CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 7 Description:
Contract provisions identify specific items to be provided by the contractor that are subject to review. When we receive submittals from the contractor, they will be stamped and logged in by date of receipt. The NV5 Team will review all construction phase submittals. If the submittals include any proposed changes to the contract documents, the Resident Engineer will coordinate with the design engineer and the City, as appropriate.
A partial list of expected submittals includes:
• Construction Schedule
• Labor Compliance
• Traffic Control Plans
• SWPPP
• Safety Program
• FDR-C Mix Designs
• Minor Concrete Mix Designs
• Hot Mix Asphalt Job Mix Formula
• Material Submittals and COCs
• ADA Compliance Reports
Deliverables:
Comprehensive log of submittal tracking and response
Submittal review documentation per contract documents
Correspondence of review with status (acceptable, revise and resubmit) TASK 2.16 MATERIALS TESTING
Objectives:
1. Coordinate, conduct, interpret, and supervise all required soils and material tests and inspections in accordance with the City’s Quality Assurance Program (QAP), as required.
Description:
NV5 will follow the City’s Quality Assurance Plan (QAP) for testing materials incorporated into the work. Materials will be sampled and tested in the field by NV5’s subconsultant material testing firms. NV5 will review test results for compliance and maintain a testing log for all field testing.
Anticipated field material testing includes:
• Subgrade and aggregate base compaction testing, aggregate base material acceptance testing, hot mix asphalt material acceptance testing, hot mix asphalt density acceptance testing, and minor concrete acceptance testing.
Deliverables:
Laboratory test result reports maintained in NV5 project files and turned over to the City at the completion of the project Testing summary logs of all test reports
TASK 2.17 SURVEY VERIFICATION
Objectives:
1. Inspect Contractor’s surveying and staking.
2. Provide quality assurance.
Description:
Although construction staking will be performed by the contractor, NV5 will review the contractor’s construction staking used to control line and grade along with the corresponding survey notes for conformance with the plans. We will verify the construction staking conforms with Chapter 12 of the Caltrans Survey Manual. NV5 will work closely with the contractor’s surveyor in utilizing existing project control to make measurements to the contractor installed construction stakes used to control line and grade for the project. If questions arise or potential survey issues appear, NV5 has licensed surveyors available to perform quality assurance checks as necessary. NV5 will also employ laser levels, smart levels, and other measuring devices to confirm the contractor is constructing project elements in accordance with the lines, grades, and tolerances set forth in the contract plans.
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 8 Deliverables:
Survey notes from the contractor’s surveyor will be stored in the project files.
TASK 2.18 ARBORIST SERVICES
Objectives:
1. Review arborist reports submitted by the contractor and advise the City on tree trimmings or removals.
Description:
NV5’s subconsultant, Central Valley Landscaping and Tree, will provide an International Society of Arboriculture (IBA) certified arborist to review the contractor’s arborist reports during construction, and advise the City on any necessary tree trimming and removal associated with the projects.
Deliverables:
Written recommendations to the City
TASK 2.19 CONSTRUCTION INSPECTION
Objectives:
1. Provide daily inspection of the construction and the Contractor’s operations.
2. Prepare documentation of daily and weekly inspections.
Description:
The NV5 Team will serve as the front line of quality assurance of the contractor’s work, and as the eyes and ears to identify potential problems such as utility conflicts, schedule issues, and design ambiguities, before they occur. Primary inspection services will include the following:
• Provide day-to-day written inspection reports on all activities performed by the contractor. • Determine whether work complies with the contract documents, City’s standards, and project permits, and approve or reject work accordingly.
• Document work performed, manpower, and extra work through daily diaries. • Verify that the contractor is implementing the safety plan and safe practices in accordance with Cal/OSHA regulations.
• Schedule quality assurance material testing with the material testing firms, and coordinate corrective measures, as required, for failing materials.
• Identify any potential flaws in the constructed product and provide feedback on proposed remedial action from the contractor.
• Perform quantity calculations based on completed work for progress payments. • Take progress photos of the work and field conditions. • Monitor traffic detours/lane closures and verify that they are opened in a timely manner. • Perform and document ADA compliance verification of pedestrian facilities utilizing CEM5773 series forms. • Prepare a punch list and update as-built drawing records as the work progresses.
Deliverables:
NV5’s resident engineer’s reports and inspectors’ daily diary reports Digital photographs to document construction activities Verification of field measurements for compliance with contract plans and specifications and provision of quantity calculations for progress payments
Updates of as-built set of plans.
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 9 TASK 2.20 TEST DATA
Objectives:
1. Review material documentation and test data to ensure compliance with contract requirements.
Description:
NV5 will review test results for compliance and maintain a testing log for all field, manufactured and source inspection testing. We will verify that tests are taken and meet the requirements in accordance with the specifications and plans. NV5 will review manufacturer’s shop drawings, comment, and provide correspondence to the Contractor. Mill certifications and certificates of compliance (COCs) will be collected (some arrive in the field, others will be submitted with the materials submittal), and verify the material meets the minimum requirements of the project specifications.
Deliverables:
Log of testing which includes, date test was taken, location of test, what type of test, required results actual results, acceptable or failing result, and action taken if test failed, retest information for failing test.
File mill certs and COCs in the job file records as outlined in the Caltrans LAPM and Caltrans Construction Manual.
TASK 2.21 TRAFFIC CONTROL
Objectives:
1. Review and make recommendations regarding all traffic control proposals, any impacts on local businesses, pedestrians, and motorists.
2. Inspect Contractor’s traffic control measures to ensure compliance with specifications and the California Manual on Uniform Traffic Control Devices (CA MUTCD).
Description:
The NV5 Team will provide coordination and review of lane closures, detours, and staging to make sure that the traveling public and construction workers can safely maneuver within the project boundaries; to provide the most efficient means of travel with the least amount of congestion; and to keep the public, City, and emergency agencies aware of traffic changes.
We will review ingress and egress to the local properties, enforce specifications for lane closures, and timing of and requirements for closures. During closures, our NV5 team will inspect the closure, traffic control devices and spacing to verify the closure meets the requirements of the contract documents, Caltrans standards, and the CA MUTCD.
Deliverables:
Detour and lane closure submittal review comments and approvals.
Documentation of traffic control implementation in the inspectors’ daily diaries.
TASK 2.22 SAFETY
Objectives:
1. Conduct and document project safety meetings in accordance with the project requirements.
2. Report all accidents, including property damage, and notify proper authorities.
3. Document all incidents with photographs and written reports.
4. Enforce applicable Federal and State regulations for occupational safety and health standards for all construction activities.
Description:
NV5 will conduct staff safety meetings every week. We have a library of safety topics relevant to construction projects that we will choose from to discuss each week. We will track attendance at these staff meetings and discuss any safety issues observed in the field and opportunities to reconcile the issue. Attendance, topics and meeting notes will be filed in the job files per the Caltrans Construction Manual.
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 10 The NV5 Team will document accidents that occur on site during work hours. Property damage complaints will be directed to the Contractor and accident reports will be circulated as necessary depending on the severity of the accident.
NV5 has a safety report template that will be completed along with pictures of the accident. These will be kept in the project files.
Deliverables:
Staff safety meeting topic, attendees, and meeting notes in project files for each week.
Complete accident forms with photographs in job files.
TASK 2.23 ENVIRONMENTAL AND STORMWATER
Objectives:
1. Inspect the Contractor’s operations for conformance with the environmental documents that apply.
2. Review contractor’s Erosion and Sediment Control Plan (ESCP) or Stormwater Pollution Prevention Plan (SWPPP).
Description:
Our team will monitor the contractor’s work for compliance with all biological and environmental requirements, including any requirements that may be included in the anticipated Categorical Exemptions. We will also be available to help resolve any potential issues as they arise. Regarding stormwater management, although ESCP and/ or SWPPP compliance is the contractor’s responsibility, this NV5 Team includes multiple Qualified SWPPP Developers (QSD) and Qualified SWPPP Practitioners (QSP) who will monitor day-to-day stormwater pollution prevention practices.
The NV5 Team will start by reviewing the contractor’s ESCP or SWPPP. If a SWPPP is required, we will verify the NOI is submitted to the water board to obtain a WDID number, and that the contractor’s Water Pollution Control Manager (WPC) uploads then necessary SWPPP documents in the SMARTS system upon authorizations. Throughout the length of the project, NV5 will certify that appropriate and effective BMPs are in place and document ineffective BMPs and recommend changes. We will verify that the contractor’s inspections, documentation, and sampling are in accordance with the Construction General Permit and verify overall compliance with the approved ESCP or SWPPP. If issues arise, NV5 will investigate and recommend changes, and verify that the amendment is created and logged in the SMARTS system as necessary. If any illicit discharges occur, we will ensure they are reported as required. Lastly, we will verify that the Contractor submits annual reports onto the SMARTS system and assist the City in submitting the NOT at project completion.
Deliverables:
Monitor the implementation and effectiveness of BMPs employed in accordance with the project’s ESCP or SWPPP Document observations in the inspector’s daily diaries.
TASK 2.24 CLAIMS MANAGEMENT
Objectives:
1. Analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor.
Description:
The NV5 Team will take the lead in the resolution of any contract claims for this project during the construction contract period. We will track, provide claims administration, assemble supporting evidence, and prepare documents and responses regarding potential claims. We will draft position papers and be available to present the City position at the dispute resolution hearings. The NV5 Team will also be available to provide additional claims resolution support if further action is required. Claims resolution work, if necessary, is typically handled in the post construction services and will be performed as an extra work item because the amount of work cannot be determined ahead of time.
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 11 Deliverables:
Log of potential claims
Complete merit and cost analysis documentation per Caltrans Standard Specifications Section 5-1.4, “Potential Claim and Dispute Resolution”
Prepare letter responses and position papers
TASK 2.25 FINAL INSPECTION
Objectives:
1. Make final inspection of all construction.
2. Provide written documentation indicating conformance with the plans and specifications and approved change orders.
Description:
NV5 will coordinate a walk-through with the City, the designer, and the contractor to prepare a punch list indicating all deficiencies or omissions noted in the walk-through. We will then forward the punch list to the contractor for correction of the work in accordance with timeliness defined in the contract. NV5, in conjunction with the City, will inspect items on the punch list once the contractor has notified us that the work is complete. NV5 will sign off on completed items on the punch list. Upon completion of the punch list, we will notify the City that the work is complete and forward a copy of the completed punch list.
Deliverables:
Completed and signed-off punch-list submitted to the City with the closeout documents Notice of Completion form for the City
Task 3: Post-Construction Services
TASK 3.1 AS-BUILT PLANS
Objectives:
1. Provide red-lined plans to design firm for completion of final project As-Builts.
Description:
NV5 will monitor contractor-required record drawings on a monthly basis. We will also maintain a copy of up-to-date contract plans for the purpose of aiding the designer in the final review of the record drawings.
Deliverables:
One (1) set of contract drawings indicating recorded changes to the contract in red, as maintained by NV5.
TASK 3.2 CONTRACT RECORDS
Objectives:
1. Provide the City with complete project files documenting the project history.
Description:
All project documentation will be maintained in CMIS as detailed in Task 2.1. At the conclusion of the project, NV5 will perform a final review of the project records to ensure they are complete and accurate. The files will then be archived in PDF format for electronic storage.
