHEREAS, CDBG regulations require that all related expenditures be paid from Fund 275; and
WHEREAS, deteriorated sewer manholes serving the City’s main trunk line were discovered within the project limits and required immediate repair and reconstruction; and
WHEREAS, the City Council previously approved a transfer of $405,244 from the Sewer Enterprise Fund (Fund 660) to address sewer-related change order work; and
WHEREAS, additional sewer rehabilitation work totaling $103,480 was subsequently performed and was not included in the prior resolution; and
WHEREAS, it is necessary to ratify this additional sewer work and amend the contract with Granite Rock Company to reflect the increased scope and cost.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:
1. The City Council hereby ratifies the additional sewer work performed in the amount of $103,480.
2. The City Council approves a transfer, and related budget adjustment, of $103,480 from the Sewer Enterprise Fund (Fund 660) to Fund 275 to cover the cost of this additional sewer work.
3. The City Council authorizes the City Manager to amend the contract with Granite Rock Company to reflect this additional work and adjust the total contract amount from $4,547,134 to $4,650,614.
4. The City Council authorizes the Finance Department to make the necessary budget adjustments and fund transfers consistent with this resolution.
Resolution No. 2026-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on April 6, 2026, 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 Jennifer P. Thompson, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 April 6, 2026, 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 April 6, 2026.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
RESOLUTION NO. 2025-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A BUDGET ADJUSTMENT AND FUND TRANSFERS FOR
THE WEST GATEWAY ROUNDABOUT PROJECT AND AUTHORIZING
THE CITY MANAGER TO EXECUTE CHANGE ORDERS IN AN AMOUNT
NOT TO EXCEED $1,095,244 IN ADDITION TO THE ORIGINAL
CONTRACTED WORK OF $3,451,890.00 FOR A TOTAL OF
4,547,134.00
WHEREAS, the City of Hollister is constructing the West Gateway Roundabout Project, partially funded by a Community Development Block Grant (CDBG); and WHEREAS, CDBG regulations require that all related expenditures be paid from Fund 275, which was established specifically for the grant; and WHEREAS, project funding was previously allocated from Fund 304, and it is necessary to transfer those allocations to Fund 275 for compliance, and WHEREAS, project funding was previously allocated from Fund 252, and it is necessary to transfer those allocations to Fund 275 for compliance; and WHEREAS, several deteriorated sewer manholes were discovered within the project limits that required immediate repair and reconstruction, resulting in a change order and unanticipated sewer related costs: and
WHEREAS, these manholes serve the City's main trunk line carrying sewer to the treatment plant, and repairs were essential to continue construction; and WHEREAS, the additional sewer related costs total $405,244, to be funded through a transfer from the Sewer Enterprise Fund (Fund 660); and WHEREAS, a contract amendment with Granite Rock Company is necessary to include this additional work, increasing the total not -to -exceed contract amount to $4,547,134,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER AS FOLLOWS:
1. The City Council hereby approves the following budget adjustments to supplement project funding and ensure that all project -related expenditures for the West Gateway Roundabout Project are properly recorded in compliance with federal grant and accounting requirements:
Fiscal Year 2024-2025: Transfer $3,000,000 from Fund 252 to Fund 275.
Fiscal Year 2025-2026: Transfer $2,500,000 from Fund 304 to Fund 275.
Resolution No. 2025-149
All such adjustments shall be made to ensure proper accounting, transparency, and compliance with the Code of Federal Regulations and GASB standards.
2. The City Council approves a transfer of $405,244 from the Sewer Enterprise Fund (Fund 660) to Fund 275 to cover the cost of sewer related change order work.
3. The City Council authorizes the City Manager to execute change orders with Granite Rock Company in an amount not to exceed $1,095,244 in addition to the original contracted work of $3,451,890.00 for a total of $4,547,134.00 for the timely completion of this project.
4. The City Council authorizes the Finance Department to make the necessary budget adjustments and fund transfers as outlined in this resolution.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on November 3, 2025, by the following vote:
AYES: Councilmembers Picha, Morales, Resendiz, and de Anda NOES: None
ABSTAINED: None
ABSENT: Mayor Stephens
r R
I
Rudy Picha, Vi,c Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
re n n ife(Woodworth, MMC, City Clerk Mary Ff' L er, City Attorney I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-149 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 November 3, 2025 at which meeting a quorum was present.
