Agenda — Tracy City Council, April 30, 2024 (part 3 of 3)

WHAT IS NOT COVERED
 DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved a pplications and installations; — Alterations or modification of th e transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term st orage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totale d.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by th e USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintena nce schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transm ission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9

Form SE0616EN (201009)

Page 2 of 2 ends

Warranty Begins:

The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of delivery to the first retail purchaser.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.

This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.

Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.

Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.

Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
2/22/2012 WA0216
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency re- sponse for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty.

Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a de - scription of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period.

Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been im- properly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or re - moved. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement.

Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF.

In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Depart- ment of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their des- ignee. UPF will make every reasonable effort to support our products though alternative means.

For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer.

For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypro- pylene components related to the tank shall carry the standard UPF lifetime FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™

WARRANTY
UNITED PLASTIC FABRICATING, INC.

LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9
service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware.

All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF.

This UPF warranty is transferable within the United States only with prior writ- ten approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus).

UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be pre- authorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modi- fications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty.

In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or dam - age, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility.

This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any per- son supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you.

THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EX- TEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS

NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITION -

ALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.

FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™

WARRANTY
UNITED PLASTIC FABRICATING, INC.

POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA 2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2 - 2 0 1 7 • 9 2 0 - 832 - 3 000

P I E R C E M A N U F A C T U R I N G I N C .

B U L L E T I N

TO: All Dealer Service Representatives

From: Kevin Hanegraaf

DATE: January 4, 2010

RE: UPF Tank Warranty Policy – Truck in Accident

Service Topic # 292

To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void.

The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be:
- Filled with water
- Visually inspected
- Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF

If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect.

This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck.

Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253)

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:

The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

A & A Manufacturing Co., Inc. 2300 S. Calhoun Road · New Berlin, WI 53151 · Phone (262) 786-1500 · Fax (262) 786-3280 Pierce Warranty Statement for Gortite Roll Up Doors Rev 2/24/2011

All mechanical components of the door shall be warranted to be free from defects in materials and workmanship for the lifetime of the vehicle. All parts covered under this warranty shall be to the original owner.

A&A manufacturing warrants that painted doors shall be free of blistering, peeling, bubbling, or any other adhesion defect caused by defective manufacturing methods or paint material selection. The time period for the coverage shall be 6 years from date of door shipment to Pierce. Satin anodized finish doors shall be warranted for 6 years against corrosion defects from date of door shipment to Pierce. Replacement of decals/Scotchlite is not covered.

The maximum amount A&A will reimburse for labor is $60.00 per hour and the maximum amount of time allowed for repair is as follows:

Door 1.0 Hr.

Slat Replacement 1.0 Hr.

Pennant Plate Replacement 1.0 Hr.

Roller Replacement .5 Hr.

Seal Replacement .5 Hr.

Switch/Magnet Replacement 1.0 Hr.

Travel Time 4.0 Hr.

Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).

ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF

CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.

The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.

BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.

Warranty Begins:

Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Stainless Steel Piping

The date of the original purchase invoice (issued when the product ships from the factory).

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.

This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

One (1) Year & Five (5) YearWarranty Period
Ends After:

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.
1/30/2013 WA0231
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship Foam System & Five (5) Year Material and Workmanship Control Head
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Limited warranty 1 year parts and labor for for the foam system and 5 years parts and labor for the control head.

1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) YearsWarranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:

Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) YearWarranty Period
Ends After:

The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins:

Each graphic lamination shall be free from defects in material ,
workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
1 DEALER SUPPLIED PRODUCTS and/or SERVICES
The following items and/or services will be provided by Golden State Fire Apparatus Inc. (GSFA) prior to final delivery:

LICENSED MANUFACTURER
The State of California Vehicle Code, section 11701 requires “every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number” . The manufacturer has a current license at time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.

LICENSED DEALERSHIP
The State of California Vehicle Code, section 11701 requires a “dealer in vehicles of a type subject to registration, shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. Golden State Fire Apparatus, Inc. has a current license at time of bid as outlined above and is available upon request. Temporary licenses are not acceptable.

LICENSED SALES REPRESENTATIVE
The State of California Vehicle Code, section 11800 requires that it shall be “unlawful for any person to function as a vehicle salesperson without having first procured a license issued by the Department of Motor Vehicles (DMV)” . The representative has a current vehicle salesperson’s license at time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.

VEHICLE REGISTRATION
The State of California Vehicle Code section 11739 requires that the “dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer” through the Department of Motor Vehicles (DMV) . Golden State Fire Apparatus, Inc. is a factory-authorized dealer of the vehicle being sold and is authorized to register with the State of California as a new vehicle manufacturer.

GSFA will make all necessary applications and complete all transfer papers, including applying for California Exempt “E” license plates.

WEEKLY PROGRESS PHOTOGRAPHS
GSFA will provide weekly photographs of the apparatus or the major components as they are being constructed. The photographs will commence at the start of the manufacturing process and will continue through production by the manufacturer. The reports will show the progress of the apparatus through the course of each week. Special attention will be given to show the unique features and aspects of the apparatus as construction progresses.

