ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT
A. Uniform Allowance
The City agrees to provide new hires attending the Academy all necessary uniforms. For all other new hires, the City agrees to provide two sets of uniforms upon hiring. If a unit member chooses to acquire any uniform items above this amount, that unit member shall pay out-of-pocket for those costs at no expense to the City.
The City also agrees to contribute forty-five dollars ($45.00) per pay period, for each unit member, to cover all ongoing uniform costs.
Unit members shall use this uniform allowance to regularly maintain and/or replace their uniforms as needed. Unit members are responsible for maintaining and replacing uniforms to meet the standards of the Police Chief.
B. Boot Allowance
The City agrees to provide each employee in the unit with an annual reimbursement up to three hundred dollars ($300.00) per year upon presentation of satisfactory proof -of - purchase. Reimbursement will be made upon presentation of satisfactory proof -of -purchase for boots or over-the-counter or prescription orthotics which are approved and authorized by City management. Used boots that were purchased in the prior four years are the property of the City and shall be returned to the City. Used boots that were purchased four or more years prior may be retained by the employee upon replacement.
Employees may use all or a portion of the boot allowance for necessary repairs of existing boots, including insole or outsole replacement, recrafting, or other repair services. In no case shall the boot allowance for repairs and / or purchases exceed three hundred dollars ($300.00) per year.
C. Safety Equipment
The City agrees to continue to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.
ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL
This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by sworn employees covered by this M.O.U.
A. Definition
A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this agreement which adversely affects the grievant. 23
B. Stale Grievance
A grievance shall be void unless filed in writing within fifteen (15) calendar days from the date upon which the City is alleged to have misinterpreted or misapplied this agreement, or with fifteen
(15) calendar days from the time an employee might reasonably have been expected to have learned of the alleged misinterpretation or misapplication. Such discovery period shall not exceed one hundred eighty (180) days regardless of the date of discovery. In no event shall a grievance include a claim for money relief for more than the fifteen (15) day period plus such reasonable discovery period.
C. Informal Discussion with Employee's Supervisor
Before proceeding to the formal grievance procedure, an employee shall discuss his/her grievance with his/her immediate supervisor in private and attempt to work out a satisfactory solution. Any solution reached at this level must be confirmed in writing by the Human Resources Officer to assure compliance with this agreement before it has any binding effect.
D. Formal Written Grievance to Employee's Supervisor
If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the Department Head and subsequent steps will be followed as outlined in this Section.) The formal written grievance shall specify the provisions of this M.O.U. alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.
E. Grievance to Department Head/City Manager
The Department Head or the City Manager, if the Department Head was the grievant's immediate supervisor, shall have seven (7) working days in which to review and answer the grievance in writing. Unless waived by mutual agreement of the employee or his/her representative and the Department Head or City Manager, a meeting is required at this level and the employee and his/her representative shall have the right to be present and participate in such a meeting. The time limits at this level may be extended by mutual agreement between the Department Head or City Manager and the employee or his/her representative.
F. Waiver of Appeal Steps
If the grievance is not resolved after the immediate supervisor has answered it in writing, the grievant(s) and the Department Head may, by mutual agreement, waive review of the grievance at Step E and proceed to present the grievance to the City Manager. 24
G. Advisory Fact Finding of Grievances
In the event the grievance is not resolved by the City Manager, the recognized employee organization may within fifteen (15) calendar days after receipt of the decision of the City Manager, request that the grievance be heard by a Fact Finder.
H. Selection of a Fact Finder
The Fact Finder shall be selected by mutual agreement between the City and the Association. If the parties are unable to agree on the selection of a Fact Finder, they shall jointly request the State Mediation and Conciliation Service to submit a list of five (5) qualified Fact Finders. The City and the grievant, or his/her representative, shall then alternately strike names from the list until only one name remains, and that person shall serve as Fact Finder.
I. Duty of a Fact Finder
1. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the Fact Finder to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a proposed disposition of the grievance which shall be advisory in nature.
2. The proposed disposition shall be based solely on the interpretation of the applicable provisions of the M.O.U. and other Personnel Rules if applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the M.O.U. or such Rules.
J. Payment of Costs
Each party to a hearing before a Fact Finder shall bear its own expenses in connection therewith. All fees and expenses of the Fact Finder shall be borne one-half by the City and one-half by the grievant. If the City does not implement the proposed disposition of the grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.
K. Effect of Failure of Timely Action
Failure of the employee(s) to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.
ARTICLE 11. LEAVES
The City shall continue the current sick leave and bereavement leave rules as defined in this Article for the term of this M.O.U.
A. Bereavement Leave
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Bereavement leave is a separate paid leave which is available to all employees at the time of death or funeral of a member of the employee's immediate family as defined below:
Wives/Husbands
Grandparent(s)-in-law
Grandchildren
Fathers
Aunts
Fathers-in-law
Brothers
Nieces
Brothers-in-law
B. Family Sick Leave - Within Existing Benefit
Grandparent(s)
Children
Legal guardians
Mothers-in-law
Mothers
Uncles
Sisters-in-law
Sisters
Nephews
An employee may be granted up to a total of forty (40) hours of sick leave in a twelve (12) month period for the purpose of caring for a spouse, parent, or children as defined below.
The City Manager can make exceptions to the below upon request of an individual. This exception by the City Manager can include domestic partners.
1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.
2. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in (3.) below. This term does not include parents "in law".
3. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "Incapable of Self -Care because of a Mental or Physical Disability." a. "Incapable of Self -Care" means that the individual requires active assistance or supervision to provide daily self -care in three (3) or more of the "activities of daily living"' (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc. b. "Physical or Mental Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.
c. Persons who are "In Loco Parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
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d. For purposes of confirmation of family relationship, the employer may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc. The employer is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose.
ARTICLE 12. LAYOFF
The City shall have the sole right to determine which class(es) shall be subject to layoff.
A. Order Of Layoff
1. The order of layoff of employees within a class or classes subject to layoff, shall be:
a. Provisional or Temporary Employees
b. Part-time Employees
c. Probationary Employees
d. Permanent Employees
2. Within each of the first three (3) categories, the order of lay-off shall be at the discretion of the Appointing Authority. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first. Among employees with equal seniority, the order of layoff shall be determined by the Appointing Authority.
B. Seniority Determination
1. Each employee shall receive one (1) point per full month of service in the classification the employee is working at the time a layoff is being imposed. In addition, the employee shall receive one-half (1/2) of a point per full month of service in any other unit classification, which the employee has worked and one -quarter (1/4) of a point per full month of current services in any non -bargaining unit classification. The total of such points shall determine the employee's seniority.
2. Employees subject to layoff may first displace employees of lower seniority in any comparable classification, as determined by the City Manager. As a second alternative to layoff, employees subject to layoff may take a voluntary demotion to any lower classification within the same division of the unit in which the employee had prior permanent status, provided a vacancy exists, or the demoted employee has higher seniority than an employee working in that classification. As a third alternative to layoff, an employee subject to layoff may take voluntary demotion to a vacant position in a lower classification provided the employee can, through a non-competitive examination, establish proof to the satisfaction of the appointing authority that he/she is capable of performing the job.
3. In the event the demoted employee in all the above alternatives has equal seniority with the least senior employee working in the lower classification, the employee to be laid off 27
shall be determined by total seniority with the unit. If such unit seniority is also equal, the employee to be laid off shall be determined by the appointing authority.
C. Re-employment
Employees laid off or demoted in lieu of layoff shall have a priority right of return to their prior class or to any lower class in the same or comparable classification series. This right shall remain effective for two (2) years from the date of demotion or separation from the service.
The only exception being that any individuals that have been separated from the City will have to meet the current medical and background requirements.
ARTICLE 13. MISCELLANEOUS
A. Personnel Notices
Police Department management shall notice all officers of any intra departmental promotional possibilities and exams thereto at least thirty (30) days in advance of any exam or record review leading to such promotion.
B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program "Tuition Aid" is defined as a full or partial payment or reimbursement of registration fees and the minimum requirement of tests for specialized individual academic training which is related to the employee's current job or which prepares an employee for a promotional opportunity within City service. Texts purchased for training by the City will become the City's property upon completion of the training. The individual will have the option of purchasing the texts from the City.
1. Tuition aid for specialized training shall be made to the employee only upon evidence of completion of the training. In those instances, where it is desirable because of the nature of the training to advance tuition aid, a Department Head may request payment of tuition aid prior to the training.
2. Tuition aid for academic training shall be made to the employee only upon evidence of satisfactory completion of the training. Satisfactory completion will be considered a grade of "C" or better, or a grade of pass in a pass/fail grading system.
3. The following procedure shall apply for obtaining tuition aid. a. Employees who desire tuition aid for specialized individual training or academic training shall submit their requests to their department head. b. Requests will be reviewed by the Department Head and forwarded with recommendation to the Human Resources Officer for authorization. Requests for aid and costs shall be processed within the administrative section of the department's budget. Prior authorization of the Human Resources Officer must be obtained before the training starts in order for the employee to qualify for the tuition aid. Employees will be required to pay the tuition costs themselves, prior to the course, but will be reimbursed if the course is authorized and successfully completed as provided for herein. When the training is completed, evidence of satisfactory completion of the 28
training must be submitted to the Human Resources Officer for the purpose of obtaining reimbursement.
c. An employee being subsidized by another agency, either governmental or private, shall receive tuition aid only to the extent not reimbursed by such other agency.
4. The City will pay a maximum of Three Thousand Five Hundred Dollars ($3,500.00) per fiscal year to any eligible unit member that meets the above listed criteria for tuition aid.
5. A Tuition Reimbursement Advancement Program would allow police personnel who are in good standing, have completed their probationary period and has received approval form their supervisor to have amounts in excess of the Three Thousand Five Hundred Dollars $3,500 in one year.
The program would require the employee to enter into an employment contract with the city. The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.
Example: an employee has tuition and book cost of (Seven Thousand Dollars) $7,000.00 to finish his/her Bachelor's degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, (Seven Thousand Dollars) $7,000.00 is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.
C. Vacation Accrual And Vacation Allowance
1. The City agrees to provide vacation leave accrual for each represented unit member as follows:
Years of Service
Accrual
1st through completion of 3rd
4th through completion of 7th
8th through completion of 15th
16th through completion of 20th
beginning of 21st Year
Annual Vacation
12 Days
17 Days
22 Days
24 Days
27 Days
2. Upon prior written approval by the City Manager, vacation accrual beyond two hundred eighty (280) hours may occur.
3. Unit Members may cash out vacation leave hours in increments of ten (10) hours as long as it has been budgeted and must have the City Manager's Approval. Compensation for vacation leave cashed out will be made at the employee's rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Department of Administrative Services at least thirty (30) days in advance. 29
Payments of cashed -out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.
4. Effective upon council approval of this agreement, lateral officers shall also accrue vacation time based on total time of service as a full time peace officer within the State of California. The City may approve, on a case by case basis, sworn peace officer service at the Federal level or out-of-state. This section may increase a current employees accrual rate going forward and will not result in any adjustment to previously accrued hours.
D. CaIPERS Credit For Unused Sick Leave
The City shall continue to provide the CaIPERS Section 20965 "Credit For Unused Sick Leave" benefit for Police - Safety members as recognized by PERS, for the term of this agreement.
E. Sick Leave Conversion To Cash
Eligible unit employees may convert a percentage of accrued, unused sick leave to cash at death or retirement from City employment. The provisions for this policy are as follows:
1. Employees of this unit may not "cash out" or be compensated for any of the first two hundred forty (240) hours of sick leave accrued.
2. Any current employee of this unit having completed ten (10) years of continuous service with the City and who retires from City service by filing for Service Retirement with CaIPERS, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of retirement from City service.
The surviving spouse, beneficiary(s), dependent(s) or estate of any current employee of this unit who has completed ten (10) years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of death.
Any current employee of this unit having completed ten (10) years of continuous service with the City and having an unused sick leave accrual balance exceeding five hundred (500) hours may, at their option, "cash out" up to a maximum of ninety-six (96) hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than five hundred (500) hours.
Compensation for unused, accrued sick leave will be made at the employee's rate of pay at the time of "cash out". Requests for payment of unused sick leave as described herein, shall be made in writing to the Finance Department at least thirty (30) days in advance of June 1st and December 1st of each year.
Payments of "cashed out" unused sick leave will be made on the first pay day which follows June 1st and December 1st of each year.
F. Probationary Period
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1. All new sworn -unit members that are hired after the adoption of this M.O.U. will serve an eighteen (18) month probationary period.
2. All members who leave the City's employment and return to the City within one (1) year (364 calendar days) will be placed on a three (3) month probationary period as long as the employee:
a. Left the City of Hollister in good standing; and
b. Achieved at least "satisfactory" on their last evaluation with the City of Hollister.
G. Separation in Good -Standing
A sworn employee who separates in good -standing from the City of Hollister Police Department, and within one (1) year submits an application to the City, will not be required to submit to an oral board as part of the application process. However, the applicant will remain subject to P.O.S.T. regulations.
H. Recruitment Incentives for Sworn Personnel
The following are recruitment incentives for Sworn Personnel:
1. New sworn employees will receive an advance of forty (40) hours of sick leave effective the date of employment. Accrual of future sick leave will begin six (6) months from the date of hire.
2. A One Thousand Dollars ($1,000) moving allowance will be provided to new employees who, when hired, lived one hundred (100) miles or more from the Hollister City Limits and who, upon successfully completing probation, have moved and are current residents of San Benito County. Employees who qualify must provide written proof of their primary residency within San Benito County.