Deliverables:
Archived project records in PDF format
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 12 TASK 3.3 PREPARE AND RECOMMEND FINAL PAYMENT
Objectives:
1. Negotiate final payment with the contractor.
2. Recommend final payment to the City.
Description:
After project acceptance, the NV5 Team will prepare a proposed final estimate (PFE) to allow the contractor to make exceptions to the final amount of compensation. Prior to submitting the PFE, we will meet with the contractor to attempt to agree on final payment for all contract items and change orders. If the contractor still objects to the PFE, we will assist the City in negotiating final settlement with the contractor and process the final estimate.
Deliverables:
Recommended final payment request with suitable backup documentation Completion Schedule
NV5 shall be bound by the requirements of the Agreement from the start of construction services commencing in January 2026 until the conclusion of post-construction services. It is understood that this agreement is based on the assumptions that the construction contract will have no more than 140 working days, and the project will be completed partially concurrently with the City of Turlock Roads CIP Project 23-069. Time extensions may result in the need for additional CM services. The cost proposal is based on 9-hour work shifts according to the Caltrans 5-Day Working Calendar.
Weekend and holiday work are not anticipated and therefore not included.
In the event that the City Project Manager requires additional Construction Management services, or the Construction Contract duration exceeds the working days listed above, an amendment may be required as stipulated in the Agreement.
Fee Schedule
Compensation to provide Construction Management services required for the construction observation and administration for the subject construction project as detailed in the Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be at the rates included in the attached cost proposal.
Name
Kramer Walker, PE Kolton Walker, PE Neil Novotny, EIT Brian Klassen Abraham Davis TBD Marty Sanchez TOTAL COST Classification
Construction
Manager Resident Engineer Assistant Resident Engineer Lead Inspector (7) Inspector (7) Alt. Inspector (7) Labor Compliance Officer Actual Hourly Rate $124.77 $79.19 $47.95 $82.80 $85.44 $75.00 - $95.00 $37.13 Indirect Cost Rate (ICR) 136.58% 136.58% 136.58% 136.58% 136.58% 136.58% 136.58% Net Fixed Fee 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% Hourly Billing Rate (1) $324.70 $206.08 $124.78 $215.48 $222.35 TBD $96.63 Contract Escalation Fee (8) 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 100 160 80
140 576 400 224
40 160 80 1244 1244 0 $119,974.00 $6,252.03
Man Hour Subtotal 280 896 560 1244 1244 0 224 $119,974.00 $6,252.03 Task 2 Subtotal Fees $90,915.71 $184,649.90 $69,879.11 $268,053.47 $276,600.10 $0.00 $21,644.31 $119,974.00 $6,252.03 $1,037,968.61 40 80 40 16 16 0 40
Man Hour Total 40 80 40 16 16 0 40
Tast 3 Subtotal Fees $12,987.96 $16,486.60 $4,991.36 $3,447.63 $3,557.56 $0.00 $3,865.05 $0.00 $0.00 $45,336.17 Man Hour Total Tasks 2 - 3 320 976 600 1260 1260 0 264 $119,974.00 $6,252.03 $40,675.85
Total Fees Tasks 2 - 3 $103,903.66 $201,136.49 $74,870.47 $271,501.10 $280,157.66 $0.00 $25,509.36 $119,974.00 $6,252.03 $1,123,980.63 Notes and Assumptions: Other Direct Costs
1. NV5 employee hourly rates include project-related overhead, profit, safety equipment, vehicles, laptops, and cell phones. Arborist Services $5,000.00
2. Cost proposal is based on 9-hour work shifts according to the Caltrans 5-Day Working Calendar. Per Diem ($120 per day) - 196 Days $23,520.00
3. Overtime, weekend, and holiday work is not included. Overtime hours will be paid in accordance with applicable labor law and prevailing wage rates, and are above and beyond the scope and fee of this estimate.
4. Adjustments to this estimate may be required if the actual schedule requires more or less construction management services than proposed. Proposal Total $1,152,500.63
5. This cost estimate is based on the construction phase of the project being completed within 140 working days. Time extensions (including weather delays) may result in additional CM services & fees.
6. This estimate is based on the specific scope of work described for the CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS T.O. #8A (PROJECT NO. 23-068 BP2) - CONSTRUCTION & POST-CONSTRUCTION SERVICES.
7. Classifications requiring prevailing wage are subject to the provisions set forth in the latest DIR determination.
8. An escalation fee of 5.0% will be applicable for work completed after 03/31/2026.
Staffing Plan & Fee Proposal for Construction & Post Construction Services Turlock Roads Program CIP Projects T.O. #8A (Project No. 23-068 BP2) Prepared for the City of Turlock
BSK
Materials Testing
Unico
Survey QA
TASK 2: CONSTRUCTION MANAGEMENT & INSPECTION
Project Coordination & Correspondence
SUBTASKS 2.3, 2.4, 2.7, & 2.13
Project Administration and Documentation
SUBTASKS 2.1, 2.2, 2.5, 2.6, 2.8 - 2.12, 2.14, 2.15, 2.20, & 2.24 Construction Observation & Inspection Services
SUBTASKS 2.16, 2.17, 2.18, 2.19, 2.21, 2.22, 2.23, 2.25 TASK 3: POST-CONSTRUCTION SERVICES
SUBTASKS 3.1, 3.2, & 3.3
Estimated Escalation (8):
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. 23-068 BP2 Contract No. 2024-111 Task Order #8A Date 11/20/2025
DIRECT LABOR
Hours Actual Hourly Rate Total
320 $124.77 $39,926.40
0 $85.00 $0.00
976 $79.19 $77,289.44
0 $75.00 $0.00
600 $47.95 $28,770.00
264 $37.13 $9,802.32
1260 $82.80 $104,328.00
0 $82.18 $0.00
1260 $85.44 $107,654.40
0 $81.92 $0.00
0 $85.92 $0.00
0 $80.00 - $85.00 $0.00
0 $75 - $90 $0.00
$0.00
4680
LABOR COSTS
a) Subtotal Direct Labor Costs $367,770.56
b) Anticipated Salary Increases (see page 2 for calculation) $15,630.25 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $383,400.81
FRINGE BENEFITS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $0.00
INDIRECT COSTS
f) Overhead (Rate: 136.58% ) g) Overhead [(c) x (f)] $523,648.82 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $523,648.82
FIXED FEE (Profit)
q) (Rate: 10.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $90,704.96 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
196 Calendar Day $120.00 $23,520.00
TBD TBD ACTUAL $5,000.00
l) TOTAL OTHER DIRECT COSTS $28,520.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: BSK (Material Testing) $119,974.00
Subconsultant 2: UNICO (QA Survey) $6,252.03
m) TOTAL SUBCONSULTANTS $126,226.03
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $154,746.03 TOTAL COST [(c) +(j) + (k) + (n)] $1,152,500.63
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Assistant Resident Engineer Neil Novotny, EIT
Lead Inspector Matt Ramsey**
Inspector Neil Novotny, EIT**
Inspector Bobby Dosanjh**
Description of Item
Per Diem
Arborist Services
Labor Compliance Officer Annette Rodriguez
Lead Inspector Brian Klassen**
Alternate Inspector TBD**
Inspector Abraham Davis**
Inspector Francisco Nunez, EIT**
Construction Manager Kramer Walker, PE*
Assistant Resident Engineer Francisco Nunez, EIT
Resident Engineer John Seymour, PE
Resident Engineer Kolton Walker, PE*
EXHIBIT 10-H1 COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
NV5, Inc.
Classification/Title Name
Local Assistance Procedures Manual Exhibit 10-H1
Consultant Contract No. 2024-111 Task Order #8A Date 11/20/2025
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$367,770.56 = $78.58 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $78.58 + = $82.51 Year 2 Avg Hourly Rate
Year 2 $82.51 + = $86.64 Year 3 Avg Hourly Rate
Year 3 $86.64 + = $90.97 Year 4 Avg Hourly Rate
Year 4 $90.97 + = $95.52 Year 5 Avg Hourly Rate
Year 5 $95.52 + = $100.29 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 15.00% * = 702.0 Estimated Hours Year 1
Year 2 85.00% * = 3978.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 4680.0
Year 1 $78.58 * = $55,165.58 Estimated Hours Year 1
Year 2 $82.51 * = $328,235.22 Estimated Hours Year 2
Year 3 $86.64 * = $0.00 Estimated Hours Year 3
Year 4 $90.97 * = $0.00 Estimated Hours Year 4
Year 5 $95.52 * = $0.00 Estimated Hours Year 5
= $383,400.81
= $367,770.56
= $15,630.25 Transfer to Page 1
NOTES:
1 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that the year one rates expire 03/31/26 and salary increases due to escalation are effective 04/01/26. 4 Calculations for anticipated salary escalation must be provided.
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
702
3978
0 0
0 Total Direct Labor Cost with Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
4680.0
4680.0
4680.0
4680.0
4680.0
5%
per Cost Proposal per Cost Proposal
4680
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
NV5, Inc.
Direct Labor Subtotal Total Hours
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
Local Assistance Procedures Manual Exhibit 10-H
Cost Proposal
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name: Lori Goodwin Title *: Vice President
Signature : Date of Certification (mm/dd/yyyy): 11/20/2025 Email: [email protected] Phone Number: 559-661-5228
Address: 2109 West Bullard Avenue, Suite 145, Fresno, CA 93711 * An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Construction Management Services
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).