ELECTRONIC MOUNTING ALLOWANCE
An electronic (two -way radio, etc.) mounting fund in the sum of $2,500.00 is included in the quotation to cover the cost of mounting the applicable equipment per the direction of the City of Tracy . If the mounting allowance is exceeded, additional work can be performed at the current published shop rate.

Any unused portion of this reserve fund will be credited back on the final invoice or returned in the form of a check to the City promptly following final invoicing.

2 LOOSE EQUIPMENT MOUNTING ALLOWANCE
A loose equipment mounting fund in the sum of $15,000.00 is included in the quotation to cover the cost of mounting the applicable equipment per the direction of the City of Tracy . If the mounting allowance is exceeded, additional work can be performed at the current published shop rate. Any unused portion of this reserve fund will be credited back on the final invoice or returned in the form of a check to the City promptly following final invoicing.

PRE-CONSTRUCTION, DEALER LOCATION
A pre-construction meeting will be conducted at GSFA’s office in Tracy, California and will include five (5) Customer representative(s). The intent of this meeting is to review and finalize, in detail, the specifications prior to the start of production. The pre -construction meeting will have a duration of one (1) day and be scheduled at times mutually agreed upon between Golden State Fire Apparatus and the Customer. Transportation to this meeting will be the responsibility of the Customer.

FINAL INSPECTION, FACTORY TRIP
A final inspection trip to the manufacturing facility will be provided for three (3 ) Customer representative(s). The intent of this trip is to ensure that the apparatus is built to specification and to detect any deficiencies that require correction. The final inspection trip will have a duration of four (4) days and three (3) nights and be scheduled at times mutually agreed upon between GSFA and the Customer. Costs for airfare, lodging, meals, and ground transportation while at the manufacturer’s location will be the responsibility of GSFA. Air travel will be from one of the following airports:

Sacramento, San Francisco, or San Jose.

Costs such as Customer ground transportation in California, Customer airport parking, Customer luggage fees and Customer incidentals while traveling to the factory will be the responsibility of the Customer.

Flight reservations are non -refundable and in the event of a cancellation after booking, the Customer will be responsible for all costs associated with this cancellation, which may include not only the original ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.

Please note that one (1) factory final inspection trip has been priced for the two (2) units being proposed.

Meaning that the cost for this trip has been spread evenly over the two units.

DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will, at their expense, deliver the apparatus (including any applicable equipment, spare parts, and supplies) to their Northern California facility in Sacramento for a dealer preparation inspection.

To ensure proper break-in of all components while still under warranty, the apparatus shall be delivered under its own power - rail or truck freight shall not be acceptable.

PRE-DELIVERY SERVICE
After transportation from the factory and prior to delivery, the apparatus will receive a pre -delivery service to confirm proper operation and correction of any issues found as a result of said inspection. The Golden State Fire Apparatus, Inc. pre-delivery service consists of the following:

• Engine Compartment and Undercarriage – Check for any broken mounting brackets and inspect for correct capacities of the following (if applicable): engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear end fluid, pump transmission oil, and primer oil.

3 • Interior – Operate all doors, windows, and locks for proper adjustment. Check upholstery.

• Exterior – Repair reasonable paint scratches or chips . Tighten any loose hardware and inspect tires and wheels for proper pressure and lug torquing.

• Road Test – With the water tank (if applicable) full, the apparatus will be driven approximately twenty miles which allows the drive train components to get up to operating temperature. Road test will be on both city and highway roads . A DOT compliant brake test will be conducted to ensure the system is holding air. The brake condition and wheel seals will also be inspected.

• Electrical - Operate all lights, sirens, and other electrical accessories to verify operation.

• Pump - If applicable, vacuum test the pump to hold for 15 minutes . After vacuum test, operate the relief valve, transfer valve and check pump shift . Check water tank for leaks and inspect water level gauge for calibration . With discharge caps loose, rapid test all individual gauges and main gauges for calibration. Lubricate valve rods.

• Foam System – If applicable, tighten caps and connect foam lines. Test selector, valves, metering valve and operation of foam system (including flush).

• Fuel Tank - Fuel tank will be filled at the dealership location prior to final delivery.

• DEF Tank - DEF tank will be filled at the dealership location prior to final delivery.

• Wash - The apparatus will be thoroughly washed at the dealership location prior to final delivery.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will, at their expense, deliver the Product (including any applicable equipment, spare parts, and supplies) to the Customer specified address once completed. Prior to delivery of the Product, Customer agrees to provide proof of liability and physical damage insurance to GSFA. GSFA will not release the Product to the Customer until such proof of insurance is provided.

It is the responsibility of the Customer to have any outstanding balance due, paid in full to GSFA, prior to or at the time that the Product is complete and ready to deliver. If payment is late or delivery is delayed pending payment, a daily finance charge of $150.00 and a daily storage fee of $50.00 may apply until such payment is received.

Due to insurance liability, the Product will not be delivered without full acceptance and fu ll payment (or
prior written agreement between the Customer and GSFA).

END
OF EXHIBIT “D”

Apr il 30, 2024
Agenda It
em 6.C
RECOMM

ENDATION
By Moti
on, Authorize the City Attorney to Respond to the Formal Notice of Brown Act Violation/ Cease and Desist from Burnell Shull dated April 16, 2024.