I. Work Schedules
1. Non -Sworn Unit Classifications
a. Flexible Work Schedules:
Non -sworn members may work flexible work schedules (i.e., 4/10, 9/80) when feasible. It is agreed that implementation of flexible work schedules shall be evaluated on a work unit basis, and will only be approved in those units where flexible work schedules can be implemented without reducing service levels and cost effectiveness. A change to a flexible work schedule must be approved by the member's supervisor and the Chief of Police.
b. Temporary Flexible Schedule:
Non -sworn members may request to temporarily flex their normal work schedule or workday (i.e., an earlier start to and/or end of the workday, doctor appointments, child care needs, etc.) with the approval of their supervisor.
2. Sworn Unit Classifications
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a. Three, Four Twelve (3/12, 4/12) work schedule
The work schedule for sworn personnel assigned to the "day or "night" shift shall be three 12 hour shifts one week of the pay period, and four 12 hour shifts the other week of the pay period.
b. Four -Ten (4/10) Work Schedule
The work schedule for personnel assigned to specialty positions shall be the Four Ten (4/10) schedule.
c. For the 2025 2026 2026-2027 school year, personnel assigned to the School Resource Officer position(s) shall work a Five -Eight (5/8) schedule consisting of five eight -hour shifts per week, aligned with the academic calendar and school operational requirements.
J. Police Funeral Attendance
Any Member of the Association may attend a formal police funeral in an on -duty status within a two hundred fifty (250) mile radius of the City of Hollister. This means that the Member may attend in uniform and travel in an official vehicle with Chief of Police approval.
The Police Chief or City Manager may authorize attendance at a formal police funeral exceeding these parameters on a case -by -case basis.
K. New Employee Orientation
During New Employee Orientation, the bargaining unit will be allowed a total of thirty (30) minutes at the end of the orientation to provide a presentation when new employees of this unit are present and for those who wish to stay.
L. Automatic Payroll Deposit
All new unit members of the bargaining unit shall enroll in the automatic payroll deposit program at the time of their employment with the City or at the time of promotion to this unit.
ARTICLE 14. MAINTENANCE OF OPERATIONS
The Association agrees that during the term of this M.O.U. and for the period of time necessary for the meet and confer process to conclude a successor M.O.U., neither the Association, nor any representative acting on its behalf, will cause, authorize, engage in, condone or sanction a strike, sick -in, work stoppage, slow down, picketing (other than informational picketing on the employees' own time), concerted of individual failure to report for duty, unauthorized absence, including compliance with a request of another unit's labor organization to engage in or honor such activities against the City, or any activity by any other euphemism known which results in less than the full and faithful performance of any duties of employment.
If the City determines that the Association has engaged in any activity mentioned above, the City may order the forfeiture of all rights and privileges, or any portion thereof, of the Association.
If the City determines that an employee has engaged in any activity above, the employee may be subject to disciplinary action up to and including discharge from City service. 32
ARTICLE 15. PREVAILING M.O.U.
In the event of a conflict between a specific provision of this M.O.U. and a written rule, regulation, or resolution of the City or any of its divisions, the terms of the M.O.U. shall prevail and said written rule, regulation, or resolution shall be physically amended to conform to the specific provisions of this M.O.U.
ARTICLE 16. HOLIDAYS AND HOLIDAY PAY
1. Sworn Unit Classifications
Compensation equal to seventeen days (136.00 hours) shall be made to sworn personnel in semi-annual payments payable on the first pay day which follows June 1st and December 1st of each year. Sworn personnel may elect to have a portion or all of these hours credited to their compensatory time balance in lieu of payment.
2. Non -Sworn Unit Classifications
Non -sworn personnel shall have the same holiday schedule as employees in the miscellaneous employees bargaining unit.
a. Holiday Schedule
The City provides the following paid holidays:
New Year's Day
Martin Luther King, Jr.
President's Day
Farmworkers Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve — Half Day
Christmas Day
January 1
Third Monday in January
Third Monday in February
March 31
Last Monday in May
June 19
July 4
First Monday in September
November 11
Fourth Thursday in November
Day after Thanksgiving
December 24
December 25
If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.
Every non -sworn employee is also entitled to six (6) floating holidays per Fiscal Year.
ARTICLE 17. DRUG FREE WORKPLACE POLICY
The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92- 116 (August 3rd, 1992), is incorporated by reference into this Memorandum of Understanding. 33
ARTICLE 18. SAVINGS CLAUSE
If any Article or Section of this M.O.U. should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other Articles and Sections of this M.O.U. shall remain in full force and effect for the duration of this M.O.U. In the event of invalidation of any Article or Section, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring upon said Article or Section.
ARTICLE 19. UNION BUSINESS
Up to five (5) elected representatives of the Association shall be granted a maximum of three (3) days leave each during the fiscal year based upon need without loss of pay for Union Business to include but not be limited to attendance at conventions, conferences, and seminars. The release from duty shall be at the discretion of the City so as not to adversely affect staffing schedules.
ARTICLE 20. TERM
The term of this Memorandum of Understanding shall commence on July 1, 20265 and shall expire on June 30, 20276, unless otherwise agreed to by both parties. The signatures to this agreement may be executed in counterparts.
City of Hollister
Hollister Police Officers Association (HPOA)
David MirrioneAna Cortez, City Manager
Bryce MorganBo Leland, HPOA President
Robert Lomeli, City Negotiator
Christopher Wc._sDavid Anderson, HPOA
Negotiator
Stephanie Brown, City Negotiator
Aurelio Melgoza, HPOA Negotiator
Alyssa Carrillo, HPOA Negotiator
Susana Canales, HPOA Negotiator
34
Joe Higby, HPOA Negotiator
35
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HOLLISTER
AND
THE HOLLISTER PEACE OFFICERS ASSOCIATION (H.P.O.A.)
JULY 1, 2026- JUNE 30, 2027
Table of Contents
SECTIONS
PAGE
Table of Contents 1
ARTICLE 1. PREAMBLE 4
ARTICLE 2. NO DISCRIMINATION 4
ARTICLE 3. RECOGNITION 4
ARTICLE 4. MAINTENANCE OF BENEFITS 4
ARTICLE 5. SALARY AND SPECIAL COMPENSATION 5
A. Salary Schedule 5
B. Deferred Compensation Plan 5
C. Longevity Bonus 5
D. Standby Assignment 6
E. Retirement 6
F. Retiree Medical Trust (RMT) 8
G. Overtime 10
H. Call Back Pay 11
I. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing 11 J. Bilingual Allowance 11
K. Field Training Officer Assignment 12
L. Senior Police Officer 12
M. Master Police Officer 13
N. Detective Assignment 14
O. Motorcycle Pay 14
P. Shift Differential 15
Q. Retention Bonus Program 15
R. Recruitment Measures 15
ARTICLE 6. INSURANCE 16
A. CaIPERS Medical 16
B. Health Insurance Options 16
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan 16 D. Terms for Health Care Participation 18
E. Health Care Contributions 18
F. Vision Insurance 18
G. Dental Insurance 18
H. Life Insurance 18
I. Long Term Disability Insurance 18
1
J. Health Insurance Waiver Option 19
K. Optional Health Benefits 19
L. Flexible Spending Accounts (FSA's) 20
M. Voluntary Life Insurance 20
N. Miscellaneous 20
ARTICLE 7. POST CERTIFICATES / EDUCATIONAL INCENTIVE / PROFESSIONAL DEVELOPMENT INCENTIVES 20
A. Post Certificates — Sworn 20
B. Education Pay — All Unit Employees 21
C. Professional Development Incentives — Non -Sworn 21
ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT 22
A. Job Related Disabilities 22
B. Americans With Disabilities Act 22
ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT 23
A. Uniform Allowance 23
B. Boot Allowance 23
C. Safety Equipment 23
ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL 23
A. Definition 23
B. Stale Grievance 24
C. Informal Discussion with Employee's Supervisor 24
D. Formal Written Grievance to Employee's Supervisor 24 E. Grievance to Department Head/City Manager 24
F. Waiver of Appeal Steps 24
G. Advisory Fact Finding of Grievances 25
H. Selection of a Fact Finder 25
I. Duty of a Fact Finder 25
J. Payment of Costs 25
K. Effect of Failure of Timely Action 25
ARTICLE 11. LEAVES 25
A. Bereavement Leave 25
B. Family Sick Leave - Within Existing Benefit 26
ARTICLE 12. LAYOFF 27
A. Order Of Layoff 27
B. Seniority Determination 27
C. Re-employment 28
2
ARTICLE 13. MISCELLANEOUS 28
A. Personnel Notices 28
B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program 28 C. Vacation Accrual And Vacation Allowance 29
D. CaIPERS Credit For Unused Sick Leave 30
E. Sick Leave Conversion To Cash 30
F. Probationary Period 30
G. Separation in Good -Standing 31
H. Recruitment Incentives for Sworn Personnel 31
I. Work Schedules 31
J. Police Funeral Attendance 32
K. New Employee Orientation 32
L. Automatic Payroll Deposit 32
ARTICLE 14. MAINTENANCE OF OPERATIONS 32
ARTICLE 15. PREVAILING M.O.0 32
ARTICLE 16. HOLIDAYS AND HOLIDAY PAY 33
ARTICLE 17. DRUG FREE WORKPLACE POLICY 33
ARTICLE 18. SAVINGS CLAUSE 33
ARTICLE 19. UNION BUSINESS 34
ARTICLE 20. TERM 34
3
EXHIBITS
Exhibit A Revised Police Department Performance Evaluations Attachment ARTICLE 1. PREAMBLE
This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as City, and the Hollister Peace Officers Association, hereinafter referred to as Association.
This Memorandum of Understanding hereinafter referred to as M.O.U., is subject to Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers- Milias-Brown Act, and the Employer -Employee Relations Resolution of the City of Hollister.
ARTICLE 2. NO DISCRIMINATION
The City and the Association will cooperate in pursuing a policy of no discrimination of affirmative action. Any management established City advisory employee committee relating to affirmative action shall provide for Association representation on said committee. The City and Association further agree that no person employed by, or applying for employment, shall be discriminated against because of race, religion, creed, political affiliations, color, national origin, ancestry, age, or sex, unless defined as a bona -fide occupation qualification as defined by Federal or State law. The employer also agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Association. Any employee alleging a violation of this article shall have the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.
ARTICLE 3. RECOGNITION
Pursuant to Section 3500-3510 of the Government Code, the City certifies the Association as the recognized employee organization for a unit including the sworn classifications of Police Officer, , Police Sergeant, Police Lieutenant and the non -sworn classifications of Animal Control Officer, Animal Control Officer Assistant, Animal Control Supervisor, Police Officer Trainee, Community Services Officer, Police Services Officer, Multi -Services Officer, and Police Services Supervisor.
ARTICLE 4. MAINTENANCE OF BENEFITS
The articles included in this agreement constitute a full and complete agreement with the City and Association on all matters within the scope of representation for the period stated in Article
20. Term. All present resolutions, ordinances, rules and regulations, practices and policies covering matters within the scope of representation will continue in force and effect during said period without change, except to conform to the terms of this M.O.U., subject to meet and confer. Notice of any matter proposed to be changed will be provided to the Association in a timely fashion.
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ARTICLE 5. SALARY AND SPECIAL COMPENSATION
A. Salary Schedules
Fiscal Year 2026-2027 — Effective the first day of the first payroll period following Association ratification and City Council approval of this MOU, all positions shall receive a zero percent (0.00%) wage increase to base salary.
Supervisor Salary Separation
a. The City agrees to maintain a fifteen percent (15%) salary differential between the Police Sergeant and Police Officer during the term of this M.O.U. b. The City agrees to maintain a fifteen percent (15%) salary differential between the Police Services Supervisor and Police Services Officer during the term of this M.O.U.
B. Deferred Compensation Plan
The City shall continue, during the term of this M.O.U., to provide a voluntary Deferred Compensation Plan for all employees of this unit.
C. Longevity Bonus
1. Non -Sworn Employees
Non -sworn members in this bargaining unit, who complete the following specified consecutive years of service prior to or after the effective date of this MOU, shall be paid the following:
Number of Consecutive Years Longevity Bonus
5-9 years Three percent (3%) of base salary
10-14 years Six percent (6%) of base salary
15-19 years Nine percent (9%) of base salary
20 or more years Twelve percent (12%) of base salary
2. Sworn Employees
Sworn employees may contribute to the PORAC Retiree Medical Trust by contributing on their own behalf.
Sworn members in this bargaining unit, who complete the following specified consecutive years of service, shall be paid the following:
Number of Consecutive Years Longevity Bonus
5-9 years Three percent (3%) of base salary
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10-14 years Six percent (6%) of base salary
15-19 years Nine percent (9%) of base salary
20 or more years Twelve percent (12%) of base salary
D. Standby Assignment
The City reserves the right to assign employees in sworn classifications to standby (on -call) status during non -work hours, including weeknights, weekends, and holidays. Employees assigned to standby are required to be available for immediate return to work upon notification by a supervisor or a Police Department Communications Dispatcher.
When assigned to standby, the following conditions will apply:
a. The employee shall be available at all hours by telephone or pager. b. The employee shall be able to respond to work in a reasonable amount of time. c. The employee shall refrain from activities which would impair the ability to respond to emergency situations. Impairment shall be defined by Police Department administrative policies, including pertinent Lexipol policies Standby assignments shall be scheduled as far in advance as possible and the City will attempt to evenly distribute the standby assignments to the extent possible. The parties understand, however, that adjustments to standby assignments may be necessary due to illness, staffing levels, or other needs of the department. The meet and confer process shall be utilized prior to any changes to the standby procedures or policies.