Resolution No. 2025-149
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on November 3, 2025.
11011.4 16641AjAA'X4f
eiitnnifer oodworth, MMC
y Cler of the City of Hollister
CITY OF HOLLISTER CHANGE ORDER
DATE: PAGE:
CONTRACT CHANGE ORDER NO.:
AGREEMENT DATE:
PROJECT TITLE: West Gateway Roundabout Project
CONTRACTOR: Granite Rock
The following change is hereby made to the CONTRACT DOCUMENTS:
•SS Manhole Removal and Replacement (D10-27 & D10-28)
•Construct New SS Manhole Approximately 50 LF East of Manhole (D10-35) •Remove Abandoned Manholes and Sewer Lines (D10-33 and D10-36) •Remove Manholes (D10-35)
Item Change Order Description Unit of
Measure
Unit Price QTY Cost
ADD 3 Construct new manhole, replace
existing manholes and remove
abandoned manholes and sewer
lines
LS $405,244.00 1 $405,244.00
TOTAL CHANGE ORDER: $405,244.00
THIS CHANGE ORDER WILL EXTEND THE CONTRACT TIME BY 21 DAYS.
APPROVALS REQUIRED:
Requested by: Date:
City of Hollister, Associate Engineer
Approved by: Date:
City Engineer/City Manager
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and performed all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
Accepted By: Date:
Contractor:
6/13/25 1 of 2
2 6/13/25
6/12/25
6/13/2025Robert Snyder
EVP Construction
Granite Rock Company
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6 6/18/2025 | 9:46:20 AM PDT
page 2 of 2
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
Material Supplier / Engineering Contractor
License #22
San Jose Office
120 Granite Rock Way
San Jose, CA 95136
Phone 408.574.1400 Fax
408.365.8349
SFO Office
875 Mahler Road, Suite 280
Burlingame, CA 94010
Phone 650.615.0306
Fax 650.615.0338
Oakland Office
7700 Edgewater Dr. Suite 332
Oakland, CA 94621-3025
Phone 510.729.5075
Fax 510.729.5079
Monterey Bay Region
P.O. Box 50001, Watsonville, CA 95077
411 Walker Street, Watsonville, CA 95076
Phone 831.768.2700
Fax 831.768.2701
June 9th, 2025
City of Hollister
339 Fifth Street
Hollister, CA 95023
Project: West Gateway Improvement Project
Subject: Sanitary Sewer EW PCO 004R3 – Remove/Replace SSMHs and Bypass Mr. Builes,
This Proposed Change Order covers the following items:
1.Install New Manhole:
•Construction of new manhole approximately 50LF East of manhole D10-35.
2.Bypass System Installation:
•Bypassing of Manholes D10-27, D10-28 and D10-35.
•Utilization of Manhole D10-31, newly constructed manhole approximately 50 LF East of Manhole D10 -35, and Temporary Manhole for the bypass. Bypass to be discharged into concrete vault (Approximately 300 LF west of the intersection of Bridge Road and Valonia Way). •Install of K-Rail and Crash Cushions along Bridge Road as required to protect bypass lines.
3.Temporary Manhole:
•Construction of a temporary manhole to divert the 12-inch sewer line entering D10-27 from the south.
4.Removal and Replacement:
•Sanitary Sewer Manholes D10-27 and D10-28.
5.Removal Only:
•Manholes D10-33, D10-35, and D10-36.
•Sewer line connecting Manholes D10-33 and D10-28.
•Portion of sewer line between D10-36 and K-Rail.
•Cap Asbestos Sanitary Sewer Line at D10-36.
6.Subgrade Restoration: (Cost included within Items)
•Rebuilding of subgrade in all disturbed areas.
•Compaction to meet the 95% compaction requirement.
•Inclusion of all necessary testing.