EXECUTI

VE SUMMARY
On Apr
il 16, 2024, the City received a letter from Ms. Shull communicating a “Formal Notice of Brown Act Violation/Cease and Desist” (Attachment A, Demand Letter). The Demand letter alleges that Mayor Young violated the Ralph M. Brown Act (“Brown Act”) by (1) Stopping her from speaking during public comment during Item 2 of the March 19, 2024, meeting, and (2) Threatening to stop her when she attempted to speak at the podium, because Mayor Young did not see her hand raised. Ms. Shull further alleges that Mayor Young’s conduct caused elder abuse. Under the Brown Act, the City has 30 days from the receipt of the Demand Letter to provide a written response informing Ms. Shull of its discretion to cease and desist from the alleged action.

No response taken within 30 days is deemed as a decision not to cease and desist.

As analy
zed below, the alleged violations did not occur. This item is for the City Council, by motion, to authorize the City Attorney to send the response attached as Attachment B to Ms.

Shull, by the deadline May 16, 2024.

BACKG

ROUND AND LEGISLATIVE HISTORY
Ms.

Shull’s specific allegations relevant to this item are the following:
1) During
the public comment portion of Item 2 on the March 19, 2024, City Council meeting agenda, Mayor Young, as the chair of the meeting stopped her from speaking; and 2) When she at
tempted to speak at the podium , Mayor Young threatened to stop her from speaking because she did not see her hand raised.

Ms.

Shull’s requested cures for the above allegations are that:
1) The City
Council provide an unconditional commitment to cease, desist, and not to repeat this action, and
2) May
or Young publicly apologize to Ms. Shull for violating her rights and the Brown Act.

ANALYSIS
Scope of Item
Ms.

Shull has made allegations in her demand letter which do not relate to the Brown Act and therefore are not in the proposed response. For example, Ms. Shull’s allegation regarding Elder Abuse is not addressed here.

Agenda Item 6.C
April 30, 2024

Page 2 ends

Accordingly, this item is focused on allegations relating to the events that occurred at the March 19, 2024, City Council meeting only with respect to the Brown Act.

Govern
ment Code sections 54954.3 (a)-(c)
Govern
ment Code section 54954.3 governs public comment and requires providing an opportunity for members of the public to directly address the legislative body on any item of interest. It allows for the adoption of reasonable regulations on public comments. Further, it prohibits public criticism of the policies, procedures, programs, or services of the agency, or the acts or omission of the legislative body.

Govern
ment Code Section 54953(e)
Ms.

Shull alleges that Mayor Young threatened to stop her from speaking, stating that she would “stop the speaker” as she didn’t see her hand raised. Ms. Shull alleges that this was a violation of Section 54953 (e)(2) (i)-(iii). Section 54953(e) (2) of the Brown Act involves teleconferencing, and since Ms. Shull was not appearing telephonically, this section is not applicable.

Uncondit
ional Commitment to Cease and Desist
The Brown Act affords a legislative body a procedural protection from litigation (and costly attorney’s fees) by agreeing to an unconditional commitment to cease and desist pursuant to Government Code section 54960.2(c)(1). This commitment is done without admitting to any liability or wrongdoing. Such a commitment must be approved in an open session by the City Council. Once adopted, the City Council would be committing to cease from the noted violations in the future.

The City
Council takes the Brown Act seriously and is committed to transparency, good governance, and compliance with the Brown Act. Where appropriate, the City Council has adopted an unconditional commitment to cease and desist from violating the Brown Act.

However, contrary to Ms. Shull’s allegations, Mayor Young did not violate her rights under the Brown Act at the March 19, 2024 City Council meeting. The Mayor did initially seek to stop Ms.

Shull from approaching the podium to provide comment during Item 2 on the agenda. She had made this comment because she had not seen Ms. Shull’s hand raised at the beginning when the Mayor normally asks audience members to raise their hands if they wish to speak, so she can fairly allocate speaking times. The City Council recognizes that these questions are sim ply management tools and speakers have the right to express a desire to speak during the general comment period before it ends, in other ways than raising their hands. At this meeting, the Mayor did ultimately provide Ms. Shull with an opportunity to speak during Item 2. Ms. Shull fully utilized her general public comment period without any interruption, and the Mayor did not prevent or interrupt while Ms. Shull was speaking.

Based on
the above facts, the recommendation is that the City Council decline the reques ted cures. To communicate the City Council’s determination, the City Council is asked to authorize the City Attorney to transmit the letter attached as Attachment B to Ms. Shull.

Prepared
by: Bijal Patel, City Attorney
Attachment A: Demand Letter
Attachment B: Response Letter

ATTACHMENT A

[PLACE ON CITY LETTER HEAD]
Dear Ms. Shull
This letter is on behalf of the City Council of the City of Tracy (“City Council” or “Council”) in response to your “Formal Notice of Brown Act Violation/Cease and Desist,” dated April 16, 2024.