Employees assigned to standby assignment shall receive one hour of compensation, paid at one and one half (1 1/2) their regular rate of pay, for each day so assigned.
Any employee in a sworn classification who is assigned to standby (on -call) duty and that fails to report when called to respond shall not be eligible for the Standby Assignment pay differential and shall also be subject to the progressive discipline process as outlined in the HPOA MOU and/or City policy.
The City will make reasonable efforts to accommodate unpredictable events outside of the employee's control in the event an employee fails to fully perform standby and/or call-back duties.
E. Retirement
1. Sworn Unit Contributions
Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CaIPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CaIPERS "3% @ age 50" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.
Tier 2
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b. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CaIPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CaIPERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.
Tier 3
c. Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.
2. Non -Sworn Unit Contributions
Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CaIPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CaIPERS "2.5% @ age 55" Retirement Benefit Plan shall pay eight percent (8%) of their Compensation as part of the Employees' contribution.
Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CaIPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CaIPERS "2% @ age 60" Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees' contribution.
Tier 3
c. Effective on or after Januaryl , 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.
3. 1959 Survivor's Death Benefit
The City agrees to continue the Fourth Level of the CaIPERS 1959 Survivor's Death Benefit for all eligible unit members represented by the Association. The City further agrees to continue to pay the employer rate contribution with the employees represented by the Association continuing to pay the member rate contribution.
4. One Year Final Compensation Benefit
a. The City agrees to continue the CaIPERS Section 20042 "One Year Final Compensation" benefit for eligible Non -Sworn (Local Miscellaneous Members as defined by CaIPERS) and Sworn Association Members.
b. The City shall pay all of the employer contributions to CaIPERS for each eligible member of the Association for this benefit.
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5. Modifications
The City agrees not to make any other modifications in the current CaIPERS contract without a vote of all affected employees.
F. Retiree Medical Trust (RMT)
1. Participation. The Hollister Police Officers' Association will establish participation in a retiree medical plan administered by the PORAC Retiree Medical Trust, and the cost of establishing the Trust shall be at no cost to the City. The City is not a party to the Trust, aside from transferring funds, and has no obligations to the management, regulatory compliance or performance of the Trust,
2. Payroll Contribution to the PORAC Retiree Medical Trust. The City will comply with rules and polices set by the Trust Office in regard to payment of contributions. a. Employee Contributions. The City will transfer a mandatory pre-tax employee contribution of $100.00 per month for each employee currently working in the bargaining unit represented by the Association. As the same predetermined dollar amount will be contributed on each employee, no employee election forms designating the amount will be needed, allowed or requested; and there shall be neither an employee election to opt in or out of employee contributions, or to determine the amount of the contribution.
b. Retirement Credit. The contribution shall be included as salary for the purpose of calculating retirement benefits.
c. Remittance of Employee Contributions. The contributions discussed in this section shall be paid by ACH transfer to the Trust's bank account in accordance with the rules set by the Trust Office.
d. Deadline to Remit Employee Contributions. The contributions discussed in this Section B shall be remitted to the Trust as required herein no later than 30 days after the payroll payment date.
e. Late Contributions. If the contributions required under this MOU are paid later than the 90th day after the payroll payment date to which the contributions are related, interest will be charged to the City on all contributions at the rate provided by applicable law, for the period starting with the payroll payment date.
3. Reporting and Audit Rules. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and transferring the required contributions set forth above. a. Demographic Information Report and Updates.
Initial Report. City shall electronically provide an initial report of demographic information, which shall include: Social Security Number (or unique identifier), first name, last name, gender, address (city, state, zip code), contact information (email address 8
and phone number), birth dates, and hire dates, for all participating employees.
ii. Updates. City shall send updates to this information to the Trust Office whenever the City has notice of changes to the information and also whenever the City has a newly hired employee included in the Regular Contribution Report, or has dropped a terminated employee.
iii. Deadline. The City shall send the Demographic Information Report under this Section a.i within 15 days of the first contribution to the Trust. The City shall send updates to this report within 15 days of receipt of the updates to the information included in the Demographic Information Report or within 15 days of including a new employee on the Regular Contribution Report. This
Demographic Information Report shall be furnished in the format that the Trust Office requests.
b. Regular Contribution Report. The City shall electronically submit to the Trust Office a Regular Contribution Report with each transfer of contributions to the Trust. This Regular Contribution Report shall be sent in the format requested by the Trust, and received by the Trust Office within five (5) days of each receipt of contribution funds. This Regular Contribution Report shall include the data that the Trust Office requests concerning employees and contributions, including at least:
i. Leave funds. Identify the employees receiving a transfer of leave funds to the Trust and the amount received on behalf of each employee; and
ii. Terminations. The reason that an employee was dropped off of the Regular Contribution Report, e.g., involuntary termination, voluntary termination, retirement, resignation, promoted out of bargaining unit, leave without pay.
c. Failure to Provide Reports. The City hereby acknowledges that the Trust may refuse to accept contributions or take other legally permissible actions with respect to the City's contributions and employees' benefits from the Trust if the City does not comply with the Trust Office's rules regarding the aforementioned contribution reports.
d. Payroll Audit. The City and Hollister Police Officers' Association hereby acknowledge receipt of the Trust Agreement governing the Trust and will cooperate with the Trust in allowing a payroll audit for the purpose of ascertaining if the proper amount of contributions have been made. The City and Hollister Police Officers' Association shall timely cooperate with the Trust Office's audit rules and any requests made or authorized by the Trust's auditor.
4. Exclusive Purpose of Trust. The monies contributed to the Trust shall only be used for retiree health insurance premiums or health care expenses, as allowed by law. There shall be no employee election/option available to take such amount in unrestricted cash.
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5. Separate Trust. The purpose of this Trust shall be to provide for retiree health care expense reimbursement benefits. The Trust shall be and remain separate and apart from any City health insurance funding program, unless changed by mutual written agreement of the parties.
The Association shall have the option, during the term of this Agreement, to direct City to prospectively increase the employee contribution rate in Section 2.a by some multiple of $25 for each employee, subject to approval of the Association members according to the Association's internal rules and as long as the modification is mandatory for all employees covered by this Agreement. The Association will give the City sixty (60) days' notice of a change in employee contributions
6. Renewal or Ratification of Memorandum of Understanding. Following the renewal or ratification of this Memorandum of Understanding, the City or Association shall electronically send the executed Memorandum of Understanding to the Trust Office within 14 days of such renewal or ratification. At the same time, the City and Association shall each provide the Trust Office with the name, phone number, and email address of the person(s) that the Trust Office should contact with any questions regarding the Trust.
G. Overtime
1. An employee authorized or required to work overtime in excess of the assigned scheduled shift shall be compensated for either compensatory time or overtime compensation at the additional rate of time and one-half.
2. At the time overtime is worked, the employee has the option to request either overtime compensation or compensatory time.
3. Unit members may accrue up to a maximum of two hundred eighty (280) hours of compensatory time. Unit members may not take more than sixty (60) hours of accrued compensatory time in conjunction with any other accrued leave balances. An employee in this unit shall be allowed to cash out any portion or all of their compensatory time balances at any time.
4. Whether or not the requested compensatory time is granted, in lieu of overtime pay, shall be at the sole discretion of Management.
5. Requests for compensatory time off should be made to an employee's immediate supervisor a minimum of five (5) work days prior to the beginning of the first work day requested off.
6. Management shall approve or reject a request for compensatory time off within two (2) management working days of the request.
7. The City agrees that additional hours devoted to training, the employee has the option to request either overtime compensation or compensatory time at the rate of time and one-half.
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H. Call Back Pay
1. Any member of this unit who is called back to work after he/she has worked their scheduled shift and has departed from the place of employment shall be compensated for a minimum of 3 hours at their overtime rate of pay, regardless of the actual time worked, unless the employee's actual time exceeds this minimum.
2. If the actual time worked exceeds the minimum guaranteed hours, the employee shall be compensated for all hours worked according to applicable overtime regulations and City policies.
Call Back Pay shall commence at the time the employee is contacted by a supervisor or their designee and shall conclude when the employee completes the assigned tasks.
I. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing
1. An employee of this unit who is required to attend/standby court/hearing shall be compensated a minimum of four (4) hours callback time at time and one-half, and for each hour thereafter at the employee's regular hourly rate of pay.
An employee of this unit who is required to be available by telephone for Court/DMV Hearing/Parole Hearing, shall be compensated a minimum of two (2) hours overtime at time and one-half, or one-half hour overtime at time and one-half for every hour on standby, whichever is greater.
J. Bilingual Allowance
Employees who perform technical bilingual skills (reading, writing and oral translation) for the benefit of the City on a regular and ongoing basis and who successfully pass a City - administered proficiency test shall receive an allowance based on the level(s) of bilingual competency listed below.
Level I — Oral Translation
For employees who demonstrate the ability to communicate effectively by way of successfully passing the oral proficiency test, shall receive an allowance of two hundred twenty-five dollars ($225.00) per month. Employees who become eligible for Level 1 will be required to serve as an oral translator on a regular and on -going basis, per the City's needs.
Level II — Written translation
For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred seventy-five dollars ($175.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department's need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Manager's approval.
Employees who become eligible for Level II will be required to serve s an oral translator and/or provide written translation in the course of the employee's duties on a regular and ongoing basis, per the City's needs. These employees may be called upon by other departments on an as need basis.
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Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (Le. City mailers, information brochures, inserts in City utility billings, social media, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.
K. Field Training Officer Assignment
Any personnel in a Sworn Police Officer classification, who is assigned as Field Training Officer shall receive premium pay of two and half percent (2.5%) of base salary while assigned to this position.
L. Senior Police Officer
The Chief of Police, at his/her own discretion, shall designate police officers/detectives as Senior Police Officer. To be eligible, officers/detectives must:
1. Not be on Probation or Special Evaluation, and;
2. Have a minimum of five (5) years total experience as a police officer, and;
3. Be recommended by Supervisors and Command Staff.
Qualification for designation of Senior Police Officer shall be based upon performance as reflected in the officer's/detective's previous performance evaluation, and is renewable on an annual basis. The minimum qualifying performance shall be based on the previous evaluation as follows:
OFFICERS
1. No "Below Standards" ratings, and;
2. At least fifty percent (50%) ratings as "Above Standards" or above in the following specific categories:
a. Section 2 "Quantity of Work," with at least one (1) "Above Standards" or above in either Subsection E (problem solving) or Subsection F (activity and service level);
b. Section 3 "Quality of Work";
c. Section 6 "Personal Relations"; and
d. Section 4 "Work Habits".
DETECTIVES
1. No "Below Standards" ratings, and;
2. At least fifty percent (50%) ratings as "Above Standards" or above in the following specific categories:
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a. Section 1 "Job Skills and Abilities", with at least one (1) "Above Standards" or above in either Subsection D (accomplish your share of the work) or Subsection G (assist in handling the workload of the unit);
b. Section 3 "Quality of Work";
c. Section 6 "Personal Relations"; and
d. Section 4 "Work Habits".
Failure to maintain the minimum qualifying performance may result in the suspension of the Senior Police Officer designation. Such suspension of the Senior Police Officer designation shall not constitute disciplinary action and shall not be appealable.
Senior Police Officers shall be eligible to serve as acting supervisors in the event no Police Sergeants are on duty or available. Unless designated as an acting supervisor, Senior Police Officers shall not exercise supervisory duties or authority.
Employees assigned in the capacity of Senior Police Officer shall receive premium pay in the amount of five percent (5.00%) of base salary per month.
Employees currently assigned to Detective Duty shall not be eligible for this Senior Police Officer premium pay.
Employees with a Master Police Officer designation, as described in the section below, may be assigned to serve as a Senior Police Officer. However, employees shall only receive one pay differential — either as a Master Police Officer or as a Senior Police Officer, not both.
Attached hereto is the revised Hollister Police Department Performance Evaluations (Exhibit B).
M. Master Police Officer
Effective the first full pay period after ratification of this MOU, the Master Officer Program shall be introduced.
To be eligible for initial designation as Master Police Officer, Police Officers must:
a. Not be on probation or Special Evaluation
b. Have a minimum of five (5) years' experience as a full-time Police Officer with the Hollister Police Department.
c. Have no "Below Standards" rating n their most recent evaluation. d. Have successfully completed one special assignment.
i. Special assignments that qualify for Master Police Officer designation include:
1. Detective
2. Mental Health Officer
3. Motor Officer
4. Canine Officer
5. School Resource Officer
6. 6. Any other regularly assigned specialty assignment as determined by the Chief of Police.
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ii. A special assignment will be considered successfully completed after service in that assignment for at least two 12 -month periods with no "Below Standards" evaluation ratings. The 12 -month periods need not be consecutive.
e. Have obtained POST certification as a Field Training Officer and served in that capacity with a trainee for at least 20 weeks.
i. If an employee is unable to serve as a Filed Training Officer solely due to a lack of hiring or other staffing reasons, the Chief of Police may assign other training -related duties (i.e. briefing trainings, in-service training) or other projects to satisfy the requirement to actually work as a Field Training Officer.
Master Police Officers will be expected to provide mentoring to new and current employees, serve as Field Training Officers.
Master Police Officers assigned as Detectives shall receive special compensation in the amount of two percent (2.00%) of base salary. Master Police Officers not currently assigned as Detectives shall receive special compensation in the amount of five percent (5.00%) of base salary.
N. Detective Assignment
The Chief of Police may appoint Police Officers and Sergeants to assignment as Detective.
Those so appointed shall serve at the pleasure of the Chief of Police and shall not gain any property interest in the assignment. Those assigned as Detective shall be paid a premium pay of five percent (5%) of base salary per month. Those assigned to the Special Investigations Unit (SIU) are also covered under this section.