LPP 15-01
January 2018
252 W. Larch Road, Suite H
Tracy CA 95304
P 209.245.0492
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company November 14, 2025
BSK Proposal No. C25001561
COST ESTIMATE
City of Turlock
Roads Program Capital Improvement Project
City Project No. 23-068 Package 2
DAYS HRS/DAY HOURS RATE EXTENSION
Earthwork Construction
Compaction Testing Technician - Subgrade / AB 12 6 72 $175.00 $12,600.00 Compaction Testing Technician - Trench Backfill 12 6 72 $175.00 $12,600.00 Nuclear Gauge Equipment Fee 24 $78.00 $1,872.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 24 $90.00 $2,160.00 Full Depth Reclamation (FDR)
Compaction Testing Technician - Full Depth Reclamation (FDR) 8 8 64 $175.00 $11,200.00 Compaction Testing Technician - Full Depth Reclamation (FDR) - OT 8 2 16 $262.50 $4,200.00 Nuclear Gauge Equipment Fee 8 $78.00 $624.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 8 $90.00 $720.00 Hot Mix Asphalt (HMA)
Compaction Testing Technician - HMA 11 8 88 $175.00 $15,400.00 Compaction Testing Technician - HMA - OT 11 2 22 $262.50 $5,775.00 Nuclear Gauge Equipment Fee 11 $78.00 $858.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 11 $90.00 $990.00 Concrete Construction
Concrete Sampling - Minor Concrete (Periodic) 8 4 32 $155.00 $4,960.00 Sample Pickup and Delivery 8 2 16 $132.00 $2,112.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 16 $90.00 $1,440.00 FIELD SERVICES ESTIMATE $77,511.00
SETS/UNITS RATE EXTENSION
Subgrade / AB
Caltrans Maximum Wet Density (CT 216) 15 $298.00 $4,470.00 Modified Proctor, 4" or 6" Curve (ASTM Method) 5 $353.00 $1,765.00 Sieve Analysis w/Wash (CT 202) 1 $237.00 $237.00
Sand Equivalent (CT 217) 1 $175.00 $175.00
R-Value of Soils (CT 301) 1 $497.00 $497.00
Durability Index (CT 229) 1 $348.00 $348.00
Full Depth Reclamation (FDR)
Sieve Analysis w/Wash (CT 202) 1 $237.00 $237.00
Moisture Content (CT 226) 1 $49.00 $49.00
Caltrans Maximum Wet Density (CT 216) 8 $298.00 $2,384.00 Hot Mix Asphalt (HMA)
Sieve Analysis w/Wash (CT 202) 11 $237.00 $2,607.00
Sand Equivalent (CT 217) 11 $175.00 $1,925.00
Asphalt Binder Content (CT 382) 11 $311.00 $3,421.00
Oil Content Correction Factor (CT 382) 1 $723.00 $723.00 Theoretical Maximum Specific Gravity and Density - Rice (CT 309) 11 $348.00 $3,828.00 HMA Moisture Content (CT 370) 11 $91.00 $1,001.00
Hamburg Wheel Track (AASHTO T324) 1 $2,756.00 $2,756.00 Density of Cores - Bulk Specific Gravit (CT 308) 46 $88.00 $4,048.00 Concrete - Minor
Compression Test Concrete (ASTM C39) 8 $189.00 $1,512.00 LABORATORY TESTING ESTIMATE $31,983.00
HOURS RATE EXTENSION
Principal (Contract / Performance Oversight) 4 $314.00 $1,256.00 Registered Engineer (Review, support and reporting) 12 $276.00 $3,312.00 Project Manager (Field Oversight, Daily Report Review) 12 $276.00 $3,312.00 Administration (Data Processing, Report Prep., Field Coordination) 10 $110.00 $1,100.00 Certified Payroll / DIR Upload Monthly 5 $300.00 $1,500.00 ADMINISTRATION ESTIMATE $10,480.00
TOTAL BUDGET ESTIMATE $119,974.00
FIELD SERVICES
LABORATORY TESTING
1 per day
1 per day
1 per day
FREQUENCY
1 per 2,000 CY
1 per 2,000 CY
as required
1 per test strip
1 per test strip
1 per day
BSK SERVICES ADMINISTRATION
as required
1 set per vist
1 per mix
1 per day
1 per day
1 per project
every 250 tons
1 per 2,000 CY
1 per 2,000 CY
BSK Associates - Schedule of Fees - July 1, 2025 to June 30, 2026 Principal 314.00 $ Seismic GIS 243.00 $
Senior Professional / Senior Associate 276.00 $ GIS Specialist 210.00 $ Project Professional II / Associate II 259.00 $ Information Specialist II 198.00 $ Project Professional I / Associate I 221.00 $ Information Specialist I 176.00 $ Staff Professional III 193.00 $ CAD 132.00 $
Staff Professional II 171.00 $ Litigation support 1.5x standard rate Staff Professional I 155.00 $ Deposition / Trial 2.0x standard rate Project Administrator / Project Controls Specialist 122.00 $ Administrative Assistant / Dispatcher 110.00 $
Non-Destructive Inspection/Testing 175.00 $ BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Special Inspector 158.00 $ Field Work from 0 to 4 hours Bill 4 hours Engineering Technician 144.00 $ Field Work from 4 to 8 hours Bill 8 hours Technician 139.00 $ Field Work over 8 hours / Saturdays Bill time and a half Ground Penetrating Radar Scanning Technician 348.00 $ Sundays, holidays and over 12 hours Bill double time Core Drilling Technician 270.00 $ Night Shift (Shift commencing after 2pm / before 4am) Base Rate x 12.5% Floor Flatness Testing Technician 232.00 $ Show-up time (no work performed) Bill 2 hours Sample Pickup / Transportation / Delivery 132.00 $ Sampling or cylinder pickup, minimum charge Bill 2 hours Laboratory Technician 128.00 $
Group 1 - Special inspector 205.00 $ BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Group 2 - Special Inspector 200.00 $ Field Work from 0 to 4 hours Bill 4 hours Group 3 - Engineering Technician 175.00 $ Field Work from 4 to 8 hours Bill 8 hours Group 3 - Geotechnical Professional 215.00 $ Field Work over 8 hours / Saturdays Bill time and a half Group 3 - Environmental Professional 215.00 $ Sundays, holidays and over 12 hours Bill double time Group 4 - Technician 155.00 $ Night Shift (Shift commencing after 2pm / before 4am) Base Rate x 12.5% Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours Group 1 - Geotechnical Professional 225.00 $ BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Group 1 - Environmental Professional 225.00 $ Field Work from 0 to 4 hours Bill 4 hours Group 1 - Technician 205.00 $ Field Work from 4 to 8 hours Bill 8 hours Group 2 - Special Inspector 210.00 $ Field Work over 8 hours / Saturdays Bill time and a half Group 3 - Non-Destuctive Testing (NDT) 215.00 $ Sundays, holidays and over 12 hours Bill double time Premium Shift (Weekday work before 6am / after 5pm) Bill time and a half Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours Project Administration Fees 7% of Invoice DIR Administration Fees 3% of Invoice Mileage - 2x4 (Portal to Portal) 1.00 $ Certified Payroll / DIR Upload (Monthly) 300.00 $ Mileage - 4x4 (Portal to Portal) 2.00 $ Non-Performance Certified Payroll / DIR Upload (Monthly) 100.00 $ Bridge Toll Cost + 15% Subcontractor Mngmnt / Compliance Forms (Monthly) 100.00 $ Parking Fees Cost + 15% Add. LCP Tracker or Other Compliance Software (Monthly) 200.00 $ Per Diem (as required) Quote / $250 min. Additional Special Forms, as required (Monthly) 150.00 $ Subconsultant Services Cost + 15% Project Setup (Project) 550.00 $
REIMBURSABLES
PERSONNEL RATES
Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.
PROFESSIONAL STAFF
TECHNICAL STAFF - FIELD AND LABORATORY (NON-PREVAILING WAGE)
NORTHERN CA PREVAILING WAGE LABOR RATES
SOUTHERN CA PREVAILING WAGE LABOR RATES
BSK Fee Schedule 2025-2 Page 1 of 3
BSK Associates - Schedule of Fees - July 1, 2025 to June 30, 2026 gINT (software) 71.00 $ Slide (software) 140.00 $
LPile (software) 71.00 $ Settle3D (software) 140.00 $
APile (software) 71.00 $ Cpet-IT (software) 71.00 $
SHAFT (software) 71.00 $ LiqSVs (software) 71.00 $
GROUP (software) 140.00 $ ArcGIS (software) 71.00 $
Cliq (software) 71.00 $ Surfer (software) 71.00 $
LiquefyPro (software) 71.00 $ Seep/W (software) 140.00 $ LiqIT (software) 71.00 $
Nuclear Gauge (Day) 78.00 $ 10' PVC Blank - 2"(Each) 29.00 $ Skidmore Wilhelm Calibrator (Day) 78.00 $ 10' PVC Blank - 4: (Each) 68.00 $ NDT Weld Testing Equipment - UT/MT/PT (Day) 78.00 $ 10' PVC Screen - 2" (Each) 46.00 $ Proof Load Testing Equipment (Day) 78.00 $ 10' PVC Screen - 4" (Each) 92.00 $ Torque Wrench (Day) 78.00 $ 5' PVC Blank - 2" (Each) 20.00 $ GPR Scanning Equipment (Day) 358.00 $ 5' PVC Blank - 4" (Each) 59.00 $ Rebar Locator/Pachometer (Day) 141.00 $ 5' PVC Screen - 2" (Each) 29.00 $ Coring Equipment (day) 265.00 $ 5' PVC Screen - 4" (Each) 76.00 $ Relative Humidity Meter (Day) 78.00 $ 55 Gallon Drum (Each) 138.00 $ Moisture Emission Test Kit (Each) 53.00 $ 6 "x 5' Steel Monument Cover (Each) 326.00 $ Wood Moisture Meter (Day) 78.00 $ Air Indicators (Each) 59.00 $ Air Meter (Concrete) 78.00 $ Combustible Gas Indicator (Day) 87.00 $ Laptop (Day) 83.00 $ Disposable Bailer (Each) 16.00 $
Document Scanner (Day) 36.00 $ HydroPunch Tip (Each) 27.00 $ Vehicle/Truck Charge (Day) 151.00 $ Lantec GEM 500 (Day) 285.00 $ Hand Auger (Day - Environmental) 175.00 $
Hand Auger (Day - Geotechnical) 300.00 $ Locking Cap - 2" (Each) 27.00 $ Seismograph (Day) 350.00 $ Locking Cap - 4" (Each) 56.00 $ Hand-held GPS (Day) 107.00 $ Silicone Tubing (Foot) 9.00 $ Slope Inclinometer Probe (Each) 551.00 $ Tedlar Vapor Bags (Each) 34.00 $ Double Ring Infiltrometer (Day) 600.00 $ Bottom Cap (Each) 12.00 $ Drilling Kit - Paint/Stakes/Lath (Each) 38.00 $ Disposable Purge Pump Tubing (Foot) 2.00 $ Drilling Supplies (Tubes / Caps) 450.00 $ Bison Resistivity Meter (Day) 224.00 $ Sample Sleeve w/ Caps/Teflon 6" (Each) 15.00 $ Chem Grout Pump (Day) 146.00 $ Manometer (Day) 272.00 $ DC Purge Pump (Day) 74.00 $
Generator 116.00 $ Development Pump and Controller (Day) 102.00 $ Power Auger 116.00 $ Dissolved Oxygen Meter (Day) 88.00 $ AC Cold Patch (Each) 21.00 $ Grundfos Converter (Day) 98.00 $ Bentonite Grout (Bag) 29.00 $ HydroPunch II (Each) 350.00 $ Bentonite Medium Chips (Bag) 27.00 $ Interface Meter (Each) 131.00 $ Bentonite Pellets (Bucket / Bag) 208.00 $ Kemmer Sampler (Day) 50.00 $ Bentonite Powder (Bag) 17.00 $ ORP Meter (Each) 93.00 $ Filter Sand (Bag) 16.00 $ Sample Pump (Day) 140.00 $
Portland Cement (Bag) 21.00 $ Scanning Equipment (Day) 141.00 $ Ready Mix (Bag) 20.00 $ Water Level Data Logger (Day) 108.00 $ Padlocks (Each) 29.00 $ Telescopic Wastewater Sampler (Day) 74.00 $ pH/EC/Temperature Meter (Day) 83.00 $ SVE System (Month) 1,544.00 $ PID/OVA (Day) 166.00 $ Combustible Gas Meter (Day) 265.00 $ Steam Cleaner (Day) 153.00 $ Water Meter (Day) 71.00 $
Turbidity Kit (Day) 93.00 $ Flow Monitoring Equipment (Day) 428.00 $ Water Sample Filters (Each) 30.00 $ Liquid Proportional Sampling Equipment (Day) 435.00 $ Well Sounder (Day) 66.00 $ Gas Detector Pump (Each) 50.00 $ Well Vault Traffic Rated Box (Each) 153.00 $ Landfill Gas Chromatograph (Day) 287.00 $ Bollards (Each) 131.00 $ Support Truck (Day) 287.00 $
Air Compressor (Day) 78.00 $ Sound Level Meter (Each) 45.00 $ Continuous Core Sampler (Day) 358.00 $ Water Level Transducers (Each) 17.00 $ 4" Disposable Bailers (Each) 27.00 $ Multiparameter Env Water Meter (Day) 195.00 $ Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.