Graniterock hereby proposes to furnish all labor, materials, equipment and trucking to complete the scope of work listed above in the amount of: $405,244 (See itemized breakdown and backup) Additional contract days requested: 21 Days
(Includes down days as well as additional scope for work described herein) Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
Material Supplier / Engineering Contractor
License #22
San Jose Office
120 Granite Rock Way
San Jose, CA 95136
Phone 408.574.1400 Fax
408.365.8349
SFO Office
875 Mahler Road, Suite 280
Burlingame, CA 94010
Phone 650.615.0306
Fax 650.615.0338
Oakland Office
7700 Edgewater Dr. Suite 332
Oakland, CA 94621-3025
Phone 510.729.5075
Fax 510.729.5079
Monterey Bay Region
P.O. Box 50001, Watsonville, CA 95077
411 Walker Street, Watsonville, CA 95076
Phone 831.768.2700
Fax 831.768.2701
Description of Work:
New Manhole:
•Construction of new manhole approximately 50LF East of manhole D10-35. •Excavate approximately 16 feet down to existing 36” Sanitary Sewer Line. •Form and pour manhole base around existing 36” Sanitary Sewer Line. •Coat inside of barrels and cone with water-proofing or impregnator. •Stack manhole barrels and cone to existing grade.
•Backfill to within 5 feet of finish grade with 3/4” drain rock. •Place Mirafi 140N over drain rock.
•Backfill from drain rock to finish grade with native soil. •Compaction testing not required for drain rock.
•City inspector to approve native soil backfill compaction – Per City request (No Geotech compaction testing included).
Bypass System Installation/Removal:
•Installation of bypass system bypassing manholes D10-27 and D10-28. •Installation of K-Rail to protect bypass lines along Bridge Road. •Bypass to be installed via Manholes, D10-31, the newly constructed manhole approximately 50 LF east of Manhole D10-35 and the temporary Manhole.
•Crew to remove manhole tops and assist with install of bypass system. •Subcontractor support for install of bypass system.
•Install temp fence around all open manholes for security. •Testing of bypass system prior to demo of manholes D10-27 and D10-28. •Removal of bypass system bypassing manholes D10-27 and D10-28. •Freight to haul bypass materials to and from jobsite.
•One time labor agreement with the union.
Temporary Manhole:
•Intercept and expose sanitary sewer line running south from D10 -27. •Construct temporary manhole.
•Remove section of sanitary sewer pipe and install plug. •Repair section of sanitary sewer pipe and remove plug. •Demo temporary manhole.
•Backfill and compact area disturbed.
Removal and Replacement:
•Demo and offhaul Manholes D10-27 and D10-28.
•Compact subgrade to 95% compaction.
•Construct new manhole bases.
•Concrete testing for manhole bases.
•Stacking of manhole barrels.
•Install of manhole tops complete with grade rings and lids. •Backfill and compact to 95% relative compaction.
•Geotechnical testing for backfill.
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
Material Supplier / Engineering Contractor
License #22
San Jose Office
120 Granite Rock Way
San Jose, CA 95136
Phone 408.574.1400 Fax
408.365.8349
SFO Office
875 Mahler Road, Suite 280
Burlingame, CA 94010
Phone 650.615.0306
Fax 650.615.0338
Oakland Office
7700 Edgewater Dr. Suite 332
Oakland, CA 94621-3025
Phone 510.729.5075
Fax 510.729.5079
Monterey Bay Region
P.O. Box 50001, Watsonville, CA 95077
411 Walker Street, Watsonville, CA 95076
Phone 831.768.2700
Fax 831.768.2701
Removal Only:
•Excavate and expose manholes and lines to a depth of approximately 10-16 feet. •Demo and remove existing facilities for manholes D10-33, D10-35 and D10-36. •Remove and replace section of pipe at manhole D10 -35 (Using 36” Marmac Couplers). •Cut and Cap SS Line between D10-36 and D10-27
•Cap SS Line near D10-28 (at pipe between D10-33 and D10-28) prior to removal of D10-28. •Offhaul and dispose of Abandoned Sanitary Sewer Facilities. •Backfill and compact in lifts to 95% relative compaction. •Compaction testing and quality control as required.
Subgrade Restoration:
•Backfill all areas disturbed by work described above.
•Compact all backfill to 95% relative compaction.
•Geotechnical testing.
Conditions and Clarifications:
•Work to occur during regular business hours - Monday through Friday. •Proposal includes 8-hour shifts.
•Bypass monitoring will occur on Saturday and Sunday.