O. Motorcycle Pay
Upon Management's assignment, an employee may be assigned to motorcycle duty. Those assigned shall be compensated a premium pay at three percent (3%) of base salary per month.
Employees assigned to motorcycle duty shall receive an annual stipend of $2,500 to cover all compensation associated with the time spent in an off -duty capacity for the routine daily storage and cleaning needs of their assigned vehicle and related equipment. However, this stipend shall be suspended and no payments shall be made during the term of this MOU (date agreement approved by City Council through June 30, 2026). The City shall remain responsible for the routine service (i.e. oil changes, etc.) and necessary repairs needed for all assigned vehicles. This payment shall be made the first full pay period after a member is assigned to motorcycle duty and annually thereafter.
Employees currently assigned to motorcycle duty shall receive a $2,500 stipend upon ratification of this MOU and annually thereafter.
The $2,500 stipend shall be considered full compensation for all overtime associated with the routine daily storage and cleaning needs of the City assigned vehicle.
P. Shift Differential
The City agrees to pay a premium pay shift differential of five percent (5.00%) of base salary per month for sworn personnel who work from 1800 hours to 0600 hours (one complete 14
shift). This differential pay shall only be received when the primary shift assignment is from 1800 hours to 0600 hours. The City agrees to pay a premium pay shift differential of five percent (5.00%) of base salary per month for sworn personnel who work a "cover" or "relief" shift. If during the term of this M.O.U. the patrol work week/shift schedule is different than the current twelve (12) hour shift schedule, this Section will be reopened and a "Meet and Confer" will occur to discuss which hours of any new work week/shift will receive the shift differential pay.
The Chief of Police shall maintain complete and unilateral control to assign and move personnel assigned to these shifts, such that no personnel under these assignments shall retain the five percent (5.00°/0) shift differential pay if reassigned.
Any such reassignments shall not constitute disciplinary action, and shall not be appealable.
Q. Retention Bonus Program
The City agrees to implement a retention bonus program that will prepay a five percent (5%) annual bonus to the Sworn members of the Association on the last pay period of December.
If an Association Member leaves within the year after receiving the bonus, that Member must reimburse the City a prorated share of that annual bonus.
R. Recruitment Measures
1. Recruitment Bonus
Entry Level/Academy Grad Action
Upon Hiring
Upon Completion of Probation (18 months)
Upon Completion of 1 Year After Probation Status Ends
Upon Completion of 2 Years After Probation Status Ends
Upon Completion of 3 Years After Probation Status Ends
Lateral Police Officer Action
Upon Hiring
Upon Completion of Probation (18 months)
Upon Completion of 1 Year After Probation Status Ends
Upon Completion of 2 Years After Probation Status Ends
Bonus Amount Paid
$3,000.00
$4,000.00
$5,000.00
$6,000.00
$7,000.00
Bonus Amount Paid
$5,000.00
$5,000.00
$10,000.00
$10,000.00
Recruiter Bonus: $2,000.00 ($1,000.00 at hire and $1,000.00 at completion of probation). A recruiter is defined as a person whom referred, recruited and mentored the candidate through hiring process and probation.
Any employee in the chain of hiring employees (HR employees, City Administration and Hollister Police Department Administration) shall be exempt from collecting any bonus related to hiring of personnel.
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2. Credit of up to 100 hours of Paid Time off (PTO) (sick leave or vacation employee's choice) determined by prior job position credit accrued, for any officer that possesses a Peace Officers Standard and Training (POST) basic certificate at the time of hire.
3. These measures would not be retroactive.
ARTICLE 6. INSURANCE
A. CaIPERS Medical
1. Retiree Insurance Benefit
The City shall pay Two Hundred Dollars ($200.00) per month towards medical insurance for Sworn Unit Retirees who have earned a regular CaIPERS Service Retirement after fifteen (15) or more years of service to the City of Hollister as a Sworn Officer. This benefit will be paid until the Retiree is Medicare eligible, at which time the benefit will cease. It is the Retiree's option as to which medical provider plan they use; either CaIPERS or Blue Cross HMO. Retirees may choose to remain on the City's plan or seek their own medical insurance, in which case the Two Hundred Dollars ($200.00) will be paid directly to the Retiree. This article will not apply to any new hires after November 1, 2017.
2. Description
The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter "Plan") is available to full-time employees (hereinafter "Employees").
There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.
B. Health Insurance Options
The City shall provide employees with the choice of participating in the Public Employees' Medical and Hospital Care Act (PEMHCA) program offered by CaIPERS.
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan
1. The City shall provide for unit members an IRS Code Section 125 Flexible Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.
2. The City shall contribute towards the PEMHCA medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.
3. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:
A. Beginning July 1, 2025, or after City Council approval of this MOU, whichever is later, the City will contribute the amount shown below:
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COVERAGE
CITY CONTRIBUTION
Employee Only
$1,342.94
Employee Plus One
$2,685.86
Employee Plus Family
$3,491.63
B. The City will contribute towards dental insurance in the following amounts:
COVERAGE
CITY CONTRIBUTION
Employee Only
$49.80
Employee Plus One
$100.63
Employee Plus Family
$135.91
C. The City will contribute towards vision insurance in the following amounts:
COVERAGE
CITY CONTRIBUTION
Employee Only
$14.15
Employee Plus One
$30.29
Employee Plus Family
$30.29
4. In the event that surplus Flex Credits are available, all Association Employees shall have the option to allocate such Flex Credits to one or more of the following:
a. Union Employees' Flexible Spending Account.
b. Roth Individual Retirement Account (IRA).
c. ICMA or City -authorized 457 Deferred Compensation Plan.
If an Association Employee's residual "Flex Credits" are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.
5. Employees who waive either dental and/or vision coverage shall have the option to apply available flex credits towards the cost of any optional premium listed in the respective sections below. The cost of the optional premium not covered by available flex credits shall remain the employee's responsibility.
6. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section [J] below.
D. Terms for Health Care Participation
Participation and coverage in the medical, dental, and vision care plans shall be in accordance with the terms and conditions of the insurance carrier.
E. Health Care Contributions
1. Employee -only Premium
The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee -only premium at the time of adoption of this MOU. The 17
employee -only premium for medical insurance shall be in accordance with Section [C] above.
2. Employee Option for Dependent Coverage
For employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage in accordance with Section [C] above.
3. This section does not affect the coverage year in effect at the time of City Council approval of this MOU.
F. Vision Insurance
The City shall provide a vision care insurance plan which is available to eligible unit members and qualified dependents during the term of this M.O.U.
The City shall offer vision care insurance for employees and qualified dependents as a pre- tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.
G. Dental Insurance
The City shall offer dental care insurance for employees and qualified dependents as a pre- tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.
H. Life Insurance
The City shall provide term life insurance in the amount equal to $50,000 for each member of the unit for the term of this M.O.U. Additional term life insurance may be purchased by the employee in increments of $10,000 up to a total of $250,000.
I. Long Term Disability Insurance
The City agrees to provide to all employees within this unit at City cost a Supplemental Long Term Disability Plan, coordinated with other existing benefits to provide no more than a thirty (30) day exclusion or elimination period; no less than a one-year benefit for accident or illness; and a minimum scheduled benefit of sixty-six percent (66%) or two-thirds (2/3) of gross salary to a maximum of $3,500.00 per month for the term of this M.O.U. The City in its sole discretion shall select the Supplemental Long Term Disability Plan carrier that meets these requirements.
J. Health Insurance Waiver Option
1. Employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:
$535 Employee Only
$1,075 Employee plus one
$1,380 Employee plus family
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The compensation will be based on the employer's contribution towards the premiums for the City's health plan at the level corresponding to the employee's verified coverage level (employee only, employee plus one dependent, or employee plus two or more dependents). To receive this benefit, employees must submit documentation demonstrating their enrollment in a qualified non -City health insurance plan at the applicable coverage level. This documentation must be provided at the time of waiver and during any subsequent verification periods as specified in Section [3] below. Upon verification of coverage, this cash amount will be paid as part of the employee's bi- weekly payroll.
2. Employees within this bargaining unit shall be eligible to elect not to participate in the City's health care program only after participating under the same level of the City's health care insurance plan for a minimum period of one year immediately preceding the election.
3. Employees within this bargaining unit electing not to participate in the City's health care insurance program must annually provide proof of medical insurance coverage and verify any dependents as if they were receiving coverage through the City in order to maintain payment under this waiver option.
4. In addition to the coverage options specified under Article 6. Insurance of the Memorandum of Understanding between the City of Hollister and Hollister Police Officers Association, the following optional health benefits shall be available to the employees of this bargaining unit.
K. Optional Health Benefits
Employees that have elected to participate in a City offered medical plan can also elect to participate in the optional benefits. If the employee has any surplus flex credits after making all elections required to participate in the medical insurance, the employee can use that surplus toward optional qualified insurance benefits or one or both of the pre-tax spending accounts. Employees that wish to participate in the optional benefits plan, but do not have any surplus credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections.
Employees may pay the premiums for the following benefits on a voluntary basis:
Medical Insurance
Dental Insurance
Vision Insurance
Group Term Insurance up to $50,000 for Employees only
Accidental Death and Dismemberment Insurance
Short Term Disability
Cancer Insurance
Supplemental Health Insurance
Accidental Only Insurance
Intensive Care Insurance
L. Flexible Spending Accounts (FSA's)
The City agrees to offer a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law.
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The City agrees to offer a pre-tax medical reimbursement account, up to the maximum reimbursement allowed by law.
M. Voluntary Life Insurance
The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier. Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.
N. Miscellaneous
The City of Hollister does not allow the employee to take the surplus credits in taxable cash.
For employees who elect not to participate in the group medical coverage offered by the City, the City will provide dental and vision coverage subject to the limits placed in Section C.3.B & C above.
ARTICLE 7. POST CERTIFICATES / EDUCATIONAL INCENTIVE
/ PROFESSIONAL DEVELOPMENT INCENTIVES
A. POST Certificates — Sworn
1. Acknowledging the merits of POST Certifications, the City agrees to pay the following amounts in addition to base pay for unit members permanently filling the classification of Police Officer:
a. Intermediate P.O.S.T. Certificate - Three percent (3%) of base salary per month, or b. Advanced P.O.S.T. Certificate - Six percent (6%) of base salary per month.
2. The City agrees to pay the following amounts in addition to base pay for unit members permanently filling the classifications of Police Sergeant and Police Lieutenant:
a. Advanced P.O.S.T. Certificate — Six percent (6%) of base salary per month, or b. Supervisory P.O.S.T. Certificate — Seven percent (7%) of base salary per month.
3. Commencement of Payments
POST Certificate payments shall commence the pay period following submission of proof of completion to Human Resources. It is the employee's responsibility to provide these documents to Human Resources in a timely manner.
4. Eligibility
Employees can only receive POST Certificate pay when the minimum requirements of their job does not include they posses a certain POST Certificate. (Example: If a minimum requirement of a job includes possession of a POST Intermediate Certificate, that employee would not be eligible to receive a pay differential for meeting minimum qualifications of the job.)
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B. Education Pay — All Unit Employees
1. Acknowledging the merits of continued education, the City agrees to pay the following amounts in addition to base pay:
a. BA or BS Degree — Two and one-half percent (2.5%) of base pay.
2. Commencement of Payments
Educational incentive payments shall commence the pay period following submission of proof of completion to Human Resources. It is the employee's responsibility to provide these documents to Human Resources in a timely manner.
C. Professional Development Incentives - Non -Sworn
1. Non -sworn employees shall be eligible to receive a one-time incentive for obtaining certificates provided the employee has completed his/her probationary period. A Professional Development Incentive shall not be awarded if the certifications are a minimum requirement for the position.
Certificates must relate to the employee's current position or future lateral or promotional opportunities within the City.
Vocational Training, for purposes of this Section, is defined as a minimum of eight (8) hours of specific training in a career field which results in a certificate of completion. The minimum eight (8) hours shall be documented classroom time, or in the case of a correspondence program will be identified as the average length of time required to complete the program certification as documented by the certifying agency or institution.
A maximum of two (2) incentives per calendar year can be received by an employee. a. Professional Certificates - $2,500 Lump Sum:
Certified Public Accountant
Paralegal Certificate
b. Technical Certificates* - $2,000 Lump Sum:
Microsoft Office User Specialist (MOUS)
Evidence Technician Certification
Certified Code Enforcement Officer
c. Vocational Certificates* - $20.00 per hour, Lump Sum:
{Paid by average length of time required to complete course. Lump sum payment to be a minimum of $160.00 [eight (8) hours].}
Spreadsheet - Microsoft Excel
Word Processing - Microsoft WORD
Database - Microsoft Access
Presentation Graphics - Microsoft PowerPoint California POST Certified courses LEAWEB Online Tutorials
CA Association of Code Enforcement Officer Courses
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* Additional courses/classes may be approved by the Chief of Police.
2. Professional Development Incentive payments shall commence on the next pay period following the issuance of the Degree and/or certification after submission to the Chief of Police.
ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS
WITH DISABILITIES ACT
A. Job Related Disabilities
City agrees to comply with applicable provisions of the Labor Code of the State of California for employees within this unit deemed disabled or temporarily disabled as a result and because of such job related injury which requires them to be absent from active City service.
B. Americans with Disabilities Act
The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City. Prior to taking action, the City shall notice the Association of a proposed accommodation, as it may apply to the working conditions of the unit, and shall give the Association opportunity for input. Actions taken by the City under this Article shall not be subject to the grievance procedure.
ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT
A. Uniform Allowance
The City agrees to provide new hires attending the Academy all necessary uniforms. For all other new hires, the City agrees to provide two sets of uniforms upon hiring. If a unit member chooses to acquire any uniform items above this amount, that unit member shall pay out-of-pocket for those costs at no expense to the City.
The City also agrees to contribute forty-five dollars ($45.00) per pay period, for each unit member, to cover all ongoing uniform costs.
Unit members shall use this uniform allowance to regularly maintain and/or replace their uniforms as needed. Unit members are responsible for maintaining and replacing uniforms to meet the standards of the Police Chief.
B. Boot Allowance
The City agrees to provide each employee in the unit with an annual reimbursement up to three hundred dollars ($300.00) per year upon presentation of satisfactory proof -of - 22
purchase. Reimbursement will be made upon presentation of satisfactory proof -of -purchase for boots or over-the-counter or prescription orthotics which are approved and authorized by City management. Used boots that were purchased in the prior four years are the property of the City and shall be returned to the City. Used boots that were purchased four or more years prior may be retained by the employee upon replacement.
Employees may use all or a portion of the boot allowance for necessary repairs of existing boots, including insole or outsole replacement, recrafting, or other repair services. In no case shall the boot allowance for repairs and / or purchases exceed three hundred dollars ($300.00) per year.
C. Safety Equipment
The City agrees to continue to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.
ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL
This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by sworn employees covered by this M.O.U.
A. Definition
A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this agreement which adversely affects the grievant.
B. Stale Grievance
A grievance shall be void unless filed in writing within fifteen (15) calendar days from the date upon which the City is alleged to have misinterpreted or misapplied this agreement, or with fifteen (15) calendar days from the time an employee might reasonably have been expected to have learned of the alleged misinterpretation or misapplication. Such discovery period shall not exceed one hundred eighty (180) days regardless of the date of discovery.
In no event shall a grievance include a claim for money relief for more than the fifteen (15) day period plus such reasonable discovery period.
C. Informal Discussion with Employee's Supervisor
Before proceeding to the formal grievance procedure, an employee shall discuss his/her grievance with his/her immediate supervisor in private and attempt to work out a satisfactory solution. Any solution reached at this level must be confirmed in writing by the Human Resources Officer to assure compliance with this agreement before it has any binding effect.
D. Formal Written Grievance to Employee's Supervisor
If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by 23
the recognized employee organization, its initial submission will be to the Department Head and subsequent steps will be followed as outlined in this Section.) The formal written grievance shall specify the provisions of this M.O.U. alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.
E. Grievance to Department Head/City Manager
The Department Head or the City Manager, if the Department Head was the grievant's immediate supervisor, shall have seven (7) working days in which to review and answer the grievance in writing. Unless waived by mutual agreement of the employee or his/her representative and the Department Head or City Manager, a meeting is required at this level and the employee and his/her representative shall have the right to be present and participate in such a meeting. The time limits at this level may be extended by mutual agreement between the Department Head or City Manager and the employee or his/her representative.
F. Waiver of Appeal Steps
If the grievance is not resolved after the immediate supervisor has answered it in writing, the grievant(s) and the Department Head may, by mutual agreement, waive review of the grievance at Step E and proceed to present the grievance to the City Manager.
G. Advisory Fact Finding of Grievances
In the event the grievance is not resolved by the City Manager, the recognized employee organization may within fifteen (15) calendar days after receipt of the decision of the City Manager, request that the grievance be heard by a Fact Finder.
H. Selection of a Fact Finder
The Fact Finder shall be selected by mutual agreement between the City and the Association. If the parties are unable to agree on the selection of a Fact Finder, they shall jointly request the State Mediation and Conciliation Service to submit a list of five (5) qualified Fact Finders. The City and the grievant, or his/her representative, shall then alternately strike names from the list until only one name remains, and that person shall serve as Fact Finder.
I. Duty of a Fact Finder
1. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the Fact Finder to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a proposed disposition of the grievance which shall be advisory in nature.
2. The proposed disposition shall be based solely on the interpretation of the applicable provisions of the M.O.U. and other Personnel Rules if applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the M.O.U. or such Rules.
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J. Payment of Costs
Each party to a hearing before a Fact Finder shall bear its own expenses in connection therewith. All fees and expenses of the Fact Finder shall be borne one-half by the City and one-half by the grievant. If the City does not implement the proposed disposition of the grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.
K. Effect of Failure of Timely Action
Failure of the employee(s) to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.
ARTICLE 11. LEAVES
The City shall continue the current sick leave and bereavement leave rules as defined in this Article for the term of this M.O.U.
A. Bereavement Leave
Bereavement leave is a separate paid leave which is available to all employees at the time of death or funeral of a member of the employee's immediate family as defined below:
Wives/Husbands
Grandparent(s)-in-law
Grandchildren
Fathers
Aunts
Fathers-in-law
Brothers
Nieces
Brothers-in-law
B. Family Sick Leave - Within Existing Benefit
Grandparent(s)
Children
Legal guardians
Mothers-in-law
Mothers
Uncles
Sisters-in-law
Sisters
Nephews
An employee may be granted up to a total of forty (40) hours of sick leave in a twelve (12) month period for the purpose of caring for a spouse, parent, or children as defined below.
The City Manager can make exceptions to the below upon request of an individual. This exception by the City Manager can include domestic partners.
1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.
2. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in (3.) below. This term does not include parents "in law".
3. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "Incapable of Self -Care because of a Mental or Physical Disability." 25
a. "Incapable of Self -Care" means that the individual requires active assistance or supervision to provide daily self -care in three (3) or more of the "activities of daily living"' (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc. b. "Physical or Mental Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.
c. Persons who are "In Loco Parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
d. For purposes of confirmation of family relationship, the employer may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc. The employer is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose.
ARTICLE 12. LAYOFF
The City shall have the sole right to determine which class(es) shall be subject to layoff.
A. Order Of Layoff
1. The order of layoff of employees within a class or classes subject to layoff, shall be:
a. Provisional or Temporary Employees
b. Part-time Employees
c. Probationary Employees
d. Permanent Employees
2. Within each of the first three (3) categories, the order of lay-off shall be at the discretion of the Appointing Authority. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first. Among employees with equal seniority, the order of layoff shall be determined by the Appointing Authority.
B. Seniority Determination
1. Each employee shall receive one (1) point per full month of service in the classification the employee is working at the time a layoff is being imposed. In addition, the 26
employee shall receive one-half (1/2) of a point per full month of service in any other unit classification, which the employee has worked and one -quarter (1/4) of a point per full month of current services in any non -bargaining unit classification. The total of such points shall determine the employee's seniority.
2. Employees subject to layoff may first displace employees of lower seniority in any comparable classification, as determined by the City Manager. As a second alternative to layoff, employees subject to layoff may take a voluntary demotion to any lower classification within the same division of the unit in which the employee had prior permanent status, provided a vacancy exists, or the demoted employee has higher seniority than an employee working in that classification. As a third alternative to layoff, an employee subject to layoff may take voluntary demotion to a vacant position in a lower classification provided the employee can, through a non-competitive examination, establish proof to the satisfaction of the appointing authority that he/she is capable of performing the job.
3. In the event the demoted employee in all the above alternatives has equal seniority with the least senior employee working in the lower classification, the employee to be laid off shall be determined by total seniority with the unit. If such unit seniority is also equal, the employee to be laid off shall be determined by the appointing authority.
C. Re-employment
Employees laid off or demoted in lieu of layoff shall have a priority right of return to their prior class or to any lower class in the same or comparable classification series. This right shall remain effective for two (2) years from the date of demotion or separation from the service.
The only exception being that any individuals that have been separated from the City will have to meet the current medical and background requirements.
ARTICLE 13. MISCELLANEOUS
A. Personnel Notices
Police Department management shall notice all officers of any intra departmental promotional possibilities and exams thereto at least thirty (30) days in advance of any exam or record review leading to such promotion.
B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program "Tuition Aid" is defined as a full or partial payment or reimbursement of registration fees and the minimum requirement of tests for specialized individual academic training which is related to the employee's current job or which prepares an employee for a promotional opportunity within City service. Texts purchased for training by the City will become the City's property upon completion of the training. The individual will have the option of purchasing the texts from the City.
1. Tuition aid for specialized training shall be made to the employee only upon evidence of completion of the training. In those instances, where it is desirable because of the nature of the training to advance tuition aid, a Department Head may request payment of tuition aid prior to the training.
2. Tuition aid for academic training shall be made to the employee only upon evidence of satisfactory completion of the training. Satisfactory completion will be considered a 27
grade of "C" or better, or a grade of pass in a pass/fail grading system.
3. The following procedure shall apply for obtaining tuition aid. a. Employees who desire tuition aid for specialized individual training or academic training shall submit their requests to their department head. b. Requests will be reviewed by the Department Head and forwarded with recommendation to the Human Resources Officer for authorization. Requests for aid and costs shall be processed within the administrative section of the department's budget. Prior authorization of the Human Resources Officer must be obtained before the training starts in order for the employee to qualify for the tuition aid. Employees will be required to pay the tuition costs themselves, prior to the course, but will be reimbursed if the course is authorized and successfully completed as provided for herein. When the training is completed, evidence of satisfactory completion of the training must be submitted to the Human Resources Officer for the purpose of obtaining reimbursement.
c. An employee being subsidized by another agency, either governmental or private, shall receive tuition aid only to the extent not reimbursed by such other agency.
4. The City will pay a maximum of Three Thousand Five Hundred Dollars ($3,500.00) per fiscal year to any eligible unit member that meets the above listed criteria for tuition aid.
5. A Tuition Reimbursement Advancement Program would allow police personnel who are in good standing, have completed their probationary period and has received approval form their supervisor to have amounts in excess of the Three Thousand Five Hundred Dollars $3,500 in one year.
The program would require the employee to enter into an employment contract with the city. The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.
Example: an employee has tuition and book cost of (Seven Thousand Dollars) $7,000.00 to finish his/her Bachelor's degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, (Seven Thousand Dollars) $7,000.00 is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.
C. Vacation Accrual And Vacation Allowance
1. The City agrees to provide vacation leave accrual for each represented unit member as follows:
Years of Service
Accrual
1st through completion of 3rd
4th through completion of 7th
8th through completion of 15th
28 Annual Vacation
12 Days
17 Days
22 Days
16th through completion of 20th
beginning of 21st Year
24 Days
27 Days
2. Upon prior written approval by the City Manager, vacation accrual beyond two hundred eighty (280) hours may occur.
3. Unit Members may cash out vacation leave hours in increments of ten (10) hours as long as it has been budgeted and must have the City Manager's Approval. Compensation for vacation leave cashed out will be made at the employee's rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Department of Administrative Services at least thirty (30) days in advance.
Payments of cashed -out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.
4. Effective upon council approval of this agreement, lateral officers shall also accrue vacation time based on total time of service as a full time peace officer within the State of California. The City may approve, on a case by case basis, sworn peace officer service at the Federal level or out-of-state. This section may increase a current employees accrual rate going forward and will not result in any adjustment to previously accrued hours.
D. CaIPERS Credit For Unused Sick Leave
The City shall continue to provide the CaIPERS Section 20965 "Credit For Unused Sick Leave" benefit for Police - Safety members as recognized by PERS, for the term of this agreement.
E. Sick Leave Conversion To Cash
Eligible unit employees may convert a percentage of accrued, unused sick leave to cash at death or retirement from City employment. The provisions for this policy are as follows:
1. Employees of this unit may not "cash out" or be compensated for any of the first two hundred forty (240) hours of sick leave accrued.
2. Any current employee of this unit having completed ten (10) years of continuous service with the City and who retires from City service by filing for Service Retirement with CaIPERS, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of retirement from City service.
The surviving spouse, beneficiary(s), dependent(s) or estate of any current employee of this unit who has completed ten (10) years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of death.
Any current employee of this unit having completed ten (10) years of continuous service with the City and having an unused sick leave accrual balance exceeding five hundred (500) hours may, at their option, "cash out" up to a maximum of ninety-six (96) hours (12 29
days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than five hundred (500) hours.
Compensation for unused, accrued sick leave will be made at the employee's rate of pay at the time of "cash out". Requests for payment of unused sick leave as described herein, shall be made in writing to the Finance Department at least thirty (30) days in advance of June 1st and December 1st of each year.
Payments of "cashed out" unused sick leave will be made on the first pay day which follows June 1st and December 1st of each year.
F. Probationary Period
1. All new sworn -unit members that are hired after the adoption of this M.O.U. will serve an eighteen (18) month probationary period.
2. All members who leave the City's employment and return to the City within one (1) year (364 calendar days) will be placed on a three (3) month probationary period as long as the employee:
a. Left the City of Hollister in good standing; and
b. Achieved at least "satisfactory" on their last evaluation with the City of Hollister.
G. Separation in Good -Standing
A sworn employee who separates in good -standing from the City of Hollister Police Department, and within one (1) year submits an application to the City, will not be required to submit to an oral board as part of the application process. However, the applicant will remain subject to P.O.S.T. regulations.
H. Recruitment Incentives for Sworn Personnel
The following are recruitment incentives for Sworn Personnel:
1. New sworn employees will receive an advance of forty (40) hours of sick leave effective the date of employment. Accrual of future sick leave will begin six (6) months from the date of hire.
2. A One Thousand Dollars ($1,000) moving allowance will be provided to new employees who, when hired, lived one hundred (100) miles or more from the Hollister City Limits and who, upon successfully completing probation, have moved and are current residents of San Benito County. Employees who qualify must provide written proof of their primary residency within San Benito County.