Your correspondence alleged that Mayor Young violated the Ralph M. Brown Act ( “Brown Act”) because she stopped you from speaking during public comments at a regular meeting held on March 19, 2024. You further allege that you attempted to speak at the podium and Mayor Young threatened to stop you from speaking because she did not see your hand raised.

You requested the following cures:
(1) The City Council provide an unconditional conditional commitment to cease, desist, and not to repeat this action; and
(2) Mayor Young apologize to you publicly.

The City Council takes the Brown Act seriously and has given substantial consideration to your concerns. The City Council’s goal is to ensure that the public is given a full opportunity to participate and is committed to transparency, good governance, and compliance with the Brown Act. In furtherance of adhering to and promoting the intent and substance of the Brown Act, the City Council responds as follows:

1. Mayor Young did not violate the Brown Act as you have noted.

Based upon the facts, the Brown Act was not violated as you have noted. The Brown Act requires, among other provisions, that:
• Every agenda provides public opportunity to directly address a legislative body before or after such body’s consideration of an item (Gov. Code section 54954.3(a)) • The legislative body does not prohibit “public criticism of the policies, procedures, programs or services of the agency, or of the acts or omissions of the legislative body” (Gov. Code section 54954.3(c)) The Mayor did initially seek to stop you from approaching the podium to provide comment during the general comment period (Item 2 on the agenda). She stated this because she had not seen your hand raised at the beginning when the Mayor normally asks audience members to raise their hands if they wish to speak, so she can fairly allocate speaking times. The City Council recognizes that these actions are simply management tools and speakers have the right to express a desire to speak during the general comment period before it ends, in other ways than raising their hands. The Mayor did ultimately provide you with an opportunity to speak during Item 2. You fully utilized your general public comment period without any interruptions.

2. Response to Your Requested Cures
As the City Council finds no violation of the Brown Act as you have alleged, the City Council declines to provide your requested cures. This determination is based upon the detailed review of the facts and applicable law.

ATTACHMENT B
Please reach out with any questions.

Regards,

_____________________________________________
Bijal Patel,
City Attorney
City of Tracy

April 30 , 2024
Agenda Item 7.A

RECOMMENDATION
The T
racy Parks & Community Services Commission recommends that the City Council, for the Aquatic Center Capital Improvement Project 78054 (Project), by motion, take the following actions: 1) reject the use of Developer’s Design Development Plans; and 2) authorize staff to plan the Project with Base Program – Option B with a $55 million project budget for the ultimate City-led development of the Project.

EXECUTIVE SUMMARY
The Aquatic
Center CIP 78045 project (Project) is an approved capital improvement project with a current project budget of $65 million. Through this item, staff is requesting that the City Council provide direction, by motion, to reject the use of a 334-page Design Development package provided to the City by the Developer for the Project. An analysis of the package, including a detailed cost estimate, was completed by staff and is discussed within the report.

Staff is
also recommending that the City Council authorize staff to proceed with planning the Project with the updated program priorities that reduce the Project budget to $55 million to deliver the Project in a timely manner. Past community outreach and City Council direction has given staff a great framework to start with on the Project; however, direction on scope is critical at this point for staff to initiate a Request for Proposals process for a design team to move this priority Project forward.

A Park
s & Community Services Commission Special Meeting was held on April 22, 2024, in which the Commission approved a motion, by majority vote, in support of staff’s recommendation in this report.

BACKGROUND AND LEGISLATIVE HISTORY
The City
of Tracy and Surland Communities LLC (Developer) have been parties to a longstanding development agreement, dating as far back as 2009, the original of which was restated in 2013 and then amended (collectively, the Development Agreement), with respect to the Developer’s development of real property located within the Ellis Specific Plan. As a part of this Development Agreement, the Developer was required to dedicate 16 acres of land within the Ellis Specific Plan through an irrevocable offer of dedication (IOD) to the City for the future home of the Project and to pay the City $10 million towards the development, construction, operation, and maintenance of the facility. Developer submitted to the City an IOD for approximately 16 acres of land located at the corner of Corral Hollow Road and Summit Drive in January 2021 and, on July 5, 2023, the City Council accepted the IOD (Resolution 2023-139).

After due diligence on the title condition of the land, the City recorded the acceptance of the IOD on February 28, 2024. Due to various public improvements made by the Developer, the net useable land is approximately 13.46 acres.

Of the
$10 million owed, the Developer made an initial payment of $2 million to the City on September 5, 2014. Through various tolling agreements, the parties extended the dates by which Developer had to grant the IOD and pay the remaining $8 million owed. The last extended dates are reflected in that certain Fourth Agreement To Toll And Extend The Agenda Item 7.A
April 30, 2024

Page 2 ends

Dedication Acceptance Period And The 60-Day Cure Period For The Second Swim Center Payment Under The Amended And Restated Development Agreement By And Between The City of Tracy and Developer, dated April 3, 2018 (Fourth Tolling Agreement).

In addition to the tolling agreements, the parties also amended the 2013 Development Agreement twice.

