Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California
Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R7-GB-101723-NCM
Service Type: General Building
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Newton Construction and Management, Inc., 2436 Broad Street, San Luis Obispo, CA 93401 (Contractor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.
The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region.
I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
II. REGION AND SERVICES
The Contractor’s Region is: Region 7. The Contractor’s IDIQ construction service type is: General Building. The Contractor has agreed to perform work outside the Region.
III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.
A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2200.
Attachment C
Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California
B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2500.
C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2500.
D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2200.
E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2500.
VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.
B. The Contractor’s Authorized Representative is Eric Newton. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.
Sourcewell
Newton Construction and Management, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Eric Newton
Title: Chief Procurement Officer Title: President
Date:
Date:
Attachment C
AGREEMENT TO
MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R7-GB-101723-NCM
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R7-GB-101723-NCM, is effective upon the date of the last signature below.
Sourcewell and Newton Construction and Management, Inc. (“Contractor”) have entered into an Indefinite Delivery-Indefinite Quantity Construction Contract, Contract Number CA-R7-GB-101723-NCM, with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one- year term (“Contract”). The parties agree to modify and extend the Contract as stated below.
CONTRACT MODIFICATION
The following is adopted as the new CTC for the Contract effective December 6, 2024:
Sourcewell California - Region 7
Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification.
EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2024 through December 5, 2025.
Sourcewell Newton Construction and Management, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Eric Newton
Title: Chief Procurement Officer Title: President
Date:
Date:
Docusign Envelope ID: DEA384EA-16CA-417C-9622-9EB0D124B6D6 11/14/2024 | 10:38 AM CST11/14/2024 | 11:23 AM CST
Attachment C
AGREEMENT TO
MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R7-GB-101723-NCM
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R7-GB-101723-NCM is effective upon the date of the last signature below.
Sourcewell and Newton Construction and Management, Inc. (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R7-GB-101723-NCM with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”). This contract has previously been extended by the parties for the term ending December 5, 2025. The parties agree to modify and extend the Contract as stated below.
CONTRACT MODIFICATION
The updated CTC will appear in the eGordian software upon receipt of the executed extension document.
Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification.
EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2025 through December 5, 2026.
Sourcewell Newton Construction and Management, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Eric Newton
Title: Chief Procurement Officer Title: President
Date:
Date:
Docusign Envelope ID: 0460AC93-E72C-4367-8C85-4782DEB65D6E 10/29/2025 | 3:56 PM CDT
10/29/2025 | 3:17 PM CDT
Attachment C