I. Work Schedules
1. Non -Sworn Unit Classifications
a. Flexible Work Schedules:
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Non -sworn members may work flexible work schedules (Le., 4/10, 9/80) when feasible. It is agreed that implementation of flexible work schedules shall be evaluated on a work unit basis, and will only be approved in those units where flexible work schedules can be implemented without reducing service levels and cost effectiveness. A change to a flexible work schedule must be approved by the member's supervisor and the Chief of Police.
b. Temporary Flexible Schedule:
Non -sworn members may request to temporarily flex their normal work schedule or workday (i.e., an earlier start to and/or end of the workday, doctor appointments, child care needs, etc.) with the approval of their supervisor.
2. Sworn Unit Classifications
a. Three, Four Twelve (3/12, 4/12) work schedule
The work schedule for sworn personnel assigned to the "day or "night" shift shall be three 12 hour shifts one week of the pay period, and four 12 hour shifts the other week of the pay period.
b. Four -Ten (4/10) Work Schedule
The work schedule for personnel assigned to specialty positions shall be the Four Ten (4/10) schedule.
c. For the 2026-2027 school year, personnel assigned to the School Resource Officer position(s) shall work a Five -Eight (5/8) schedule consisting of five eight -hour shifts per week, aligned with the academic calendar and school operational requirements.
J. Police Funeral Attendance
Any Member of the Association may attend a formal police funeral in an on -duty status within a two hundred fifty (250) mile radius of the City of Hollister. This means that the Member may attend in uniform and travel in an official vehicle with Chief of Police approval.
The Police Chief or City Manager may authorize attendance at a formal police funeral exceeding these parameters on a case -by -case basis.
K. New Employee Orientation
During New Employee Orientation, the bargaining unit will be allowed a total of thirty (30) minutes at the end of the orientation to provide a presentation when new employees of this unit are present and for those who wish to stay.
L. Automatic Payroll Deposit
All new unit members of the bargaining unit shall enroll in the automatic payroll deposit program at the time of their employment with the City or at the time of promotion to this unit.
ARTICLE 14. MAINTENANCE OF OPERATIONS
The Association agrees that during the term of this M.O.U. and for the period of time necessary for the meet and confer process to conclude a successor M.O.U., neither the Association, nor 31
any representative acting on its behalf, will cause, authorize, engage in, condone or sanction a strike, sick -in, work stoppage, slow down, picketing (other than informational picketing on the employees' own time), concerted of individual failure to report for duty, unauthorized absence, including compliance with a request of another unit's labor organization to engage in or honor such activities against the City, or any activity by any other euphemism known which results in less than the full and faithful performance of any duties of employment.
If the City determines that the Association has engaged in any activity mentioned above, the City may order the forfeiture of all rights and privileges, or any portion thereof, of the Association.
If the City determines that an employee has engaged in any activity above, the employee may be subject to disciplinary action up to and including discharge from City service.
ARTICLE 15. PREVAILING M.O.U.
In the event of a conflict between a specific provision of this M.O.U. and a written rule, regulation, or resolution of the City or any of its divisions, the terms of the M.O.U. shall prevail and said written rule, regulation, or resolution shall be physically amended to conform to the specific provisions of this M.O.U.
ARTICLE 16. HOLIDAYS AND HOLIDAY PAY
1. Sworn Unit Classifications
Compensation equal to seventeen days (136.00 hours) shall be made to sworn personnel in semi-annual payments payable on the first pay day which follows June 1st and December 1st of each year. Sworn personnel may elect to have a portion or all of these hours credited to their compensatory time balance in lieu of payment.
2. Non -Sworn Unit Classifications
Non -sworn personnel shall have the same holiday schedule as employees in the miscellaneous employees bargaining unit.
a. Holiday Schedule
The City provides the following paid holidays:
New Year's Day
Martin Luther King, Jr.
President's Day
Farmworkers Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve — Half Day
January 1
Third Monday in January
Third Monday in February
March 31
Last Monday in May
June 19
July 4
First Monday in September
November 11
Fourth Thursday in November
Day after Thanksgiving
December 24
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Christmas Day December 25
If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.
Every non -sworn employee is also entitled to six (6) floating holidays per Fiscal Year.
ARTICLE 17. DRUG FREE WORKPLACE POLICY
The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92- 116 (August 3rd, 1992), is incorporated by reference into this Memorandum of Understanding.
ARTICLE 18. SAVINGS CLAUSE
If any Article or Section of this M.O.U. should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other Articles and Sections of this M.O.U. shall remain in full force and effect for the duration of this M.O.U. In the event of invalidation of any Article or Section, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring upon said Article or Section.
ARTICLE 19. UNION BUSINESS
Up to five (5) elected representatives of the Association shall be granted a maximum of three (3) days leave each during the fiscal year based upon need without loss of pay for Union Business to include but not be limited to attendance at conventions, conferences, and seminars. The release from duty shall be at the discretion of the City so as not to adversely affect staffing schedules.
ARTICLE 20. TERM
The term of this Memorandum of Understanding shall commence on July 1, 2026 and shall expire on June 30, 2027, unless otherwise agreed to by both parties. The signatures to this agreement may be executed in counterparts.
City of Hollister
Hollister Police Officers Association (HPOA)
Ana Cortez, City Manager
Bo Leland, HPOA President
Robert Lomeli, City Negotiator
David Anderson, HPOA Negotiator
Stephanie Brown, City Negotiator
Aurelio Melgoza, HPOA Negotiator
33
Alyssa Carrillo, HPOA Negotiator
Susana Canales, HPOA Negotiator
Joe Higby, HPOA Negotiator
34
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 3, 2026
REPORT # Public Works -2026-36
AGENDA ITEM: A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $790,000.00 TO MCKIM CORPORATION AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CONTRACT, CHANGE ORDERS, AND ANY RELATED DOCUMENTS FOR THE VACTOR TRUCK DUMP STATION PROJECT CIP No. 2405 DEPARTMENT: Public Works
DEPARTMENT HEAD: Cassandra Orozco, Acting Public Works Director COUNCIL NEXT STEPS: Adopt a resolution accepting bids and awarding a contract to McKim Corporation for the Vactor Truck Dump Station Project (CIP 2405) and authorizing the City Manager to execute the agreement and any related documents.
DISCUSSION: On April 24, 2026, staff called for sealed bids. On June 17, 2026, two (2) bids were received. The lowest bid was received from McKim Corporation in the amount of $790,000.00. The bid tabulation is attached.
The Vactor Truck Dump Station Project includes the listed improvements below:
• Construction of a new cast -in -place concrete vactor truck ramp, • Foundation, safety rails, access stairs, metal chute, new concrete slab for dumpster
• Two (2) new 30 CY haul away dumpsters with passive dewatering screens, • New hose bib,
• Re-routing existing process drain and utilities around ramp and slab, • New 6" trench drain with connection to existing process drain line, and widening of existing HMA road to ramp
City 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 McKim Corporation in the amount of $790,000.00, and any subsequent change orders in an amount not to exceed $50,000.00 for a total of $840,000.00, for the timely completion of the project.
FISCAL IMPACT: Fund 661 will cover the cost of the project in the approved budget for Fiscal Year 2026/2027. This amount includes a 6.3% contingency ($790,000+$50,000).
PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution 2014-04, Resolution 2024-02
CEQA: Notice of Exemption (NOE). The Improvements will not be expanding the capacity of the city's Domestic Wastewater Treatment Plant. The improvements will replace the existing dump station and will help city staff more efficiently receive, store, and process waste materials collected by the city's vactor trucks.
ATTACHMENTS:
1. Resolution (Award Contract Vactor Truck Dump Rehabilitation Project, CIP2405)
2. Bid Tabulation
3. Contract
RESOLUTION NO. 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
ACCEPTING THE BIDS RECEIVED AND AWARDING A CONTRACT IN
THE AMOUNT OF $790,000.00 TO MCKIM CORPORATION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT,
CHANGE ORDERS, AND ANY RELATED DOCUMENTS FOR THE
VACTOR TRUCK DUMP STATION PROJECT CIP No. 2405
WHEREAS, on April 24, 2026, staff called for sealed bids; and WHEREAS, on June 17, 2026, two (2) bids were received; and WHEREAS, the lowest bid was received from McKim Corporation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids and awards a contract to McKim Corporation for the bid amount of $790,000.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to execute the contract with McKim Corporation in the amount of $790,000.00, and any subsequent change orders in an amount not to exceed $50,000.00 for a total of $840,000.00, for the timely completion of the project.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 3, 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney
Resolution No. 2026-XX
I, Angie Gonzalez, MMC, Acting 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 special meeting held on August 3, 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 August 3, 2026.
Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister
C2405 Vactor Truck Dump Station - Bid Tabulation
Item
Description
Unit
Quantity
Bid 1.
Corcus Construction Inc.
Bid 2
McKim Corporation
General
1 Mobilization/Demobilization
LS
1 $
20,000
$
8,500
2 Construction Survey
LS
1 $
15,000
$
10,500
3 Storm Water Pollution Control/SWPPP
LS
1 $
6,500
$
5,000
Demolition
4 Vactor Truck Ramp Area Demolition
LS
1 $
55,000
$
101,500
Pavement
5 HMA
TON
1 $
37,170
$
30,000
6 Class 2 Aggregate Base
CY
1 $
15,730
$
35,000
Concrete
7 Cast -in -Place Concrete Vactor Truck Ramp LS
1 $
401,000
$
252,000
Utilities
8 Trench Drain
LS
1 $
35,000
$
23,500
9 Yard Piping
LS
1 $
45,000
$
50,000
Mechanical
10 30 CY Haul -away Dumpster with Internal Screen
EA
2 $
224,000
$
174,000
11 Vactor Truck Ramp Access Staircase
LS
1 $
65,000
$
100,000
TOTAL
$
919,400
$
790,000
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT, entered into on August 03 , 2026 ("Execution Date"), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and Mc Kim Corporation ("Contractor"), is made with reference to the following:
RECITALS
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 976269 . Contractor is a general contractor with a grade A contractor's license , and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.
C. On April 24, 2026, City issued a Notice Inviting Bids to contractors for the Vactor Truck Dump Station Project. A copy of City's Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City's Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor's Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non -Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and "Contract Time of Completion"; Payment and Performance Bonds (Exhibit 10); and Insurance Requirements (Exhibit 11), and Additional Contract Requirements (if applicable).
D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition "Greenbook" Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the "Greenbook"); the latest edition of the California Manual on Uniformed Traffic Control Devices ("MUTCD"); and, the latest edition of the California Department of Transportation Standard Specifications ("Caltrans Standard Specifications"), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the General Conditions, and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.
E. City and Contractor desire to enter into this Construction Contract for the Vactor Truck Dump Station, and other services, as identified in the in the Bid Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:
Construction Contract — Page 1
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.
This project involves the construction of a new cast -in -place concrete vactor truck ramp, foundation, safety rails, access stair, metal chute, new concrete slab for dumpster, two (2) new 30 CY haul away dumpsters with passive dewatering screens, new hose bib, re-route existing process drain and utilities around ramp and slab, new 6" trench drain with connection to existing process drain line, and widening of existing HMA road to ramp ("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
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 Construction Contract — Page 2
Project (the "Project Team"). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in the City's Notice to Proceed.
6.3 Contract Time.
Contractor shall diligently prosecute the Work to Substantial Completion within two hundred (200) working days after the date specified in City's Notice to Proceed (the Contract Time of Completion).
6.4 Liquidated Damages.
6.4.1 Entitlement.
City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.
6.4.2 Daily Amount.
City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion. Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.
6.4.3 Apportionment.
Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents.
Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor's obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.
Construction Contract — Page 3
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.
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:
Construction Contract — Page 4
(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 Seven -Hundred and Ninety -Thousand Dollars ($790,000.00) (the "Contract Sum").
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
Construction Contract — Page 5
(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 incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
9.2 Survival.
The provisions of Section 9 herein shall survive the termination of this Construction Contract.
SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.
This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; and (ii) [blank]
SECTION 11 INSURANCE AND BONDS.
Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor's Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.
For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co -tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
Construction Contract — Page 6
(I) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.
13.2 Notice Recipients.
All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims ("Claims") from Contractor to City at:
City of Hollister, Development Services Department Engineering Division 339 Fifth St.
Hollister, CA 95023
Attention: Marco Martinez, Associate Engineer
Re: Vactor Truck Dump Station Project
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:
City of Hollister, City Attorney Office
375 Fifth St.
Hollister, CA 95023
Attention: Jennifer P. Thompson, Lozano Smith Attorneys at Law- City Attorney Re: Vactor Truck Dump Station Project
All such Claims shall be delivered personally or sent by certified mail.
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
McKim Corporation
Attn: Santino Orozco
8505 Church St. #1
Gilroy, CA 95020
Re: Vactor Truck Dump Station Project
13.3 Change of Address.
In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, 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.
14.2 Resolution of Other Disputes.
14.2.1 Other Disputes.
The definition of Contractor Claims shall not include any of the following:
Construction Contract — Page 7
(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).
Construction Contract — Page 8
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 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.
Construction Contract — Page 9
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; provided, however, that depositions shall be limited to both of the following:
(i)
(ii)
Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
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.
Construction Contract — Page 10
.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
15.1 DEFAULT.
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 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
16.1 CITY'S RIGHTS AND REMEDIES.
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.
Construction Contract — Page 11
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.
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.
Construction Contract — Page 12
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 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 13
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 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
Construction Contract — Page 14
(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- 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.
Construction Contract — Page 15
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.
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.
Construction Contract — Page 16
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.
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.