The most recent amendment occurred in 2018, pursuant to that certain Second Amendment to the Amended and Restated Development Agreement By and Between the City of Tracy and Developer, effectuated by the adoption of Ordinance 1253 by the City Council (2018 Second Amendment to Development Agreement). The 2018 Second Amendment to Development Agreement provided a process by which Developer could ask the City Council to exercise its legislative discreti
on to approve a further amendment to the 2013 Development Agreement to add
additional property, which properties could be eligible for residential growth allotments under the 2013 Development Agreement. In addition, the 2018 Second Amendment to the Development Agreement revised the City’s and Developer’s respective responsibilities, rights, and obligations regarding the development of the Aquatic Center. A key revision the 2018 Second Amendment made was to allow Developer to assume, from the City, responsibility for the design and construction management of the Aquatic Center. This request to shift responsibilities for
the Aquatic Center was made by the Developer and the City was required to reimburse Developer for such services, from the initial $2 Million that had been paid to the City by Developer.

On
February 26, 2024, the City filed a formal complaint against the Developer for Breach of Contract as it relates to the $10 million owed, amongst other things.

To comply with
the Writ of Mandate in the Mitracos v. City of Tracy case, the City Council rescinded
the previously approved Final Conceptual Plan for the Project that was adopted by the City Council in 2020 (Resolution 2022-134).

While the original Final Conceptual Plan has been rescinded, the ideas behind this plan were the result of extensive public input. In fact, an extensive public outreach campaign was conducted in 2016; after which community consensus was reached on the elements that were incorporated into
the now rescinded Final Conceptual Plan designed by Developer. Based on this community
input, the City Council established the following program priorities for the Project, listed
in order of importance starting with the most desirable to least desirable:

1. 50- meter pool

2. Recreation/warm -up pool

3. Lazy River

4. Water slides

5. Toddler area

6. Indoor pool (optional)

7. Fitness center (optional)
The established budget for the Project is $65 million, which includes $55 million from the City and the $10
million from the Developer required pursuant to the terms of the Development Agreement.

On April 22, 2024, a Parks & Community Services Commission (Commission) Special Meeting was held
requesting that the Commission advise the Council on the development of the Project.

Staff provided a presentation to the Commission including a specific request for motion:

Agenda Item 7.A
April 30, 2024

Page 3 ends

1) rejecting the use of Developer's Design Development Plans; and 2) authorize staff to proceed with Base Program - Option B with a $55 million project budget for City-led development of the Project. The five-member Commission voted 3 in favor, and 2 opposed to the staff recommendation.

ANALYSIS
Developer’s Design Development Plans (Developer Plans)
On September
5, 2023, the City Council approved a professional services agreement with Griffin Structures (Griffin)
to provide project management services for the Project (Resolution 2023-183). Since that time, Griffin has been actively working through preconstruction services, mostly
focused on program development for the Project.

Recently, the Developer provided the City with a 334-page Design Development package (Developer Plans) for the Project that seemed to have been developed over a period of time.

Design Development is a typical stage in the design process in which the design team is tasked with analyzing various systems and materials and estimating costs. At this stage of the design process,
a project is not yet ready for construction.

Although requested, the Developer would not provide a cost estimate or implementation timeline with the
Developer Plans. Developer has been advocating for the City to move the Project forward
with the Developer Plans. At the City Council’s request staff enlisted Griffin’s team to evaluate the Developer Plans including the completion of a comprehensive cost estimate. This work w
as in addition to other services being provided by Griffin for the Project.

The Developer
completed a Design Development package for the Project using a consultant team
hired by the Developer. The Developer Plans propose a two-phase approach to building out the Project. An evaluation consisting of a high-level program assessment, a detailed cost estimate, and a basic operational study was completed for the Developer Plans.

It should be noted that the Developer did not consult with the City during the development of the Developer Plans and to date, their plans have not included any City review of local codes, regulations
or other requirements that may or may not impact the overall design or cost to construct.

The Developer
Plans consist of the following major amenities:
• 50-meter Competition Pool • Lounge Pool – Phase 2
• Warm-Up Pool • Mini Lazy River – Phase 2
• Leisure Pool • Plunge Pool & Slide Complex – Phase 2
• Kid’s Pool
• Splash Pad
• Lazy River and Wave Pool
• Waterslide Complex
• Whirlpool 1
• Whirlpool 2
In addition to the major amenities listed above, the Developer Plans have a discernible distinction that emerges when compared to the base Project discussed below. The Developer Plans distinctly lean towards a resort-oriented approach, evident in the emphasis on retail-style Agenda Item 7.A
April 30, 2024

Page 4 ends

entrances, expansive ticketing spaces, and a layout reminiscent of a luxury facility. With over 17,500 square feet allocated to Administration and related support areas, the Developer's Plans prioritize a lavish and accommodating experience for visitors. Notably, the inclusion of a bar service,
VIP cabana area, and 7 additional pools for varying age/functions contributes to the resort-like ambiance.

A detailed cost
estimate was completed on the Developer Plans which includes the following:
• Phase 1: $156.6 million
• Phase 2: $8.5 million
Total: $165.1 million*
*Assumptions
• City has spent $1.37 million against project budget to date. • Estimated construction cost based on 30 months of cost escalation.

An operating
expenses range of $3.5-3.8 million annually should be expected for Phase 1 and $4.4-4.7 million annually for Phase 1 & 2.