SOFTWARE AND EQUIPMENT
ANALYSIS SOFTWARE USAGE FEES
EQUIPMENT
BSK Fee Schedule 2025-2 Page 2 of 3
BSK Associates - Schedule of Fees - July 1, 2025 to June 30, 2026 Modified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) 353.00 $ % Crushed Particles / Fractured Particles (CT 205/AASHTO T335) 229.00 $ Proctor with Oversize Material (ASTM / AASHTO) 441.00 $ % Flat & Elongated (ASTM D4791) 175.00 $ Proctor Check Point (All Methods) 120.00 $ Minus 200 Wash/Aggregate (ASTM C117) 116.00 $ Caltrans Maximum Wet Density (CT 216) 298.00 $ Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) 237.00 $ Minus 200 Wash Soil (ASTM D1140) 116.00 $ Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) 116.00 $ Moisture Content of Soils (ASTM D2216) 49.00 $ Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO T85) 221.00 $ Plasticity Index (ASTM D4318) 305.00 $ Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) 221.00 $ Expansion Index of Soils (ASTM D4829) 327.00 $ Sand Equivalent (ASTM D2419 / CT 217 / AASHTO T176) 175.00 $ Collapse Potential of Soils (ASTM D2435) 284.00 $ Durability Index (ASTM D3744 / CT 229 / AASHTO T210) 348.00 $ Organic Impurities (ASTM C40 / CT 213) 116.00 $ Abrasion by LA Rattler, Large Size (ASTM C535) 397.00 $ Tube Density & Moisture Content of Soil (ASTM D2216, D2937) 60.00 $ Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) 327.00 $ Visual Classification (ASTM D2488) 60.00 $ Cleanness Value of Aggregate (CT 227) 250.00 $ Hydrometer (ASTM D422 / CT 203) 331.00 $ Aggregate Wt pcf Compacted (ASTM C 29) 123.00 $ Double Hydrometer (ASTM D4221) 435.00 $ Gradation-Rip Rap - Per Sieve (D5519-Method A) 313.00 $ Fina Agg. Angularity / Uncompacted Voids (CT 234 / AASHTO T304) 154.00 $ Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) 485.00 $ Sand Density Calibration (ASTM D1566) 243.00 $ Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) 154.00 $ Minimum Resistivity of Soils (CT 643) 195.00 $ R-Value of Soils (CT 301) 497.00 $ Consolidation (ASTM D2435) w/ 2 Time Rates 581.00 $ Soil Cement Compression - Set of 3 (ASTM D1633) 331.00 $ Consolidation (ASTM D2435) w/ No Time Rates 386.00 $ CIR / FDR Compressive Strength Testing - Set 331.00 $ Unconfined Compressive Strength, Soil (ASTM D2166) 154.00 $ CIR / FDR Sample Preparation / Compaction - Set 303.00 $ Remolded Consolidation (ASTM D2435) 491.00 $ CBR (ASTM D1883/AASHTO T-180) 1,379.00 $ Minimum Index Density Soils (ASTM D4254) 96.00 $ Preparation/Compacting of Soil Stabilization Samples (Lime/Cement) Set of 3 520.00 $ Direct Shear Remolded (ASTM D3080) 364.00 $ Soluble Sulfate Chloride & Sulfide 181.00 $ Direct Shear (ASTM D3080) 305.00 $ pH Sulfate & Chloride 91.00 $ Remolded Direct Shear (ASTM D3080) 364.00 $ % Lumps/Friable Particles (ASTM C142) 112.00 $ Remolded Flexwall Perm (ASTM D5084) 776.00 $ % Organics in Soil (ASTM D2974) 190.00 $ JMF Mix Design, Superpave / Caltrans 12,430.00 $ Bitumen Content - Ignition (ASTM D6307 / CT 382 / AASHTO T308) 311.00 $ JMF Verification - HMA - Superpave / Caltrans / BMD 7,203.00 $ Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) 723.00 $ JMF Production Startup - Superpave / Caltrans / BMD 6,701.00 $ Gradation from Extraction (ASTM D5444 / AASHTO T30) 300.00 $ RAP Material Testing - Additional Fee 872.00 $ Bulk Specific Gravity - Each (CT308 / AASHTO T275 / ASTM D2726) 88.00 $ Rubberized RHMA Material - Additional Fee 2,011.00 $ Max Specific Gravity - Rice Method (ASTM D2041 / CT 309 / AASHTO T209) 348.00 $ JMF Mix Design, HVEEM 4,300.00 $ Volumetric Calculations (VMA, VFA, DP, AV, Eff. Calcs) 74.00 $ JMF Mix Design, Marshall 5,101.00 $ Moisture Content of Asphalt (CT 370 / AASHTO T329) 91.00 $ Open Graded Asphalt Optimum Bitumen Content (CT 368) 3,070.00 $ Film Stripping 123.00 $ Gyratory Compaction - Set of 3 (AASHTO T312) 464.00 $ Compaction/Preparation of HMA Briquette (CT 304) 305.00 $ Hamburg Wheel Track (AASHTO T324 / CT 389) 2,756.00 $ Stabilometer Value - Set of 3 (CT 366) 386.00 $ Tensile Strength Ratio (CT 371 / AASHTO T283) 1,521.00 $ Lab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) 2,040.00 $ Marshall Maximum Density - Set of 3 (ASTM D6926) 405.00 $ Calculated AC Maximum Density (CT 367) 138.00 $ Marshall Stability & Flow - Set of 3 (ASTM D6927) 348.00 $ Thickness Determination of AC Cores 29.00 $ Draindown Characteristics of HMA (ASTM D6390 / AASHTO T305) 350.00 $ Indirect Tensile Strength of Compacted HMA (ASTM D6931) 350.00 $ Cracking Index Test (Ideal-CT) (ASTM D8225) 450.00 $ Ideal Rut Test (Ideal-RT / Ideal-HT) (ASTM D8360) 450.00 $ Aggregate Correction Factor (ASTM D6307 / CT 382 / AASHTO T308 650.00 $ Compression Test Concrete - Per Cylinder (ASTM C39) 39.00 $ Flexural Test per Beam (ASTM C78 / CT 523) 124.00 $ Compression Test Concrete - Set of 4/5 (ASTM C39) 189.00 $ Linear Shrinkage - Set of 3 (ASTM C157) 551.00 $ Compression Test of Core (ASTM C42) 84.00 $ Unit Weight Lt Wt Concrete 78.00 $ Compressive Strength of Shotcrete Panel 441.00 $ Splitting Tensile Strength of Concrete (ASTM C496) 166.00 $ Compression Test Composite CMU Prism (1) 229.00 $ Compressive Strength CMU Block (ASTM C140) 265.00 $ Compression Test Grout (Set of 4) 167.00 $ Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) 305.00 $ Compression Test Mortar (Set of 3) 152.00 $ Masonry Linear Shrinkage (ASTM C426) 559.00 $ Compression Test Cellular Concrete / CLSM (Set of 5) 230.00 $ Masonry Core Shear Test (Title 24) 260.00 $ Tensile & Bend of Rebar #3-11 205.00 $ Brinell Hardness of Steel (ASTM E10) 138.00 $ Slip and Tensile Rebar Couplers (CT 670) 298.00 $ Rockwell Hardness of Steel (ASTM E18) 138.00 $ Bolt Proof & Ultimate Load - Each 125.00 $ Face Bend of Steel Coupon 84.00 $ Bolt Hardness - Set of 3 236.00 $ Root Bend of Weld Coupon 84.00 $ Nut Proof Load - Set of 3 236.00 $ Side Bend of Weld Coupon 84.00 $ Nut Hardness - Set of 3 236.00 $ Tensile Test of Steel Coupon 116.00 $ Washer Hardness - Set of 3 236.00 $ Bend Test of Steel Coupon 100.00 $ Dry Density Fireproofing (ASTM E605) 131.00 $ Adhesion / Cohesion Fireproofing Materials 175.00 $
METALS & FIREPROOFING
Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.
MATERIALS LABORATORY TESTS
Standard Rate Applies to Normal Testing Schedule. Rush Order Turnaround Time Charged at 1.5 x Standard Unit Rates.
HOT MIX ASPHALT
CONCRETE & MASONRY
SOILS & AGGREGATES
BSK Fee Schedule 2025-2 Page 3 of 3
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: UNICO Engineering
Project No. Contract No. Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Survey Manager Rob Markes 0 $ 92.40 $ -
Senior Land Surveyor Ryan Ming, PLS 12 $ 74.80 $ 897.60 Land Surveyor Todd Jordan, PLS 0 $ 56.00 $ -
Land Surveyor Roy Porter, LSIT 0 $ 42.00 $ -
Party Chief ** STAFF 16 $ 86.02 $ 1,376.32
Rodman ** STAFF 0 $ 78.55 $ -
Survey Technician/Drafter STAFF 0 $ 33.50 $ -
28 LABOR COSTS
a) Subtotal Direct Labor Costs $ 2,273.92
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 2,273.92
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) c) Total Fringe Benefits [(c) x (d)] $ - f) Overhead (Rate: 149.95% ) g) Overhead [(c) x (f)] $ 3,409.74 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 3,409.74
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 568.37 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
ODC - Per Diems per Night $ -
i) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 6,252.03
NOTES:
$85.00 - $105.00
$30.00 - $50.00
SAMPLE COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
November 18, 2025
Range
City of Turlock Roads Program CIP 023-68BP2
$70.00 - $100.00
$50.00 - $70.00
$40.00 - $60.00
$85.00 - $105.00
$80.00 - $100.00
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
Prime Consultant Subconsultant 2nd Tier Subconsultant
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $81.21 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $85.27 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $89.54 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $94.01 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $98.71 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 28 = 28 Estimated Hours Year 1
Year 2 * 28 = 0 Estimated Hours Year 2
Year 3 * 28 = 0 Estimated Hours Year 3
Year 4 * 28 = 0 Estimated Hours Year 4
Year 5 * 28 = 0 Estimated Hours Year 5
Total Total = 28
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 28 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
SAMPLE COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $2,273.92 28
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $81.21
$85.27
$89.54
$94.01
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%
0.0%
0.0%
0.0%
0.0%
100.0%
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$2,273.92
$0.00
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) $94.01 $0.00
$98.71 $0.00
$2,273.92
$81.21 $2,273.92
$85.27 $0.00
$89.54 $0.00
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name**: Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number:
Address: 80 Blue Ravine Road. Suite 250. Folsom, CA 95630 List services the consultant is providing under the proposed contract:
Land Surveying Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Cesar Montes de Oca President
[email protected] 916-900-6623
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 11/18/2025
SAMPLE COST PROPOSAL 1
Certification of Direct Costs:
City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Administrative Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Authorizing expenditures with Southern Tire Mart, LLC for the purchase of tire products and services under the NASPO ValuePoint Cooperative Contract No. 24158 (Bridgestone/Firestone) in an amount not to exceed $600,000 for the Fleet Maintenance Division
2. NARRATIVE:
The Fleet Maintenance Division purchases tires throughout the year to maintain the City’s vehicle and equipment fleet. These purchases support essential field operations across multiple departments, including Police, Fire, Parks, Streets, Transit, Water, and Wastewater.
Tires are procured on a rolling basis as replacements become necessary due to wear, damage, or scheduled maintenance requirements.
Southern Tire Mart, LLC is an authorized reseller under the NASPO ValuePoint cooperative purchasing agreement between the State of Iowa and Bridgestone Americas Tire Operations, Master Contract No. 24158. The City has executed a Participating Addendum for this cooperative contract, which allows the use of competitively bid pricing for tires, tubes, and associated services. Utilizing this agreement ensures consistent pricing, reduces administrative burden, and maintains alignment with Turlock Municipal Code Section 2-7- 08(b)(5), which permits purchases from vendors awarded contracts through recognized cooperative purchasing programs.
Based on historic usage and projected operational needs, total expenditures with Southern Tire Mart, LLC are expected to exceed the City Manager’s purchasing authority. Approving this resolution maintains continuity of Fleet operations, avoids delays in obtaining necessary equipment, and preserves the cost savings achieved through cooperative pricing.