Construction Contract — Page 17
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 18
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:
Ana Cortez, City Manager
APPROVED AS TO FORM:
By:
Jennifer P. Thompson, Lozano Smith Attorneys at Law
ATTEST:
By:
, City of Hollister City Clerk
CONTRACTOR:
McKim Corporation
By Santino Orozco
Title President
Construction Contract — Page 19
EXHIBIT 1
Notice Inviting Sealed Bids
NOTICE INVITING SEALED BIDS
for the
VACTOR TRUCK DUMP STATION (CIP NO. 2405) PROJECT
The City Council of the City of Hollister invites sealed bids for the Vactor Truck Dump Station Project.
This project involves the construction of a new cast -in -place concrete vactor truck ramp, foundation, safety rails, access stair, metal chute, new concrete slab for dumpster, two (2) new 30 CY haul away dumpsters with passive dewatering screens, new hose bib, re-route existing process drain and utilities around ramp and slab, new 6" trench drain with connection to existing process drain line, and widening of existing HMA road to ramp
All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.
This project is subject to a Community Workforce Agreement/Project Labor Agreement. A copy of this agreement titled "Community Workforce Agreement for the City of Hollister" is available at the following website https://www.bidnetdirect.com/california/cityofhollister .
The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.
Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.
Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, 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.
All proposals or bids shall be accompanied by cash, cashier's or certified check payable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier's checks will take approximately 30 days from award of contract.
Said sealed bids shall be submitted to the City of Hollister electronically via Bidnet, on or before 6/10/2026, Notice Inviting Sealed Bids — Page 1
2 p.m. said time being at least ten (10) days from the first publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening date.
A non -mandatory Pre -bid conference will be held on 4/30/2026, 11 a.m. The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on 5/29/2026.
Questions must be received prior to this time and date via Bidnet. All questions received after this date and time will not be answered.
The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at https://www,hollistercagov/services/bid opportunities,php Plan holders must register before they can view or purchase the bid package.
To attend the pre -bid or bid opening meeting by Zoom, please the links below:
Pre -bid Meeting
Date/Time: 4/30/2026, 11 AM Pacific Time (US and Canada) Location: Online — Via Zoom
Join Zoom Meeting
https://us02web.zoom.us/j/84491225273?pwd=pd9Z6EXGOgKLmeGgmyHpgvzXjp6jyk.1 .
Meeting ID: 844 9122 5273
Passcode: 792739
Bid Opening
Date/Time: 6/10/2026, 2 PM Pacific Time (US and Canada) Location: Online — Via Zoom
Join Zoom Meeting
https://us02web.zoom.us/j/84821076660?pwd=QCoz2TecfZEiyoNLoWpbvWOQhh7V51.1 .
Meeting ID: 848 2107 6660
Passcode: 708649
Dated:
Marco Martinez
City of Hollister
Published: &
Notice Inviting Sealed Bids — Page 2
EXHIBIT 2
Contractor's Bid
MCKIM CORPORATION
6 PROPOSAL TO CITY OF HOLLISTER
To the Honorable City of Hollister Council
The undersigned as bidder declares that he has carefully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted, to contract with the City of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials (except those specifically mentioned to be furnished by the City), necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled: VACTOR TRUCK DUMP STATION PROJECT
Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof. The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:
VACTOR TRUCK DUMP STATION PROJECT
Base Bid Schedule
Item
Description
Unit
General
Quantity
Unit Cost
(Figures)
Total Cost
(Figures)
Mobilization Demobilization
--- ------------------------------------
Construction Survey
Storm Water Pollution Control/SWPPP
LS
$8,500
11-676150-
$8,500.00
$10,500.00
$5,000.00
Vactor Truck Ramp Area Demolition
HMA
LS
Demolition
Pavement
TON
$5,000
$101,500.00
30,000
$101,500.00
30,000.00
Class 2 Aggregate Base
CY
Concrete
$35,000
$35,000.00
7 Cast -in -Place Concrete Vactor Truck Ramp
LS
Utilities
$252,000
$252,000.00
9 Trench Drain
Yard Piping
LS
LS
$23,500
$50,000
$23,500.00
$50,000.00
10 11
30 CY Haul -away Dumpster with Internal
Screen
Vactor Truck Ramp Access Staircase
Mechanical
EA
LS
2 $87,000
$100,000
BASE BID TOTAL: This Base Bid Total is the amount to compare all bidders.
PROPOSAL - PAGE 1
$174,000.00
$100,000.00
Items 1 thru 11 inclusive of all work incidental thereto and connect therewith BASE BID TOTAL: $ $790,000.00
BASE BID WRITTEN OUT Seven Hundred and Ninety Thousand Dollars and Zero Cents.
The bid prices given are to be considered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.
Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.
Care has been taken to include all construction as described in the Contract Documents as Bid Items.
For any structure, fitting, accessory, etc. that is not clearly included in a bid item, the Contractor shall include it as a part of the most appropriate bid item.
Santino R Orozco, President
Name and Title of Bidder
McKim Corporation
Company
All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.
The "Base Bid Total" number will be compared to determine basis of bid and lowest responsive bidder.
Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reserves the right to add all, some or no Add Alternates during award of the project.
The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.
In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.
Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received.
Addendum No. 1 Addendum No. 3
Addendum No. 2 Addendum No. 4
The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the PROPOSAL - PAGE 2
interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.
The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. It is agreed that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof.
The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.
The names of all persons interested in the foregoing proposal as principals are as follows:
NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.
Bidder presently possesses the following license(s) (please state class and License number for each class) General Engineering Class A - 976269 ( 8/31/2026 ) and/or will possess the class required by the contract specifications at the time of contract award.
Contractor"s DIR # -1000005844
ityr)L Signature of Bidder
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation: If bidder is a co -partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co -partnership and if bidder is an individual, his signature shall be placed above. 8505 Church St. #1
Business Address: Gilroy, CA 95020 Business Phone: -408-848-8700 Email Address:
[email protected]
Dated: June 10th , 2026
The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.
If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar PROPOSAL - PAGE 3
days after the bidder has received notice from said City that the contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.
Enclosed find cash, certified check, cashier's check or bidder's bond which is not less than ten per cent (10%) of this bid, payable to the City Clerk and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.
PROPOSAL - PAGE 4
EXHIBIT 3
Instructions to Bidders
INSTRUCTIONS TO BIDDERS
A) GENERAL INFORMATION
The City of Hollister, California, will receive bids, via Bidnet, until 2:00 pm on 6/10/2026, at which time they will be publicly read, "VACTOR TRUCK DUMP STATION PROJECT" Said bids will be referred to and considered by the city council within 60 calendar days from said bid opening date.
This project is subject to a Community Workforce Agreement/Project Labor Agreement. A copy of this agreement titled "Community Workforce Agreement for the City of Hollister" is available at the following website https://www,hollister.caRov/services/bid opportunities.php
B) PROPOSAL FORMS
All proposals must be made upon the "Schedule of Proposal" contained within the specifications.
All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.
C) BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier's checks will take approximately 30 days from award of contract.
Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.
Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.
D) CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of ITB —1
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 performance 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 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 ITB — 2
latest City of Hollister standard specifications, which shall be referred to as the "Standard Specifications" and any amendments thereto. Incorporated into the "Standard Specifications" are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA "Standard Specifications for Public Works Construction" which shall be referred to as the "Green Book".
The APWA Green Book Specifications may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.
The latest edition of the "CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3", as issued by CALTRANS, are hereby incorporated into these specifications.
I) SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), latest edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.
J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.
K) WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7- 4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.
L) LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.
ITB — 3
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.
O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID In accordance with Public Contract Code 7106 the attached "Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.
P) HOURS OF CONSTRUCTION
In accordance with the City of Hollister Municipal Code section 17.16.100 "Noise", Construction shall be limited between the hours as follows:
• 7:00 A.M. and 6:00 P.M. Monday through Friday
• Work is prohibited on Sundays and Federal Holidays
ITB-4
EXHIBIT 4
Statement of Work
STATEMENT OF WORK
A) LOCATION
This project is located at the Hollister Wastewater Treatment Plant northeast of the intersection of Highway 156B and 156, approximately 2.5 miles west of the City of Hollister, CA. The facility address is 2690 San Juan Hollister Rd, Hollister, CA.
B) DESCRIPTION OF WORK
The work to be performed includes but is not necessarily limited to:
1. Cast -in -place concrete vactor truck ramp
2. Concrete slab for dumpster
3. Two (2) 30 CY haul away dumpsters
4. Access stairs and safety rails for ramp
5. Adjustable metal chute for ramp
6. Re-routing existing utilities
7. 6" Trench drain with connection to existing process drain
8. 6" PVC SDR 35 Process Drain and Tie-in to existing drain line
9. 1" recycled water hose bib
10. Existing HMA road widening and HMA rehabilitation after over -excavation
C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual.
No hard copy sets will be provided to the Contractor.
D) FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.
E) TIME FOR COMPLETION
Work shall begin within ten (10) days after the written "Notice to Proceed" has been received by the Contractor.
The work shall be diligently prosecuted to completion before the expiration of 200 working days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.
Contractor shall provide a project schedule at the construction kick-off meeting.
SOW - 1
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.
SOW -2
EXHIBIT 5
Items of Construction
ITEMS OF CONSTRUCTION
Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as specified herein.
All work is paid for through corresponding bid items and no additional compensation shall be provided.
PART 1 GENERAL
1.01 This Section describes the methods of measurement and payment for the specific bid items. All other provisions of the Contract Documents which relate to measurement and payment are applicable, except that where conflicts occur between this section and other provisions of the technical specifications or reference specifications, this measurement and payment section shall prevail.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.01 GENERAL
A. All work shown, described, or otherwise required by the Contract Documents, shall be included within the given bid items.
B. Payment for all bid items shall include full compensation for all equipment, materials, labor, tools, trucking, and all other incidental work necessary to construct complete and operational systems which conform to the Contract Documents.
3.02 MEASUREMENT AND PAYMENT FOR BID ITEMS
A. All lengths shall be measured in a horizontal plane (plan view dimensions), unless otherwise specified. All areas measured shall be based on the specified measurement definition included in each bid item description.
B. All work shown, described, or otherwise required by the Contract Documents, shall be included within the given bid items.
C. Basis for the submitted bid shall be on the quantities shown for the items on the Bid Sheet.
D. Unit definitions of Measurement and Payment
1. "Lump Sum", or "LS", shall mean a single Lump Sum Payment for the identified bid item. Partial payments may be made, based on the Engineer's estimate of the percent completion of the specified item. Provide schedule of values for lump sum bid items with pay designation of "SV" on the bid schedule. Refer to IOC- 1
Section 01 30 00, Administrative Requirements, Para. 1.04 for submittal requirements for Schedule of Values.
2. "Each" shall mean the actual number of identified bid items provided. Payment for the identified bid item will be based on providing each item, complete and in place in accordance with the contract documents.
3. Measurable units of quantity expressed in "Linear Feet" or "LF"; "Cubic Yard or CY"; "Ton"; "SF" or "SY" shall mean the number of indicated measurable quantities of the bid item. Payment for the identified bid item will be based on actual and measured quantities of the bid item installed.
4. For quantity changes for unit price work, refer to the General Conditions, Paragraph G4.04, G4.08, and G4.17
E. Final Pay Quantities.
1. Bid items that are designated a Final Pay Quantity bid item by having the notation (F) or (S -F) shown on the bid sheet or by designation in these specifications.
2. The quantity shown on the bid sheet for a Final Pay Quantity shall be the final pay quantity used for the purpose of payments, unless the dimensions of any portion of the item are modified by the Engineer, or the item or any portion of the item is eliminated.
3. If the dimensions of any portion of a Final Pay Quantity bid item are changed, and the changes result in an increase or decrease in the quantity of the item, the final pay quantity will be revised by the change in quantity.
4. If a portion of a Final Pay Quantity item, or the item is eliminated, the final pay quantity will be adjusted by the quantity eliminated.
5. The estimated quantity shown on the bid sheet for a Final Pay Quantity bid item shall be considered as an estimate only and no guarantee is made that a quantity computed based on the details and the plans, will equal the estimated quantity shown on the bid sheet. No allowance is made in the event that a computed quantity does not equal the estimate quantity.
6. In the case of a discrepancy between a quantity shown on the plans, and an estimated quantity shown on the bid sheet for a Final Pay Quantity item, payment will be based on the quantity shown on the bid sheet.
Bid Item No. 1— Mobilization/Demobilization
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment: Payment shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Mobilization/Demobilization.
IOC- 2
1. No payment for Mobilization/Demobilization work will be made until all the listed items have been completed to the satisfaction of the City.
2. Contractor shall be compensated no more than 70% of total bid value for Mobilization/Demobilization for mobilization; the remaining 30% of the total bid value will be paid for as part of the Final Payment.
3. Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobilization.
4. There will be no additional cost for mobilization/demobilization if added alternate work is included.
D. Scope of bid item: Mobilization/Demobilization includes, but is not limited to the following:
1. Obtaining all required bonds, insurance, and permits.
2. Compliance with State Board funding requirements including Iron and Steel Requirements, Project Signage and other items specified in State Board Agreement.
3. Posting all Cal -OSHA required notices and establishment of safety programs and injury and illness prevention plan (IIPP).