•Assumes native soil is suitable for backfill.
•Bypass proposal includes two weeks of pump systems onsite. •Additional bypass days to be billed at a rate of $13,640.
Exclusions:
•Working around existing utilities.
•Re-routing existing utilities.
•Excludes handling hazardous materials.
•Excludes handling hazardous soil and testing.
•Excludes handling unsuitable soil or unsuitable soil remediation. •Excludes handling ground water and pumping.
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
Material Supplier / Engineering Contractor
License #22
San Jose Office
120 Granite Rock Way
San Jose, CA 95136
Phone 408.574.1400 Fax
408.365.8349
SFO Office
875 Mahler Road, Suite 280
Burlingame, CA 94010
Phone 650.615.0306
Fax 650.615.0338
Oakland Office
7700 Edgewater Dr. Suite 332
Oakland, CA 94621-3025
Phone 510.729.5075
Fax 510.729.5079
Monterey Bay Region
P.O. Box 50001, Watsonville, CA 95077
411 Walker Street, Watsonville, CA 95076
Phone 831.768.2700
Fax 831.768.2701
Price Breakdown - Construction of new manhole approximately 50LF East of manhole D10-35: $68,191 Breakdown:
Labor: 1 Foreman, 2 Laborers, 2 Operators: $28,513
Equipment: Cat 335 (with attachments), Cat 966 Loader: $24,584 MH Materials: $4,984
Aggregates: $2,145
Concrete: $1,575
Shoring: $1,750
Trucking: $2,640
Rebar, Sand, Water Proofing or Impregnator: $2,000
Bypass Set Up/Breakdown/Freight Price: $91,467 (Lump Sum For Set Up / Breakdown) Breakdown:
Labor: 1 Foreman, 2 Laborers, 2 Operators: $19,227
Equipment: Cat 335 (with attachments), Cat 966 Loader, Reach-lift, Cat 350 at GRC yard to load K-Rail: $15,920 Subcontractor Labor: $7,480
One Time Labor Agreement with Union: $5,000
Freight: $38,500 (Both Ways)
Weekend Labor (Fuel and Check on System): 1 Laborer: $1,620 Equipment Mob, K-Rail Trucking, Crash Cushions and T-Posts: $3,720 Bypass Rental Price – All Three Systems – Assumes 2 Weeks of Bypass at $44,203.50/Week = $88,407 Bypass Credit for 36” SS Main to City of Hollister: -$24,285 (-$8,095 X 3) Freight Credit: -$7,000
Bypass Set Up and Breakdown Credit: -$6,200
Price to Install and Remove Temporary Manhole for 12” SS line that runs from D10 -27 south: $11,365 Breakdown:
Labor: 1 Foreman, 2 Laborers, 2 Operators: $4,990
Equipment: Cat 335 (With Attachments): $1,100
Material (Shoring, concrete, MH materials, subgrade testing): $5,275 Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
Material Supplier / Engineering Contractor
License #22
San Jose Office
120 Granite Rock Way
San Jose, CA 95136
Phone 408.574.1400 Fax
408.365.8349
SFO Office
875 Mahler Road, Suite 280
Burlingame, CA 94010
Phone 650.615.0306
Fax 650.615.0338
Oakland Office
7700 Edgewater Dr. Suite 332
Oakland, CA 94621-3025
Phone 510.729.5075
Fax 510.729.5079
Monterey Bay Region
P.O. Box 50001, Watsonville, CA 95077
411 Walker Street, Watsonville, CA 95076
Phone 831.768.2700
Fax 831.768.2701
Price to Remove and Replace SSMH’s D10 -27 and D10-28: $102,049.00 Breakdown:
Labor: 1 Foreman, 2 Laborers, 2 Operators: $40,723
Equipment: Cat 335 (with attachments), Cat 966 Loader : $30,720 Dump Fees: $1,000
Trucking: $3,960
Shoring: $2,000
Geotech: $4,900
Concrete: $3,150
Manhole Materials: $11,396.00
Pipe, Rebar, Sand and Concrete Pump: $4,200
Price to Remove Manholes D10-33, D10-35 and D10-36, Remove SS Line Between D10-33 and D10-28, Remove Pipe From D10-36 to K-Rail, Cut and Cap SS Line Between D10-36 and D10-27, Replace section of pipe at D10-35, Subgrade Restoration.