3. FISCAL IMPACT / BUDGET AMENDMENT:
This action would authorize staff to spend up to $600,000 until the NASPO ValuePoint cooperative purchasing agreement expires, which is anticipated to be June 30, 2027.
Because the agreement may be extended until June 30, 2030 with the consent of the State of Iowa, staff recommend $600,000 to account for enough spending capacity to span this maximum potential four and a half year term. Expenses will be charged to various City accounts based on the type of work performed or product purchased, including Fund 505 (Fleet) account 505-50-525.46032 (Vehicle and Small Equipment Maintenance Parts).
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists
Agenda Staff Report
1/13/2026
of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Draft Resolution
2. NASPO Contract 24158
3. Participating Addendum - City of Turlock
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-
WHEREAS, the City of Turlock regularly purchases tires and related services necessary for maintaining its vehicle and equipment fleet; and WHEREAS, Southern Tire Mart, LLC, is an authorized reseller under the NASPO ValuePoint cooperative purchasing agreement with Bridgestone Americas Tire Operations, Master Contract No. 24158, which provides competitively bid pricing for tires, tubes, and related services; and
WHEREAS, Turlock Municipal Code Section 2-7-08(b)(5) allows staff to directly purchase from vendors that have been competitively awarded contracts through cooperative purchasing agreements; and
WHEREAS, the City of Turlock has executed a Participating Addendum with Bridgestone Americas Tire Operations for use of NASPO ValuePoint Contract No. 24158, which enables the City to obtain tires and services at pre-established cooperative pricing, and
WHEREAS, the cumulative cost of tires and related purchases from Southern Tire Mart, LLC, during Fiscal Year 2025-26 is projected to exceed the City Manager’s purchasing authority and therefore requires approval by the City Council, and WHEREAS, it is in the best interest of the City to continue utilizing the cooperative pricing available through NASPO ValuePoint Contract No. 24158 to ensure efficiency, cost-effectiveness, and compliance with the City’s purchasing policies, and WHEREAS, this action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as it involves organizational or administrative activities of government that do not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby authorizes expenditures with Southern Tire Mart, LLC for the purchase of tire products and services under the NASPO ValuePoint Cooperative Contract No. 24158 (Bridgestone/Firestone) in an amount not to exceed $600,000 for the Fleet Maintenance }
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
IN THE MATTER OF AUTHORIZING
EXPENDITURES WITH SOUTHERN TIRE
MART, LLC FOR THE PURCHASE OF TIRE
PRODUCTS AND SERVICES UNDER THE
NASPO VALUEPOINT COOPERATIVE
CONTRACT NO. 24158
(BRIDGESTONE/FIRESTONE) IN AN
AMOUNT NOT TO EXCEED $600,000 FOR
THE FLEET MAINTENANCE DIVISION
Resolution No. 2026-
Division.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Contract – Tires, Tubes, and Services 1
Iowa Department of Administrative Services
Contracts Declaration & Execution Page
Title of Contract:
Tires, Tubes, and Services
Bid Proposal Number
RFP0223005113
Contract Number
24158
This Agreement is entered into between the State of Iowa (by and through its agency, the Department of Administrative Services) and the Contractor named below:
State Agency’s Name:
Iowa Department of Administrative Services (DAS)
Contractor’s Name:
Bridgestone Americas Tire Operations LLC
Contract to Begin:
July 1, 2024
Date of Expiration:
June 30, 2027
Annual Extensions:
Three (3)
The parties agree to comply with the terms and conditions and attachments which are by this reference made a part of the Agreement:
Section 1 – NASPO Valuepoint Terms and Conditions …………………..……………………………………………...……..Page 2 Section 2 – Scope of Work……………..………………………………………………………………………………………..…………Page 27 Section 3 – Pricing…………………………………………………………………………………………………………………..………….Page 35 Section 4 – Contacts ……………………………………………………………………………………………………………..…..……….Page 37 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto:
Contractor: Bridgestone Americas Tire Operations LLC
By (Authorized Signature) Date Signed
Printed Name and Title of Person Signing
Address
State of Iowa: Department of Administrative Services – Central Procurement By (Authorized Signature) Date Signed
Printed Name and Title of Person Signing
Address
6/10/2024
200 4th Avenue South Nashville, TN 37201
Gregg Trosper - Business Development Government & Military Fleet Karl Wendt, Procurement Manager
1305 E. Walnut ST, Des Moines, IA 50319
June 10, 2024
Contract – Tires, Tubes, and Services 2
SECTION 1
Terms & Conditions
1.1 Definitions
1.1.1 Acceptance means acceptance of goods and services as set forth in Section 1.9 of this Master Agreement.
1.1.2 Affiliated Dealers means dealers providing Products under this Master Agreement that are owned and operated by Contractor.
1.1.3 Approved Distributor means an authorized manufacturer’s dealer, including both Affiliated Dealers and Independent Dealers, who has agreed to the terms and conditions of the NASPO ValuePoint Master Agreement.
1.1.4 Contractor means a party to this Master Agreement, whether a person or entity, that delivers goods or performs services under the terms set forth in this Master Agreement.
1.1.5 Embedded Software means one or more software applications which permanently reside on a computing device.
1.1.6 Independent Dealer means an independent dealer not owned and operated by Contractor that is authorized in accordance with the Section 2 - Scope of Work to provide Products under this Master Agreement.
1.1.7 Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangibleor intangible form, and all rights, title, and interest therein.
1.1.8 Lead State means the State centrally administering any resulting Master Agreement(s) who is a party to this Master Agreement.
1.1.9 Master Agreement means the underlying agreement executed by and between the Lead State, acting in cooperation with NASPO ValuePoint, and the Contractor, as now or hereafter amended.
1.1.10 NASPO ValuePoint is a division of the National Association of State ProcurementOfficials (“NASPO”), a 501(c)(3) corporation. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states,the District of Columbia, and territories of the United States. NASPO ValuePoint is identified inthe Master Agreement asthe recipient ofreports and may perform contract administration functions relating to collecting and receiving reports, as well as other contract administration functionsas assigned by the Lead State.
1.1.11 Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products.
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1.1.12 Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any additional Participating Entity- specific language or other requirements (e.g., ordering procedures specific to the Participating Entity, entity-specific terms and conditions, etc.).
1.1.13 Participating Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.
1.1.14 Participating State means a state that has executed a Participating Addendum or has indicated an intent to execute a Participating Addendum.
1.1.15 Product or Products and Services means any equipment, software (includingembedded software), documentation, service, or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Product includes goods and services.
1.1.16 Purchasing Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.
1.2 Term of Master Agreement
1.2.1 Initial Term
The initial term of this Master Agreement is for three (3) years. The term ofthis Master Agreement may be amended beyond initial term for three (3) additional one-year terms at the Lead State’s discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. The LeadState may, prior to execution, adjust the effective date or duration of the initial term or renewal period of any Master Agreement for the purpose of making the Master Agreement coterminous with others.
1.2.2 Amendment Limitations
The terms of this Master Agreement will not be waived,altered, modified,supplemented, or amended in anymanner whatsoever without prior written agreement of the Lead State and Contractor.
1.2.3 Amendment Term
The term of the Master Agreement may be amended past the initial term and stated renewal periods for a reasonable period if in the judgment of the Lead State afollow-on competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection will not bedeemed to limit the authority of a Lead State under its state law to otherwise negotiate contract extensions.
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1.3 Pricing, Payment & Leasing
1.3.1 Pricing
The prices contained in this Master Agreement or offered under this MasterAgreement represent the not-to-exceed price to any Purchasing Entity.
1.3.1.1 All prices and rates must be guaranteed for the initial six (6) month term of the Master Agreement.
1.3.1.2 Following the initial term of the Master Agreement, any request for a price or rate adjustment must be for an equal guarantee period and must be made at least sixty (60) days prior to the effective date.
1.3.1.3 Requests for a price or rate adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the Master Agreement will not beeffective unless approved in writing by the Lead State.
1.3.1.4 No retroactive adjustments to prices or rates will be allowed.
1.3.2 Payment
Unless otherwise agreed upon in a Participating Addendum or Order, Payment after Acceptance will be made within thirty (30) days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After sixty (60) days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in aParticipating Addendum or Order, or otherwise prescribed by applicable law.
Payments will be remitted in the manner specified in the Participating Addendum or Order. Payments may be made via a purchasing card with no additional charge.
1.3.3 Leasing or Alternative Financing Methods
The procurement and other applicable lawsof some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions arenot otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity.
1.4 Ordering
1.4.1 Order Numbers
Master Agreement order and purchase order numbers must be clearly shown on all acknowledgments, packing slips, invoices, and on all correspondence.
1.4.2 Quotes
Purchasing Entities may define entity-specific or project-specific requirements and informally compete the requirement among companies having a Master Agreement on an“as needed” basis. This proceduremay also be used when requirements are aggregated
Contract – Tires, Tubes, and Services 5
or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity’s rules and policies. ThePurchasing Entity may in its sole discretion determine which Master Agreement Contractors shouldbe solicited for a quote. The Purchasing Entity may select the quote that it considersmost advantageous, cost, and other factors considered.
1.4.3 Applicable Rules
Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities’ rules, policies, and procedures regarding the ordering of supplies and/orservices contemplated by this Master Agreement.
1.4.4 Required Documentation
Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity.
1.4.5 Term of Purchase
Orders may be placed consistent with the terms of this Master Agreement and applicable Participating Addendum during the term of the Master Agreement and Participating Addendum.
1.4.5.1 Orders must be placed pursuant to this Master Agreement prior to the terminationdate thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement.
1.4.5.2 Notwithstanding the previous, Orders must also comply with the terms of the applicable Participating Addendum, which may further restrict the period during which Orders may be placed or delivered.
1.4.5.3 Financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated,budgeted, and otherwise made available.
1.4.5.4 Notwithstanding the expiration, cancellation or termination of this Master Agreement, Contractor shall perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination.
Contractorshall not honor any Orders placed after the expiration, cancellation, or termination of this Master Agreement, or in any manner inconsistent with this Master Agreement’s terms.
1.4.5.5 Orders for any separate indefinite quantity, task order, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.
Contract – Tires, Tubes, and Services 6
1.4.6 Order Form Requirements
All Orders pursuant to this Master Agreement, at a minimum,must include:
1.4.6.1 The services or supplies being delivered;
1.4.6.2 A shipping address and other delivery requirements, if any;
1.4.6.3 A billing address;
1.4.6.4 Purchasing Entity contact information;
1.4.6.5 Pricing consistent with this Master Agreement and applicable Participating Addendum and as may be adjusted by agreement of the Purchasing Entity and Contractor;
1.4.6.6 A not-to-exceed total for the products or services being ordered; and
1.4.6.7 The Master Agreement number or the applicable Participating Addendum number, provided the Participating Addendum references the Master Agreementnumber.
1.4.7 Communication
All communications concerning administration of Orders placed mustbe furnished solely to the authorized purchasing agent within the Purchasing Entity’s purchasing office, or to such other individual identified in writing in the Order.
1.4.8 Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractualrequirements or certifications that must be satisfied at the time the Order is placed or upon delivery.These federal requirements may be proposed by Participating Entities in Participating Addendaand Purchasing Entities for incorporation in Orders placed under this Master Agreement.