4. Moving onto the site of all Contractors' plant and equipment required for project operations.
5. Arranging for and erection of Contractor's work areas and storage yards.
6. Coordination with utility companies during construction activities adjacent to utility agency facilities.
7. Providing and installing temporary communication facilities.
8. Providing and installing construction water and on -site sanitary facilities.
9. Designation of the Contractor's superintendent who will be present at the job site full time.
10. Preparing and submitting a written construction schedule prior to beginning work and throughout construction.
11. Documenting construction progress, including pre- and post -construction photographs, and progress photographs.
12. Preparing and submitting field record drawings, and other close-out deliverables per section 01 70 00.
13. Removing equipment, personnel, temporary facilities, and other construction resources at job completion.
14. Site cleanup.
15. All other incidental work as specified in Division 01 of the Specifications, the City General Conditions, City Division 1 Special Provisions, and City Division 2 Technical Specifications, and as necessary to complete
Mobilization/Demobilization in accordance with the Contract Documents.
IOC- 3
Bid Item No. 2 - Construction Survey
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment: Payment includes full compensation for all work required to complete the contract requirements for Construction Survey.
D. Scope of bid item: Construction Survey includes, but is not limited to the following:
1. All survey work as described in Section 02120 Surveying & Construction Staking, and the Drawings.
2. Replacement of property corner markers, including proper recordation.
3. Pothole surveys and pothole reports.
4. All other incidental work necessary to complete Construction Survey in accordance with the Contract Documents.
Bid Item No. 3 — Storm Water Pollution Control/SWPPP
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment: Payment shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Storm Water Pollution Control/SWPPP.
D. Scope of bid item: Storm Water Pollution Control/SWPPP includes, but is not limited to the following:
1. This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
2. Proper management of storm water in accordance with local and State requirements.
3. Prepare a SWPPP in accordance with local and State requirements.
4. Compliance with the requirements of City Special Provisions Section 01423, Drainage Control, City Special Provisions Section 01424, Erosion Control and all SWPPP requirements including QSP inspections during construction. Complying with all reporting, monitoring, inspection and permitting requirements for protection of water quality.
5. All other incidental work necessary to complete Storm Water Pollution Control/SWPPP Compliance in accordance with the Contract Documents.
IOC- 4
Bid Item No. 4 — Vactor Truck Ramp Area Demolition
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination C. Payment: Payment includes full compensation for all work required to complete the contract requirements for site demolition.
D. Scope of bid item Vactor Truck Area Demolition includes, but is not limited to the following:
1. Demolition and removal of items shown to be demolished on the drawings and protecting existing improvements in place during demolition Work.
2. Cut, cap and abandon/remove piping as indicated on the drawings.
3. Removal and disposal of all materials not designated to remain or to be salvaged within the demolition area.
4. Potholing required to locate existing facilities to be abandoned, removed, protected in place, or relocated.
5. Restoration of site and surface improvements impacted by demolition Work as indicated on the drawings, that does not include new Work shown on the Drawings.
6. All other incidental work necessary to complete site Vactor Truck Area Demolition in accordance with the Contract Documents.
Bid Item No. 5 — HMA
A. Units: Ton
B. Measurement: For the purposes of documenting the amount of material removed, Contractor shall quantify actual quantity of HMA delivered to the job site, and applied to street surface, as measured by delivery tickets and field measurements at the job site.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to apply HMA as required for construction for all items of work.
D. Scope of bid item: HMA includes, but is not limited to the following:
1. Grinding existing asphalt surfaces and providing HMA as shown on the plans.
2. HMA per Caltrans Standard Section 39-2.02.
3. Sawcutting asphalt.
IOC- 5
4. Raising and lowering valve lids, manhole covers, survey monuments, and other utility covers to match finished surface of HMA.
5. Hauling and disposing of grindings and excess materials in accordance with the Contract Documents.
6. All other incidental work necessary to complete HMA work in accordance with the Contract Documents.
E. The cost of HMA for surface restoration of utility trenches is paid for separately under the corresponding other bid items listed.
Bid Item No. 6 — Class 2 Aggregate Base
A. Units: Cubic Yard (CY)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment includes full compensation for all furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, the Class 2 Aggregate Base in accordance with the contract documents.
D. Scope of bid item Class 2 Aggregate Base includes, but is not limited to the following:
1. Constructing class 2 aggregate base under road to limits and extent of shown on the drawings, including class 2 aggregate base for areas disturbed by excavation in the road footprint.
2. Placement and compaction of aggregate base under road
3. Erosion and dust control, control of surface and subsurface waters.
4. All other incidental work necessary to complete the Class 2 Aggregate Base in accordance with the Contract Documents.
E. The cost of class 2 aggregate base or crushed gravel under concrete structures is paid for separately under the corresponding other bid items listed.
Bid Item No. 7 — Cast -in -Place Concrete Vactor Truck Ramp A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Cast -in -Place Concrete Vactor Truck Ramp in accordance with the contract documents.
D. Scope of bid item Cast -in -Place Concrete Vactor Truck Rama includes, but is not limited to the following:
IOC- 6
1. Cast -in -place concrete ramp, walls, pad as shown on the drawings.
2. Guardrails as shown on drawings.
3. Concrete slab for dumpster.
4. Adjustable metal chute with side walls
5. Trenching, excavation, backfilling, compaction, and surface replacement/restoration.
6. Placement of compacted aggregate base layer under ramp per details shown on plans.
7. Placement of compacted crushed rock under and dumpster slab per details shown on plans.
8. Design and furnish adjustable metal chute between ramp and dumpster
9. All work as described in Section 3100 00 Earthwork, including excavation and subgrade preparation for the concrete ramp.
10. Potholing existing utilities to verify locations of subsurface utilities.
11. Trenching, excavation, backfilling, compaction, and surface replacement.
12. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents
13. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
14. Control of ground and surface waters, verification of adjacent utilities.
15. All other incidental work necessary to complete Cast -in -Place Vactor Truck Ramp in accordance with the Contract Documents.
Bid Item No. 8 — Trench Drain
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Trench Drain in accordance with the contract documents.
D. Scope of bid item Trench Drain includes, but is not limited to the following:
1. Precast concrete trench drain and bolted metal grate per details shown on plans
2. Pipe penetrations, including Link -Seal, Waterstop grouting ring or equal penetration seals, grouting.
3. Potholing existing utilities to verify locations of subsurface utilities and tie-in points.
4. Trenching, excavation, backfilling, compaction, and surface replacement.
IOC- 7
5. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
6. Control of ground and surface waters, verification of adjacent utilities.
7. All other incidental work necessary to complete Trench Drain in accordance with the Contract Documents.
Bid Item No. 9 — Yard Piping
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Yard Piping in accordance with the contract documents.
D. Scope of bid item: Yard Piping includes, but is not limited to the following:
1. 6" PVC process sewer pipe, restrained joints, fittings, cleanouts and couplings per City of Hollister Specifications.
2. 8" PVC process sewer pipe, restrained joints, fittings, cleanouts and couplings per City of Hollister Specifications.
3. 1" SCH80 PVC Recycled Water line, restrained joints, fittings, and couplings per City of Hollister Specifications.
4. 1" Hose bib per detail shown on plans.
5. All joints, fittings, and couplings per City of Hollister Standard Specifications required to tie-in trench drain line to existing process drain line as shown on the plans.
6. Potholing existing utilities to verify locations of subsurface utilities and tie-in points.
7. Excavation, trenching, backfill, surface restoration within pipeline alignment shown on Bid Documents/drawings, warning tape, tracer wire.
8. Control of ground and surface waters, verification of adjacent utilities.
9. Hauling and disposing of all waste, unsuitable and excess material in accordance with the Contract Documents.
10. All other incidental work necessary to complete Yard Piping in accordance with the Contract Documents.
IOC- 8
Bid Item No. 10 - 30 CY Haul -Away Dumpster with Internal Screen A. Units: Each (EA)
B. Measurement: The number of actually completed 30 CY Haul -Away Dumpster with Internal Screen per contract documents for this item.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for all work required to construct complete and in place, 30 CY Haul -Away Dum aster with Internal Screen in accordance with the contract documents.
D. Scope of bid item 30 CY Haul -Away Dumaster with Internal Screen includes, but is not limited to the following:
1. Two Haul -away dumpsters with internal screen as shown on the plans
2. All other incidental work necessary to complete 30 CY Haul -Away Dumpster with Internal Screen in accordance with the Contract Documents.
Bid Item No. 11— Vactor Truck Ramp Access Staircase
A. Units: Lump Sum (LS)
B. Measurement: Partial payments based on Engineer's determination.
C. Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work required to construct complete and in place, Vactor Truck Ram Access Staircase in accordance with the contract documents.
D. Scope of bid item: Vactor Truck Rama Access Staircase includes, but is not limited to the following:
1. Stairs, landing and handrails per details shown in the plans
2. Concrete stair foundation and anchorage per details shown in the plans
3. Potholing existing utilities to verify locations of subsurface utilities
4. Excavation, backfill, surface restoration in area shown on Bid Documents/drawings
5. Control of ground and surface waters, verification of adjacent utilities.
6. All other incidental work necessary to complete Vactor Truck Ramp Access Staircase in accordance with the Contract Documents.
3.03 TESTING
A. The City will perform, or will contract for the performance of the following tests. The City will pay for the costs of the initial tests. Should test results show that any work, construction, materials, or methods is unacceptable, the Contractor shall pay for all costs IOC- 9
associated with any necessary retesting before or after corrective measures have been made. Such costs will be deducted from payments due to the Contractor.
1. Compaction Test and R -Values- Testing for soil compaction and R -Values will be provided by a Soils Engineer under separate contract with the City.
B. The Contractor shall furnish and pay for all labor, materials, tools, and supplies required to make the following performance tests in the presence of the Engineer:
1. Video logging for sanitary sewer mains and storm drains
2. Mandrel testing for sanitary sewer mains and storm drains
3. Other Test Required by the Contract Documents
All tests must be passed, and any test reports requested by the City shall be provided to the City prior to acceptance of the work.
END OF SECTION
IOC- 10
EXHIBIT 6
Designation of Subcontractors
DESIGNATION OF SUBCONTRACTOR
In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications and the portion of the work which will be done by each Subcontractor.
If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced in writing, as a public record of the City.
NAME
PHONE NUMBER
BUSINESS ADDRESS
LICENSE
NUMBER
& CLASS
DIR
NUMBER
PERCENTAGE
OF WORK
Flow Trend - Major Material Supplier only
1400 Kowis St, Houston, Texas 77093
N/A
N/A
+/- 25 %
Mike O'Dell Survey - Construction Survey
2030 Union Street #206, San Francisco, CA 94123
N/A
-1000045470
+/- 3 %
Cal West Fence - Handrail / Stair Case
12505 Sycamore Ave, San Martin, CA 95046
836779
-1000055639
+/- 13%
4. a.
e.
7. s.
.
DESIGNATION OF SUBCONTRACTORS
EXHIBIT 7
Non -Collusion Declaration
NONCOLLUSIONDECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the PRESIDENT ()MCKIM CORPORATION the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder any other bidder or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6/10/26 (date), at Gilroy (City), CA (State).
MCKIM CORPORATION
Name of,-ontractor
Signature of Contractor
SANTINO OROZCO
Printed Name
NONCOLLUSION DECLARATION
EXHIBIT 8
General Conditions
TABLE OF CONTENTS
PAGE
SECTION 1
G1.01
G1.02
G1.03
SECTION 2
G2.01
G2.02
G2.03
G2.04
G2.05
G2.06
G2.07
G2.08
G2.08A
G2.09
G2.10
G2.11
G2.12
G2.13
G2.14
G2.15
G2.16
G2.16A
G2.17
G2.18
G2.19
G2.20
SECTION 3
G3.01
G3.02
G3.03
G3.04
G3.05
G3.06
SECTION 4
G4.01
G4.02
G4.03
G4.04
G4.05
G4.06
G4.07
G4.08
DEFINITIONS AND TERMS 1
GENERAL 1
DEFINITIONS 1
ABBREVIATIONS 5
PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS 8
OBTAINING PROPOSAL FORMS 8
ENGINEER'S ESTIMATE 8
EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK 8
SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA 8
EXPLANATIONS 9
PREPARATION OF PROPOSALS 9
SUBMISSION OF PROPOSALS 9
LIST OF SUBCONTRACTORS 9
IDENTIFICATION OF SURETY COMPANY FURNISHING
PERFORMANCE AND PAYMENT BONDS 10
PROPOSAL GUARANTY 10
NON -COLLUSION DECLARATION. 10
WITHDRAWAL OF PROPOSALS 10
PUBLIC OPENING OF PROPOSALS 10
REJECTION OF PROPOSALS 10
DISQUALIFICATION OF BIDDERS 11
LICENSING OF BIDDERS 11
RESPONSIBILITY OF BIDDERS 11
INELIGIBILITY OF CONTRACTORS 11
RELIEF OF BIDDERS 11
BID PROTEST PROCEDURE 12
CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION 12
IRAN CONTRACTING ACT 12
AWARD AND EXECUTION OF CONTRACT 13
AWARD OF CONTRACT 13
TIME OF AWARD 13
EXECUTION OF CONTRACT 13
CONTRACT BONDS 14
FAILURE TO EXECUTE CONTRACT 14
RETURN OF PROPOSAL GUARANTY 14
SCOPE OF WORK 15
INTENT OF CONTRACT DOCUMENTS 15
EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS 15
DIFFERING SITE CONDITIONS 15
CHANGES; CONTRACT CHANGE ORDER 16
REQUEST FOR QUOTATIONS FOR CHANGE IN WORK 16
PROPOSED CONTRACT CHANGE ORDER 17
EXECUTED CONTRACT CHANGE ORDER 17
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 GC -1
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 GC -2
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 GC -3
"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 GC -9
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 GC -10
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 GC -11
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).
GC -12
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 GC -13
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.
GC -14
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 GC -15
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 GC -16
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 GC -17
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 GC -18
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 GC -19
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 GC -20
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 GC -21