Price for work listed above: $81,250
Breakdown:
Labor: 1 Foreman, 2 Laborers, 2 Operators: $37,775
Equipment: Cat 335 (with attachments), Cat 966 Loader, Water Truck : $29,863 Geotechnical Engineer Subcontractor: $5,100
Trucking (for Removal): $2,640
Dump Fees: $2,250
Shoring: $500
Pipe Materials: $2,872
Sand Backfill: $250
Sincerely,
Steven Davis
Project Manager
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
PAC MACHINE COMPANY
SACRAMENTO, BENICIA, CA. SPARKS, NV
DATE: 6/9/25
TO: Steven Davis
OF: Graniterock
Per your request Pac Machine Co. is pleased to quote the following:
Scope: To provide (2) Bypasses for a Graniterock Project in Hollister CA. Bypass 1 will need to pump 550 GPM from MH D10-31to a discharge MH about 850’ away. Bypass 2 will need to pump 6,000 GPM from MH D10-35 to a discharge MH about 700’ away Bypass #1
QTY Equipment
(1) Primary 6” Godwin CD150M, Open Trash Pump
(1) Backup 6” Godwin CD150M, Open Trash Pump
(2) Float Control Panel
(2) 6” x 20’ Suction Hose
(2) 6” x 10’ Suction Hose
(2) 6” Suction Screens
(3) 6” x 20’ Suction/Discharge Hose
(2) 6” x 10’ Suction/Discharge Hose
(2) 6” Check Valves
(1) 6” Wye
(6) 6” Bends
(1) 6” Air Vents
(10) 6” x 20’ QD Pipe
(1) 6” FM QD X 8” M QD
(1) Auto Dialer
Daily $1,900.00
Weekly $5,700.00
Monthly $17,100.00
Bypass #2
(1) Pony 8” Godwin CD225M Open Trash Pump
(1) 8” x 20’ Suction Hose
(1) 8” Sewage Screen
(1) 8” x 20’ S/D Hose
X 1.10 = $2,090
X 1.10 = $6,270
X 1.10 = $18,810
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6
(1) 8” QD 90
(1) 8” QD Tee, FM x FM x M
(1) 8” QD Gate Valve
(3) 12” Godwin DPC300 Open Trash Pump on Skid
(3) 15” PVC Dip Tubes
(5) 12” x 20’ Composite Hose
(3) 12” Flange x 10” Vic Adapter
(3) Automatic Float Control Panel
(6) 10” Air Vents
(6) 10” Vic 90’s
(4) 10” Vic 45’s
(8) 10” Vic 22/11’s
(80) 10” x 40’ Vic Pipe
(6) 10” x 20’ Vic Pipe
(6) 10” x 10’/Short Pipe
(90) 10” Vic Clamps
(1) Auto Dialer
(4) 10” x 12” Vic Increasers
(94) Pipe 12"x30' Ind Groove AL
(8) Pipe 12"x20' Ind Groove AL
(4) Elbow 12" 90 Degree Ind Groove
(4) Elbow 12" 45 Degree Ind Groove
(110) Coupler 12" Ind Groove Heavy Wt Cast 77
Daily $10,330.00
Weekly $33,985.00
Monthly $92,950.00
Temp MH Bypass
(1) 3” Gas Powered Trash Pump
(1) 3” Screen
(2) 3” x 20’ Suction Hose
(1) 3” x 50’ Discharge Hose
Daily $170.00
Weekly $500.00
Monthly $1,500.00
Site Labor $1,200.00/day/man + $500/day per diem
FOB: Sacramento, Southern California or Closest West Cost Location/s Estimated Freight $17,500.00/each way
Graniterock to Remove MH Cones, Provide Plugs, Provide Cribbing for Pipes Additional Items to be billed as T&M
Admin and Labor Contract Cost to be added
Taxes Not Included
X 1.10 = $11,363
X 1.10 = $37,383.50
X 1.10 = $102,245
X 1.10 = $187
X 1.10 = $550
X 1.10 = $1,650
Docusign Envelope ID: 90EEA78F-CA62-4D02-A2D1-C4B615F670B6