1.5 Order of Precedence
1.5.1 Order
Any Order placed under this Master Agreement will consist of the followingdocuments:
1.5.1.1 A Participating Entity’s Participating Addendum (“PA”);
1.5.1.2 NASPO ValuePoint Master Agreement, including all attachments thereto;
1.5.1.3 A Purchase Order or Scope of Work/Specifications issued against the Master Agreement;
1.5.1.4 The Solicitation or, if separately executed after award, the Lead State’s bilateral agreement that integrates applicable provisions;
Contract – Tires, Tubes, and Services 7
1.5.1.5 Contractor’sresponse to the Solicitation, asrevised (if permitted) and accepted by the Lead State.
1.5.2 Conflict
These documents will be read to be consistent and complementary. Any conflict among these documents will be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those thatare expressly accepted by the Lead State and must be in writing and attached to thisMaster Agreement as an Exhibit or Attachment.
1.5.3 Participating Addenda
Participating Addenda will not be construed to diminish, modify,or otherwise derogate any provisions in this Master Agreement between the Lead State and Contractor.
Participating Addenda will not include a term of agreement that exceeds the term of the Master Agreement.
1.6 Participants and Scope
1.6.1 Requirement for a Participating Addendum
Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entityand Contractor is executed.
1.6.2 Applicability of Master Agreement
NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified,supplemented or amended by a Participating Addendum, subject to Section III. For the purposes ofillustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that thesealterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g., purchase order or contract) used by the Purchasing Entity to place the Order.
1.6.3 Authorized Use
Use of specific NASPO ValuePoint Master Agreements by state agencies, political subdivisions and other Participating Entities is subject to applicable state law and the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.
1.6.4 Obligated Entities
Obligations under this Master Agreement are limited to thoseParticipating Entities who have signed a Participating Addendum and Purchasing Entities within the scopeof those
Contract – Tires, Tubes, and Services 8
Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Participating Entities incur no financial obligations on behalf ofother Purchasing Entities.
1.6.5 Notice of Participating Addendum
Contractor shall email a fully executed PDF copy of each Participating Addendum to [email protected] to support documentation of participation and posting in appropriate databases.
1.6.6 Eligibility for a Participating Addendum
Eligible entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent of the Chief Procurement Official of the state where the entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists; the entity must ensure that they have the requisite procurement authority to execute a Participating Addendum.
1.6.7 Prohibition on Resale
Subject to any specific conditions included in the solicitation or Contractor’s proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products purchased under this Master Agreement.
Absent any such condition or explicit permission, this limitation does not prohibit:
payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental ornonprofit entities and consistent with a Purchasing Entity’s laws and regulations. Any sale ortransfer permitted by this subsection must be consistent with license rights granted for use ofintellectual property.
1.6.8 Individual Customers
Except as may otherwise be agreed to by the Purchasing Entity and Contractor, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement and as the Participating Entity hasin the Participating Addendum, including but not limited to any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entityindividually.
1.6.9 Release of Information
Throughout the duration of this Master Agreement, Contractormustsecure from the Lead State prior approval for the release of information that pertains tothe potential work or activities covered by the Master Agreement. Thislimitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan.
Contract – Tires, Tubes, and Services 9
1.6.10 No Representations
The Contractor shall not make any representations of NASPOValuePoint, the Lead State, any Participating Entity, or any Purchasing Entity’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent.
1.7 NASPO ValuePoint Provisions
1.7.1 Applicability
NASPO ValuePoint is not a party to the Master Agreement. The terms set forth in Section
1.5 are for the benefit of NASPO ValuePoint as a third-party beneficiary of thisMaster Agreement.
1.7.2 Administrative Fees
1.7.2.1 NASPO ValuePoint Fee
Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee must be submitted quarterly and is based on all salesof products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with a vendor’s response to the LeadState’s solicitation.
1.7.2.2 State Imposed Fees
Some states may require an additional fee be paid byContractor directly to the state on purchases made by Purchasing Entities within that state. Forall such requests, the fee rate or amount, payment method, and schedule for such reports and payments will be incorporated into the applicable Participating Addendum. Unless agreed to in writing by the state, Contractor may not adjust the Master Agreement pricing to include the state fee for purchases made by Purchasing Entities within thejurisdiction of the state. No such agreement will affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by Purchasing Entities outside the jurisdiction of the state requesting the additional fee.
1.7.3 NASPO ValuePoint Summary and Detailed Usage Reports
1.7.3.1 Sales Data Reporting
In accordance with this section, Contractor shall reportto NASPO ValuePoint all Orders under this Master Agreement for which Contractor has invoiced the ordering entity or individual, including Orders invoiced to ParticipatingEntity or Purchasing Entity employees for personal use if such use is permitted by this Master Agreement and the applicable Participating Addendum (“Sales Data”).
Timely and complete reporting of Sales Data is a material requirement of this Master Agreement. Reporting requirements, including those related to the format, contents, frequency,or delivery of reports, may be updated by NASPO
Contract – Tires, Tubes, and Services 10
ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. NASPO ValuePointshall have exclusive ownership of any media on which reports are submitted and shall have a perpetual, irrevocable, non-exclusive, royalty free, and transferable right to display, modify, copy, and otherwise use reports, data, and information provided under this section.
1.7.3.2 Summary Sales Data
“Summary Sales Data” is Sales Data reported as cumulative totals by state.
Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Summary Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end of the quarter. If Contractor hasno reportable Sales Data for the quarter, Contractor shall submit a zero-salesreport.
1.7.3.3 Detailed Sales Data
“Detailed Sales Data” is Sales Data that includes for each Orderall information required by the Solicitation or by NASPO ValuePoint, including customer information, Order information, and line-item details. Contractor shall, using thereporting tool or template provided by NASPO ValuePoint, report Detailed Sales Data toNASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end ofthe quarter. Detailed Sales Data shall be reported in the format provided in the Solicitationor provided by NASPO ValuePoint. The total sales volume of reported Detailed Sales Data shall be consistent with the total sales volume of reported Summary Sales Data.
1.7.3.4 Sales Data Crosswalks
Upon request by NASPO ValuePoint, Contractor shall provide to NASPO ValuePoint tables of customer and Product information and specific attributes thereof for the purpose of standardizing and analyzing reported Sales Data (“Crosswalks”). Customer Crosswalks must include a list of existing and potential Purchasing Entities and identify for each the appropriate customer type as defined by NASPO ValuePoint. Product Crosswalks must include Contractor’s part number orSKU for each Product in Contractor’s catalog and identify for each the appropriateMaster Agreement category (and subcategory, if applicable), manufacturer part number, product description, eight-digit UNSPSC Class Level commodity code, and (if applicable)EPEAT value and Energy Star rating. Crosswalk requirements and fields may be updated by NASPO ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. Contractor shall work in good faith with NASPO ValuePoint to keep Crosswalks updated as Contractor’s customer lists and product catalog change.
1.7.3.5 Executive Summary
Contractor shall, upon request by NASPO ValuePoint, provide NASPO ValuePoint with an executive summary that includes but is not limited to a list of states with an active Participating Addendum, states with which Contractor isin negotiations, and any Participating Addendum roll-out or implementation
Contract – Tires, Tubes, and Services 11
activities and issues. NASPO ValuePoint and Contractor will determine the format and content ofthe executive summary.
1.7.4 NASPO ValuePoint Cooperative Program Marketing, Training, and PerformanceReview
1.7.4.1 Staff Education
Contractor shall work cooperatively with NASPO ValuePoint personnel.
Contractor shall present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the master agreement and participating addendum process, and the manner in whicheligible entities can participate in the Master Agreement.
1.7.4.2 Onboarding Plan
Upon request by NASPO ValuePoint, Contractor shall, as Participating Addendums are executed, provide plans to launch the program for the Participating Entity. Plans will include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the scope and terms of the Master Agreement as available to the Participating Entity andeligible Purchasing Entities.
1.7.4.3 Annual Contract Performance Review
Contractor shall participate in an annual contract performance review with the Lead State and NASPO ValuePoint, which mayat the discretion of the Lead State be held in person and which may include a discussion of marketing action plans, target strategies, marketing materials, Contractor reporting,and timeliness of payment of administration fees.
1.7.4.4 Use of NASPO ValuePoint Logo
The NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a separate logo use agreement is executed with NASPO ValuePoint. Contractor or its affiliates’ logos may not be used by Lead State, NASPO ValuePoint, or any Participating State for any purpose without written permission from Contractor, except that NASPO ValuePoint may display Contractor’s logo on its Portfolio website.
1.7.4.5 Most Favored Customer
Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion ofthis Master Agreement or whose terms provide for adjustments to future rates orpricing based on rates, pricing in, or Orders from this Master Agreement. Upon request ofthe Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.
1.7.5 Cancellation
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In consultation with NASPO ValuePoint, the Lead State may, in its discretion, cancel the Master Agreement or not exercise an option to renew, when utilization of Contractor’s Master agreement does not warrant further administration of the Master Agreement.
The Lead State may also exercise its right to not renew the Master Agreement if the Contractor failsto record or report revenue for three consecutive quarters, upon 60- calendar day written noticeto the Contractor. Cancellation based on nonuse or underutilization will not occur sooner than [two years] after execution of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to cancel the Master Agreement or terminate for default subject to the terms herein. This subsection also does not limit any right of the Lead State to cancel the Master Agreement under applicable laws.
1.7.6 Canadian Participation
Subject to the approval of Contractor, any Canadianprovincial government or provincially funded entity in Alberta, British Columbia, Manitoba, NewBrunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, and territorial government or territorial government funded entity in the Northwest Territories, Nunavut, or Yukon, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, andcrown corporations, may be eligible to use Contractor's Master Agreement.
1.7.7 Additional Agreement with NASPO
Upon request by NASPO ValuePoint, awarded Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to Contractor’s obligations to NASPO ValuePoint under the terms of the Master Agreement, the terms ofwhich shall be the same or similar (and not less favorable) than the terms set forth in the Master Agreement.
1.8 Shipping and Delivery
1.8.1 Shipping Terms
All deliveries will be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor.
1.8.1.1 Notwithstanding the above, responsibility and liability for loss or damage will remain the Contractor’s until final inspection and acceptance when responsibility will pass to the Purchasing Entity except as to latent defects, fraud, and Contractor’s warranty obligations.
1.8.2 Minimum Shipping
The minimum shipment amount, if any, must be contained in theMaster Agreement. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shippedwithout transportation charges that is back ordered will be shipped without charge.
1.8.3 Inside Deliveries
To the extent applicable, all deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a
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delivery to a location other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Costs to repair any damage to the building interior (e.g., scratched walls, damage to the freight elevator, etc.) caused by Contractor or Contractor’s carrier will be the responsibility of the Contractor. Immediately uponbecoming aware of such damage, Contractor shall notify the Purchasing Entity placing theOrder.
1.8.4 Packaging
All products must be delivered in the manufacturer’s standard package. Costs must include all packing and/or crating charges. Cases must be of durable construction, ingood condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton must be marked with the commodity, brand, quantity, item codenumber and the Purchasing Entity’s Purchase Order number.
1.9 Inspection and Acceptance
1.9.1 Laws and Regulations
Any and all Products offered and furnished must comply fully withall applicable Federal, State, and local laws and regulations.
1.9.2 Applicability
Unless otherwise specified in the Master Agreement, Participating Addendum,or ordering document, the terms of this Section IX will apply. This section is not intended tolimit rights and remedies under the applicable commercial code.
1.9.3 Inspection
All Products are subject to inspection at reasonable times and places before Acceptance.
Contractorshall provide right of accessto the Lead State, orto any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement.
1.9.3.1 Productsthat do not meetspecifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use.
1.9.3.2 Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping ofProduct rejected and returned, or for which Acceptance is revoked.
1.9.4 Failure to Conform
If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by reperformance, the Purchasing Entity may require the Contractor to take necessary action
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to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of services performed.