With a
Phase 1 cost of $156.6 million, the Developer Plans do not present a project that is financially feasible for construction based on available funding. The Project currently has $55 million in City funding committed which would leave an approximately $100 million shortfall. As noted above, the cost estimates are based on 30 months of cost escalation, meaning the Project essentially needs to be designed and breaking ground within the next 12 months for the estimates to be accurate. This is not achievable with the City’s current financial commitment to the Project. If the timeline was to be extended to allow for additional funding to be secured, cost escalation would increase and so would the Project budget.

A complet
e redesign of the Phase 1 would be required to meet the City’s current funding available. Another challenge with the Developer Plans is that most design firms will not take on the liability associated with using another entity’s design, which would essentially mean the City would only be able to use the design team hired by the Developer to move the Project forward using the Developer Plans. Based on the large funding discrepancy between the Developer’s proposed Phase 1 and the challenges associated with other design firms using the Developer Plans, staff does not recommend proceeding with the Developer Plans on the Project moving forward.

It is
worth noting that in 2001, the City Council appointed community members to the Tracy Tomorrow and Beyond Committee (Committee) to create a vehicle for on-going citizen involvement and leadership development that would be useful to the community in a variety of ways. On July 19, 2005, the City Council charged the Committee with developing a forum to gather information from the community to review and recommend the important components for an aquatics center in Tracy. The Committee enlisted a task force (Aquatic Task Force) approach which included community participants, City-affiliated participants, and Committee members. Three public meetings were held for that purpose and the findings of those meetings, including recommendations, were presented to the City Council on October 18, 2005. At the April 17, 2007, City Council meeting, the Council consensus was that the Committee, which included the Aquatic Task Force, had accomplished their mission and the Committee should be disbanded. This was followed by the formal disbandment of the Committee on May 1, 2007 (Resolution 2007-081). This is important because a website at Agenda Item 7.A
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https://www.tracyaquaticcenter.com/ was created by the "Tracy Concerned Citizens for an Aquatic Center" and it makes note of the Aquatic Task Force still being active at this time. This website is not hosted or managed by the City and if the Aquatic Task Force is still active it is not operating by City Council direction.

Programming Priorities
To move the Project forward, staff is requesting that the City Council reaffirm programming priorities to ensure the
Project has clear parameters for the design team that is ultimately selected. The basis of the program development is the site, the budget, and the previously approved City Council
Program Priorities which include (in priority order):

1. 50- meter pool long course competition pool

2. Recreation/warm -up pool

3. Lazy River

4. Water slides

5. Toddler area

6. Indoor pool (optional)

7. Fitness center (optional)
Based on this, two programming options were developed.

Program Option A has a $65 million project budget, and Project Option B has a $55 million project budget considering that there is currently a funding gap in the Project without the full Developer contribution. It is important to understand that the program development effort is focused on feasibility of the Project scope and budget. The program priorities do not dictate final scope or budget, but rather provide key information to the design team to try and deliver as many of the program priorities as possible given all of the project’s opportunities and constraints.

Each program option takes into consideration all costs required to deliver the Project. This includes necessary site improvements, parking improvements, soft costs (design/engineering contracts, surveys, geotechnical, environmental, special inspections/testing, construction management, FF&E, etc.) and contingencies.

Base Program – Option A (Project Budget: $65 million) * Based on the program budget, the following City Council Program Priorities could be fulfilled in this option:
• 50-meter pool long course competition pool
• Recreation/warm-up pool with Toddler Area, and
• Three (3) waterslides.

The Recreation/warm-up pool is estimated to be approximately 6,000 square feet of water with a warmer water temperature than the 50-meter pool which will facilitate recreational swim activities, warm-up lanes for competition, and a zero-beach entry with play elements for toddlers. The Recreation/warm-up pool and Toddler area were combined into one body of water to work with the currently budget. The addition of Agenda Item 7.A
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toddler areas within a recreation pool is a very common approach for municipal aquatic centers to maximize utilization.

The lazy
river, indoor pool, and fitness center components would not be included due to budget constraints of the $65 million total budget allocation.

This opti
on also includes three (3) buildings: 4,900 square feet of administration, 6,400 square feet of service, and 5,000 square feet of support. This option would also provide enough parking for day one operations (approximately 240 stalls) and does not include expansion areas.

Base Progr
am – Option B (Project Budget: $55 million) *
Based on t
he program budget, the following City Council Program Priorities could also be fulfilled in this option:
• 50-meter pool long course competition pool
• Recreation/warm-up pool with Toddler Area, and
• Three (3) waterslides.

The lazy
river, indoor pool, and fitness center would not be included due to budget constraints of the $55 million budget allocation.

As c
ompared to Option A, there would be some value engineering required to reduce the Project budget by $10 million which could potentially include:
• Building sizes
• Storage areas
reduced and/or moved outdoors
• Smaller spectator area for 50-meter pool
• Shaded multi-purpose space
• Shaded cabana areas
• Pool decking square footage
• Parking
• Developed area of project
• Other cost savings mostly from percentage-based reductions to Project soft costs
The annual operating expenses for Program Option A and Program Option B, are expected to range between $2.6-2.9 million.
*Assumptions
• City has spent $1.37 million against project budget to date. • Estimated construction cost based on 30 months of cost escalation.