1.9.5 Acceptance Testing
Purchasing Entity may establish a process, in keeping withindustry standards,to ascertain whether the Product meets the standard of performance or specifications prior to Acceptance by the Purchasing Entity.
1.9.5.1 The Acceptance Testing period will be thirty (30) calendar days, unless otherwise specified, starting from the day after the Product is delivered or, if installed byContractor, the day after the Product is installed and Contractor certifies that the Product is readyfor Acceptance Testing.
1.9.5.2 If the Product does not meet the standard of performance or specifications during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance ismet.
1.9.5.3 Upon rejection, the Contractor will have fifteen (15) calendar days to cure. If afterthe cure period, the Productstill has not met the standard of performance orspecifications, the Purchasing Entity may, at its option: (a) declare Contractor to be in breachand terminate the Order; (b) demand replacement Product from Contractor at noadditional cost to Purchasing Entity; or, (c) continue the cure period for an additional timeperiod agreed upon by the Purchasing Entity and the Contractor.
1.9.5.4 Contractorshall pay all costs related to the preparation and shipping of Product returned pursuant to the section.
1.9.5.5 No Product will be deemed Accepted and no charges will be paid until the standardof performance or specification is met.
1.10 Warranty
1.10.1 Applicability
Unless otherwise specified in the Master Agreement, Participating Addendum,or ordering document, the terms of this Section 1.10 will apply.
1.10.2 Warranty
The tires are subject only to Contractor’s standard limited warranty and its warranty policies currently available at www.commercial.bridgestone.com, as updated from time to time and in effect at the time of purchase (the “SLW”). The SLW is incorporated by reference into the terms of this Master Agreement. To the extent there is a conflict between this Master Agreement and the terms of the SLW, the SLW terms will govern.
Except as specifically set forth herein, Contractor makes no warranty, either express of implied with respect to any product, and specifically disclaims all other warranties, including, without limitation, warranties for merchantability, non-infringement, and fitness for a particular purpose.
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1.10.3 Breach of Warranty
Upon breach of the warranty set forth above, the Contractor will repairor replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the payments made on the Product that is being replaced.
1.10.4 Rights Reserved
The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including,without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.
1.10.5 Warranty Period Start Date
The warranty period will begin upon Acceptance, as set forth in Section 1.9.
1.11 Product Title
1.11.1 Conveyance of Title
Upon Acceptance by the Purchasing Entity, Contractor shall conveyto Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests.
1.11.2 Embedded Software
Transfer of title to the Product must include an irrevocable andperpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer ofthis software license will be at no additional cost or charge to either Purchasing Entityor Purchasing Entity’s transferee.
1.11.3 License of Pre-Existing Intellectual Property
Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate,reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre-existing Intellectual Property”). The Contractor shall be responsible for ensuring that this license is consistent with any third-party rights in the Pre-existing Intellectual Property.
1.12 Indemnification
1.12.1 General Indemnification
The Contractor shall defend, indemnify and hold harmlessNASPO, NASPO ValuePoint, the Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third-party claims, damages or causes ofaction including reasonable attorneys’ fees and related costs for any death, injury, or damage to tangible property arising from any act, error, or omission of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to performance under this Master
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Agreement. For the avoidance of doubt and notwithstanding anything to the contrary herein, all parties to this Master Agreement or a Participating Addendum acknowledge that: (i) Contractor is providing the Products through its Affiliated Dealers and certain Independent Dealers; (ii) Contractor is responsible to the Lead State and Participating States for the wrongful acts, negligence, or other liabilities of its Affiliated Dealers; and (iii) all Independent Dealers shall be directly and fully responsible (without any liability to, or contribution from, Contractor or its employees or the Affiliated Dealers) to the Lead State and the Participating States for any wrongful acts, negligence, other liabilities, insurance requirements, and warranties directly related to the Products they provide under this Master Agreement.
1.12.1.1 The Contractor shall defend, indemnify, and hold harmless NASPO, NAPSO Value Point, the Lead State, Participating Entities, and the Purchasing Entities, along with their officers and employees, or its Affiliated Dealers, relating to the performance under this Master Agreement. Notwithstanding any other provision of this Master Agreement to the contrary, except for losses caused by Contractor, its employees, or its Affiliated Dealers’ negligence or willful misconduct (as determined by a court of competent jurisdiction in a final, nonappealable order), in no event shall Contractor, its employees, or its Affiliated Dealers be liable for any loss of actual or anticipated profits, loss of anticipated business, downtime costs or delay claims (whether direct or indirect), nor for any other special, indirect, incidental, or consequential damages arising out of, relating to, or in any way in connection with this Master Agreement or the provision of Products hereunder, whether based in warranty, contract, tort, negligence, strict liability, or otherwise.
1.12.2 Intellectual Property Indemnification
The Contractor shall defend, indemnify andhold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against claims,damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use infringes Intellectual Property rights of another person or entity ("Intellectual Property Claim").
1.12.2.1 The Contractor’s obligations under this section will not extend to any combinationof the Product with any other product, system or method, unless the Product, systemor method is:
1.12.2.1.1 provided by the Contractor or the Contractor’s subsidiaries or affiliates;
1.12.2.1.2 specified by the Contractor to work with the Product;
1.12.2.1.3 reasonably required to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable ofperforming the same function; or
Type text here
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1.12.2.1.4 reasonably expected to be used in combination with the Product.
1.12.2.2 The Indemnified Party shall notify the Contractor within a reasonable timeafter receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defendingthe Intellectual Property Claim resulting in increased expenses orloss to the Contractor. If the Contractor promptly and reasonably investigates and defends anyIntellectual Property Claim, it shall have control over the defense and settlement of the Intellectual Property Claim. However, the Indemnified Party must consent inwriting for any money damages or obligations for which it may beresponsible.
1.12.2.3 The Indemnified Party shall furnish, at the Contractor’s reasonable requestand expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual PropertyClaim, the Indemnified Party may assume the defense or settlement of the Intellectual Property Claim and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim.
1.12.2.4 Unless otherwise set forth herein, Section 1.12 is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement.
1.13 Insurance
1.13.1 Term
Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. A Participating Entity may negotiate alternative Insurance requirements in their Participating Addendum, except that a Participating State cannot require Contractor to provide copies of its unredacted insurance policies unless otherwise required by such State’s applicable law.
1.13.2 Class
Contractor shall acquire such insurance from an insurance carrier or carriers licensedto conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, ata Participating Entity’s option, result in termination of its Participating Addendum. Unless otherwise agreed in a Participating Addendum, an exception to the requirement to buy and maintain the required insurance is allowed when Contractor is 100% self-insured. In this case, Contractor may self-insure all of its obligations under this Contract provided that such program of self-insurance is in compliance with the laws of the Participating State(s) in which Contractor conducts business. Regardless of whether the insurance is through a third-party insurer or self-insurance, the certificate of
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insurance will show the minimum dollar amount per occurrence and policy maximum per
13.3 below.
1.13.3 Coverage
Coverage must be written on an occurrence basis. The minimum acceptable limits will be as indicated below:
1.13.3.1 Contractor shall maintain Commercial General Liability insurance covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence and $2 million general aggregate;
1.13.3.2 Contractor must comply with any applicable State Workers Compensationor Employers Liability Insurance requirements.
1.13.4 Notice of Cancellation
Contractorshall pay premiums on all insurance policies. Contractorshall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur.
1.13.5 Notice of Endorsement
Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence mutually acceptable to the Contractor and Lead State that (1) provides that written noticeof cancellation will be delivered in accordance with the policy provisions, and (2) provides thatthe Contractor’s liability insurance policy will be primary, with any liability insurance of any Participating State as secondary; provided that Contractor’s general liability insurance shall be primary only to the extent Contractor is required to indemnify the Lead State or other Participating Entities under Section 1.12 of this Agreement.
1.13.6 Participating Entities
Contractor shall provide to Participating States and Participating Entities the same insurance obligations and documentation as those specified in Section 1.13, except the endorsement is provided to the applicable Participating State or Participating Entity.
1.13.7 Furnishing of Certificates
Contractorshall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies ofrenewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, atthe sole option of the Lead State, or any Participating Entity, result in this MasterAgreement’s termination or the termination of any Participating Addendum.
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1.13.8 Disclaimer
Insurance coverage and limits will not limit Contractor’sliability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.
1.14 General Provisions
1.14.1 Records Administration and Audit
1.14.1.1 The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as will adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including itsgrant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/ortranscribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right will survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Master Agreement, whicheveris later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. Any access to books, records, documents, or other evidence pursuant to this Section 14 shall be upon reasonable advanced notice, during normal business hours, unless mutually agreed upon otherwise.
1.14.1.2 Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examinationof the Contractor’s records.
1.14.1.3 The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement that requires the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations.
1.14.2 Confidentiality, Non-Disclosure, and Injunctive Relief
1.14.2.1 Confidentiality
Contractor acknowledgesthat it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity’s clients.
1.14.2.1.1 Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by
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Contractor orits employees or agents in the performance of this Master Agreement, including but not necessarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity(“Confidential Information”).
1.14.2.1.2 Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information.
1.14.2.1.3 Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2)is furnished by Purchasing Entity to others without restrictions similarto those imposed by this Master Agreement; (3) is rightfully inContractor’s possession without the obligation of nondisclosure prior to the time ofits disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity; or (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to theConfidential Information.
1.14.2.2 Non-Disclosure
Contractor shall hold Confidential Information in confidence,using at least the industry standard of confidentiality, and shall not copy, reproduce,sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance ofOrders placed under this Master Agreement.
1.14.2.2.1 Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential.
Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information.
1.14.2.2.2 Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the LeadState immediately if Contractor learns or has reason to believe that anyperson who has had access to Confidential Information has violated or intendsto violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive orother equitable relief in the name of Purchasing Entity or Contractor againstany such person.
1.14.2.2.3 Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose,
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directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information.
1.14.2.2.4 Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits,and evidence of the performance of this Master Agreement.
1.14.2.2.5 If Contractor is requested by a court or governmental agency with competent jurisdiction to disclose any Confidential Information, Contractor will, to the extent legally permissible, promptly notify the applicable Purchasing Entity to that such Purchasing Entity may, in its sole discretion and at its own expense, seek a protective order, other appropriate remedy, or to narrow the scope of the required disclosure. Contractor will reasonable cooperate with the applicable Purchasing Entity in seeking any such protections.
1.14.2.3 Injunctive Relief
Contractor acknowledges that Contractor’s breach of Section1.14 would cause irreparable injury to the Purchasing Entity that cannot be inadequately compensated in monetary damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of PurchasingEntity and are reasonable in scope and content.
1.14.2.4 Purchasing Entity Law
These provisions will be applicable only to extent theyare not in conflict with the applicable public disclosure laws of any PurchasingEntity.
1.14.2.5 NASPO ValuePoint
The rights granted to Purchasing Entities andContractor’s obligations under this section will also extend to NASPO ValuePoint’s Confidential Information, including but not limited to Participating Addenda, Orders ortransaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line-item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant tothis Master Agreement. To the extent permitted by law, Contractor shall notify theLead State of the identity of any entity seeking access to the ConfidentialInformation described in this subsection.
1.14.2.6 Public Information
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This Master Agreement and all related documents are subject to disclosure pursuant to the Lead State’s public information laws.
1.14.3 Assignment/Subcontracts
1.14.3.1 Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without theprior written approval of the Lead State.
1.14.3.2 The Lead State reserves the right to assign any rights or duties, includingwritten assignment of contract administration duties, to NASPO ValuePoint and other third parties.