Based on the two Program Options summarized above, staff is recommending the “Indoor Pool” and “Fitness Center” be removed from the City Council Program Priorities list as they are not feasible within the current project budget. The lazy river is an amenity that could still be Agenda Item 7.A
April 30, 2024

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incorporated into the Project, however further consideration by the design team is necessary to determine how this element can possibly be incorporated within the budget parameters.

The program priorities, identified through the program development process, currently consists of the following (in priority order):

1. 50- meter pool long course competition pool

2. Recreation/warm -up pool with combined Toddler Area

3. Water slides

4. Lazy River

5. Indoor pool (optional) – Proposed to be removed

6. Fitness center (optional) – Proposed to be removed
The program
development summary provided above highlights what is financially feasible given the current project budget and funding availability. In previous discussions, the City Council has expressed a desire to build the Project as expeditiously as possible. Due to the ongoing potential litigation related to the Developer’s $10 million contribution, Council is strongly encouraged to consider Program Option B with a $55 million budget to move the Project forward as quickly as possible. As previously mentioned, staff recommends City Council confirm the Program Priorities for the Project as an action item.

Next Steps & Project Timeline
Based on the
direction received today, the next step would be to return to City Council on May 21, 2024, to receive direction on a specific Project budget and construction delivery method.

A tentat
ive project timeline based on the recommendations in this report is as follows:

Task Timeline
• City Council: Project Delivery and Budget
Discussion
June 2024
• Architectural and Engineering Team Procurement June – November 2024 • Design November 2024 – December 2025
• Construction & Project Close Out September 2025 – May 2027 • Grand Opening May 2027

COORDINATION
Coordinati
on on this agenda item included City staff from various City departments including Parks, Recreation & Community Services, Public Works, Finance, City Attorney’s Office and City Manager’s office. The City’s project management team from Griffin Structures was also involved.

FISCAL IMPACT
Staff’
s recommendation aligns with the current project budget and funding allocated. The Project budget is currently set at $65 million, and a portion of that has yet to be received by Developer. Fiscal impact may vary depending on City Council direction received.

Agenda Item 7.A
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Page 8 ends

STRATEGIC PLAN
This agenda ite
m supports the City of Tracy’s Quality of Life Strategic Priority, and specifically implements the following goals:

Goal 2: Faci
litate the Completion of Measure V Amenities; Objective 2: Advance Measure V amenity planning; and Short-Term Priority 2.c Begin design of Aquatic Center.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Ellis
Specific Plan Environmental Impact Report (ESP EIR) was prepared in accordance with the California Environmental Quality Act and related Guidelines (CEQA), and the City Council, on January 22, 2013, certified the ESP EIR. The ESP EIR adequately analyzed key elements of the Project and identified no mitigation measures directly related to the Project.

This action is for a reaffirmation of program priorities and approval of a programming option, and not implementation of the Project itself. Additional discretionary actions are necessary to effectuate design and construction of the Project. As such, any additional environmental review required under CEQA will be conducted prior to any critical discretionary approvals that are required to be taken in order to implement the Project.

ACTION REQUESTED OF THE CITY COUNCIL
The Tracy Par
ks & Community Services Commission recommends that the City Council, for the Aquatic Center Capital Improvement Project 78054 (Project), by motion, take the following actions: 1) reject the use of Developer’s Design Development Plans; and 2) authorize staff to plan the Project with Base Program – Option B with a $55 million project budget for the ultimate City-led development of the Project.

Prepared by
: Richard Joaquin, Parks Planning & Development Manager Reviewed
by: Jolene Jauregui-Correll, Interim Director of Parks, Recreation & Community Services
Sara Cowell, Director of Finance
Brian MacDonald, Interim Director of Public Works
Bijal Patel, City Attorney
Kimberly Murdaugh, Interim Assistant City Manager
Approved by
: Midori Lichtwardt, City Manager
Attachment A - Powerpoint Presentation
The Tracy Parks & Community Services Commission
recommends that the City Council, for the Aquatic Center Capital Improvement Project 78054 (Project), by motion, take the following actions: 1) reject the use of Developer’s Design Development Plans; and 2) authorize staff to plan the Project with Base Program – Option B with a $55 million project budget for the ultimate City-led development of the Project
April 30, 2024

ATTACHMENT A
2 OVERVIEW
• Background
• Devel
oper’s Design Development
Plans
• Program Development
• Next Steps & Project Timeline
• Q+A
3 BACKGROUND
• City and Surland (Developer)
• Developer Agreement from 2009
• 16 acres / $10 million for Project
• Mitracos v. City of Tracy
• Rescinded Final Conceptual
Plan for Project
• City resumed control of
design/construction
• Rescinded Final Conceptual
Plan
• City Council Program Priorities
Established for Project
4 BACKGROUND
• Project Budget is $65,000,000
• $55,000,000 from City
• $10,000,000 from Developer
• To date $2,000,000 received
• September 5, 2023
• City hired Project Manager
(Griffin Structures)
• Developer Design
Development Plans
• Plans only
• Griffin Structures tasked to
evaluate
5 BACKGROUND
• April 22, 2024
• Parks & Community Services Commission
Special Meeting
• Voted 3-2 in favor of staff recommendation
Developer Design Development
Plans
6 Evaluation of Developer’s Plans
7 • Griffin Structures tasked with evaluating the
334-page document
 Programming Analysis
 Third-Party Cost Estimate
 Operational Analysis
• Key Assumptions
• Cost Estimate and Implementation Timeline
requested by City, but not provided
• Document provided to City to view, not use
• City was not involved in the development
• Two-Phased Project
• Res
ort-Orientated Approach
• Resort-style entrances
• 17,500 squ
are feet allocated to admin and related
suppor
t facilities
• Includes a Banquet Hall
• 7 additional pools beyond City’s Base Program
• Bar service and VIP cabana area
• Parking lot with 350 stalls
8 Overview of Developer’s Plans
Developer’s
Proposed Aquatic Amenities
PHASE 1
• 50-meter competition pool
• Wa
rm-up pool
• L
eisure pool
• Kid’s pool
• Splash pad
• Lazy River and Wave Pool
• Waterslide Complex
• Whirlpool 1
• Whirlpool 2
PHASE 2
• Lounge Pool
• Mini Lazy River
• Plunge Pool & Slide
Com
plex
9 • Cost Estimate
Phase 1: $156.6 million
Phase 2: $8.5 million
Total: $165.1 million*
*Estimated construction cost based on 30 months of cost escalation.

Costs shown are total project costs (hard & soft).
• Operational Cost Range
• Phase 1: $3.5-3.8 million annually
• Phase 2: $4.4-4.7 million annually
10 Cost of Developer’s Plans
Key Takeaways from Review of
Developer’s Plans
11 Phase 1 redesign required, $100 million
funding shortfall
Cost estimate is only accurate if designed and
under construction within next 12 months
Liability issues for City-hired consultants to
use Developer’s Plans
• Based on items above, staff is not
recommending the use of Developer’s Plans
moving forward
Program Development
12 Previously Approved City
Council Program Priorities
13 (In priority order)

1. 50- meter Long Course Competition Pool

2. Recreation/Warm -up Pool

3. Lazy River

4. Water Slides

5. Toddler Area

6. Indoor Pool (optional)

7. Fitness Center (optional)
- Result of extensive public input

14 Aquatic Center Project Site
Corral Hollow Road
City of Tracy
Ellis Town Drive
• City now owns the land
• ~ 13.46 acres of developable land
• Provides enough room for project,
plus park facility expansion
Project Site
Program Analysis
15 Project
Site
Project Budget
Considerations
Previous
City
Council
Program
Priorities
Program Option B
($55,000,000 Budget)
Program Option A
($65,000,000 Budget)
Base Program – Option A
($65,000,000 Project Budget)
• City Council Program Priorities Included
 50-meter-lon g course competition pool
 Recreation/warm-up pool

Waterslides (3)
 Toddler Area*
 Lazy River – if budget allows
• City Council Program Priorities Not Included
Indoor Pool
 Fitness Center
*Tod
dler Area combined with Recreation/warm-up pool, very
common for municipal aquatic facilities
16 • Other Costs Included
 Three (3) Buildings
 4,900 SF Administration Building
 6,400 SF Service Building
 5,000 SF Support Building
 Parking at 240 stalls including vehicular circulation  Landscaping and other required site improvements
All soft costs and contingencies
• Operating Expense Range of $2.6-2. 9 million annually should be expected
• Current Budget Shortfall: $10 million
17 Base Program – Option A
($65,000,000 Project Budget)

 All Option A Program Priorities included
 Reduced budget = fully funded project
S
ummer 2024
 Ability to immediately move from design to
c
onstruction
Operating Expense Range similar to Option
A
• Value Engineering Considerations
• Various strategies to reduce the budget during the
desi
gn process.
18 Base Program – Option B
($55,000,000 Project Budget)

Recommended Update to
City Council Program
Priorities
19 (In priority order)

1. 50- meter Long Course Competition Pool

2. Recreation/Warm -up Pool with
combined Toddler Area

3. Water Slides

4. Lazy River

5. Indoor Pool (optional)

6. Fitness Center (optional)
REMOVE
REMOVE
Priorities combined
If budget allows
• Tentative Project Schedule
June 2024
• City Council: Agenda Item re: Project Delivery Method and
Budget
June – November 2024
• Architectural and Engineering Team Procurement
November 2024 – Decem ber 2025
• Design
September 2025 – May 2027
• Construction & Project Close Out
May 2027
• Grand Opening
20 Next Steps & Project Schedule

RECOMMENDATION
21 The Tracy Parks & Community Services
Commission recommends that the City
Council, for the Aquatic Center Capital
Improvement Project 78054 (Project), by
motion, take the following actions: 1) reject the
use of Developer’s Design Development Plans;
and 2) authorize staff to plan the Project with
Base Program – Option B with a $55 million
project budget for the ultimate City-led
development of the Project
QUESTIONS?
22

Tracy City CouncilApril 30, 2024

Tracy City Council
April 30, 2024