1.14.3.3 Notwithstanding the foregoing, nothing herein shall prohibit the supply of products or services pursuant to this Master Agreement by Contractor’s Approved Distributors.
1.14.4 Changes in Contractor Representation
The Contractor must, within ten (10) calendardays, notify the Lead State in writing of any changes in the Contractor’s key administrative personnel managing the Master Agreement. The Lead State may provide feedback to Contractor regarding any changes in key personnel, as identified in the Contractor’s proposal. The Contractor shall reasonably consider the Lead State’s feedback and will propose replacement key personnel having substantially similar or better education, training, and experience as was possessed by the key person proposed and evaluated in theContractor’s proposal.
1.14.5 Independent Contractor
Contractor is an independent contractor. Contractor has no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and shall not to hold itself out as agent except as expressly set forth herein oras expressly set forth in an applicable Participating Addendum or Order.
1.14.6 Cancellation
Unless otherwise set forth herein, this Master Agreement may be canceledby either party upon sixty (60) days’ written notice prior to the effective date of thecancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days’ written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision will not affect the rights and obligationsattending Orders outstanding at the time of cancellation, including any right of a Purchasing Entityto indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit.
Cancellation of the Master Agreement due toContractor default may be immediate.
1.14.7 Force Majeure
Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, or acts of war which are
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beyond that party’s reasonable control. The Lead State may terminate this Master Agreement upon determining such delay or default will reasonably prevent successful performance ofthe Master Agreement.
1.14.8 Defaults and Remedies
1.14.8.1 The occurrence of any of the following events will be an event of default under this Master Agreement:
1.14.8.1.1 Nonperformance of contractual requirements;
1.14.8.1.2 A material breach of any term or condition of this Master Agreement;
1.14.8.1.3 Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading;
1.14.8.1.4 Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or
1.14.8.1.5 Any default specified in another section of this Master Agreement.
1.14.8.2 Upon the occurrence of an event of default, the Lead State shall issue awritten notice of default, identifying the nature of the default, and providing a period of thirty (30) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in partifthe Lead State, in its sole discretion, determines that it is reasonably necessaryto preserve public safety or prevent immediate public crisis. Time allowed for curewill not diminish or eliminate Contractor’s liability for damages, including liquidated damages to the extent provided for under this MasterAgreement.
1.14.8.3 If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach ofits obligations under this Master Agreement and the Lead State shall have the rightto exercise any or all of the following remedies:
1.14.8.3.1 Any remedy provided by law;
1.14.8.3.2 Termination of this Master Agreement and any related Contracts or portions thereof;
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1.14.8.3.3 Suspension of Contractor from being able to respond to future bid solicitations;
1.14.8.3.4 Suspension of Contractor’s performance; and
1.14.8.3.5 Withholding of payment until the default is remedied.
1.14.8.4 Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a writtennotice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, inaddition to those set forth in its Participating Addendum.
Unless otherwise specified inan Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph andany applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions will be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.
1.14.9 Waiver of Breach
Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies will not operate as a waiver under this Master Agreement, any Participating Addendum, or any Purchase Order. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order will not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, any Participating Addendum, or any Purchase Order.
1.14.10 Debarment
The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in public procurement or contracting by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed underthis Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.
1.14.11 No Waiver of Sovereign Immunity
1.14.11.1 In no event will this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity
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basedon the Eleventh Amendment to the Constitution of the United States or otherwise,from any claim or from the jurisdiction of any court.
1.14.11.2 This section applies to a claim brought against the Participating Entities whoare states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court.
This sectionis also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment tothe Constitution of the United States.
1.14.12 Governing Law and Venue
1.14.12.1 The procurement, evaluation, and award of the Master Agreement will be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the MasterAgreement after award will be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement will be governed by and construed in accordance with the laws ofthe Participating Entity’s or Purchasing Entity’s state.
1.14.12.2 Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the state serving as Lead State. Venue for any claim, dispute or action concerning the terms ofthe Master Agreement will be in the state serving as Lead State. Venue for anyclaim, dispute, or action concerning any Order placed against the Master Agreement orthe effect of a Participating Addendum will be in the Purchasing Entity’sstate.
1.14.12.3 If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award,or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party.
1.14.13 Assignment of Antitrust Rights
Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws(15 U.S.C. § 1- 15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, atthe Participating Entity's option,the right to control any such litigation on such claim for relief or cause of action.
1.14.14 Survivability
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Unless otherwise explicitly set forth in a Participating Addendum or Order,the terms of this Master Agreement as they apply to the Contractor, Participating Entities, and Purchasing Entities, including but not limited to pricing and the reporting of sales and payment of administrative fees to NASPO ValuePoint, shall survive expiration of this Master Agreement and shall continue to apply to all Participating Addenda and Orders until the expirationthereof.
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SECTION 2
Scope of Work
2.1 This Scope of Work describes the Deliverables being sought through this Contract.
2.2 Master Agreement Objectives
The purpose of this Master Agreement(s) is to provide competitive pricing for tire products and services through retail distribution networks to all Participating States.
This Master Agreement may be used by state governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the using entities chief procurement official and compliance with local statutory and regulatory provisions.
2.3 Master Agreement Deliverables
The scope of this Contract includes specific full lines of tires and tubes as covered in the Manufacturer’s Price List (MPL) and related services in the subcategories listed below.
2.3.1 Tires and Tubes Subcategories
1. Pursuit and Performance Tires
2. Automobile/Passenger Vehicles
3. Light Duty Trucks: Redial and Bias
4. Medium Commercial/Heavy Duty Trucks/Buses
5. Off-the-Road OTR: Radial and Bias
6. Agriculture/Farm
7. Industrial
8. Specialty Tires
9. Retread
2.3.2 Product and Service Specifications
2.3.2.1 General Tire Specifications
The quality for all tires shall be the equivalent or greater than Original Equipment Manufacturers (OEM) as original for automobiles, trucks, tractors, buses, backhoes, loaders, motor graders, and other heavy equipment. Tires supplied shall be marked with Federal Department of Transportation (DOT) compliance symbol. Tires shall conform to all applicable Federal Specifications.
All tires in subcategories one (1) through nine (9) shall be new, unused and shall have been produced or manufacturer within the last one (1) year prior to delivery to the purchasing Entity. Should an Authorized Dealer deliver a tire(s) with a manufacturing date exceeding the one (1) year limit, the Authorized Dealer shall pick up the expired tire(s) and replace them with tire(s) that meet
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the manufacturing date requirement for no additional fee to the Purchasing Entity.
All tires shall have the size, manufacturer’s name, DOT number, serial number, and indication of body material molded in side-wall at time of cure. The application of any of the above by any other means such as branding, application of decals, etc. shall not be acceptable.
Tires offered shall have been tested to meet or exceed American Society of Testing and Materials (ASTM) Standard F1922 for highway tires, F1923 for Off Road/Low Speed tires, and meet operations performance levels and marking requirements of Federal Standards FMVSS 109 for new pneumatic passenger tires, FMVSS 139 for new pneumatic radial tires for light vehicles, and FMVSS 119 for new pneumatic non-passenger Multi-Passenger Vehicles (MPVs), trucks, buses, and trailers.
2.3.2.1.1 Pursuit and Performance Tires
Pursuit and performance tires include tires for police and other pursuit vehicles and for other high-speed, performance vehicles.
This subcategory includes any tire that is H, V, W, Y, or ZR rated or above. An H rating is the minimum speed rating for tires in this subcategory.
Tires shall be new, standard production tires expressly designed and certified by manufacturer for high speed operation and shall exhibit exceptional safety, stability, handling, and stopping characteristics. Contractor shall maintain evidence/certifications that such tires meet all laboratory test and size requirements of Federal Standards MVSS 109.
2.3.2.1.2 Automobile/Passenger Vehicles
These tires include common passenger car tires and are designated with a “P” at the beginning of the tire size. Common applications for these types of tires would be passenger cars and minivans.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
2.3.2.1.3 Light Duty Trucks Radial and Bias
These tires can usually be identified by the letters “LT” at the beginning of the tire size. Common applications for these types of tires would be pickup trucks, sport utility vehicles, full size vans, and some trailers.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
Contract – Tires, Tubes, and Services 29
2.3.2.1.4 Medium Commercial/Heavy Duty Trucks/Buses
These tires do not have a letter at the beginning of the tire size.
Common applications for these types of tires would be medium and heavy trucks, buses,
semi-trucks, cargo, vans, and trailer tires. Tires in this subcategory have a diameter that is equal to or greater than twenty (20) inches.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
2.3.2.1.5 Off-the-Road OTR and Low Speed Off Highway Tires (Radial and Bias)
Common applications are heavy construction equipment such as wheel loaders, backhoes, graders, and trenchers.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
2.3.2.1.6 Agricultural/Farm (Radial and Bias)
Common applications are farm tractors, wagons, harvesters, and other farm implements requiring tires with high traction qualities and tires with high flotation qualities at low inflation pressures.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
2.3.2.1.7 Industrial
Common applications are specialty industrial equipment, some construction equipment, and material handling equipment such as skid loaders and forklifts and include pneumatic, non0pneumatic, and press on tires.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
2.3.2.1.8 Specialty Tires
Specialty tires may include, but are not limited to, recreational, allterrain-vehicle (ATV), boat trailer, yard and garden, and aviation tires. This category also includes all other tires not identified above.
Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.
Contract – Tires, Tubes, and Services 30
2.3.2.1.9 Retread Tires – Optional Service
A retread tire undergoes a manufacturing process to replace the worn tread on used tires to extend the longevity of the tire.
2.3.2.2 Low Roll Resistance Tires
Contractor must provide certified, low rolling resistance tires and Identify them as low roll resistance tires in the MPL. Contractor is to also provide the fuel economy rating of the low roll resistance tires offered, for example, miles per gallon fuel efficiency increase or percentage of fuel economy increase.
2.3.2.3 Tubes
All inner tubes shall be standard production first line, heavy duty butyl tubes or natural rubber of fresh stock. All tubes shall be of quality not less than the tubes normally furnished in representative quantities by OEM as original equipment for automobiles, trucks, tractors, buses, backhoes, loaders, motor graders, and other heavy equipment. Tubes shall conform to all applicable federal specifications. All tubes shall be new and shall have been produced or manufactured within the last one (1) year prior to installation or delivery to the purchasing Entity.
2.3.2.4 Detailed Services Specifications
Contractor is asked to provide pricing on each of the below mentioned listed services that may be performed by their approved Authorized Dealers to include any parts and labor. Approved Authorized Dealers shall honor the services pricing in the Contract.
Contractor is asked to provide a list of its approved Authorized Dealers for each state. The Contractor(s) is responsible for the timeliness and quality of all services provided by the approved Distributors under this Contract. NASPO ValuePoint Participating States may elect to use these services listed below at their discretion.
Product installation and repairs, such as mounting, rotation, and balancing, shall be in accordance with manufacturer’s recommended procedures of warranted new virgin-product tires for each product subcategory. a. Tire installation with purchase in store includes dismount of used tires and tubes
b. Change tire, dismount and mount
c. Flat repair, remove, repair and mount
d. Flat repair, off vehicle
e. Rotate mounted tires (per tire)
f. New valve stem rubber or metal
Contract – Tires, Tubes, and Services 31
g. Wheel balance – computer spin balance (per spin)
h. Wheel balance – computer spin balance and valve stem combination i. Foam filled
j. Alignment Services – If Contractor provides this service, the prices must be a percentage discount from list price for parts and a fixed price per hour for labor. k. Studding – Metal implants in the surface of the tread to improve traction on ice.
l. Siping – The small slots that are cut or molded into a tire tread surface. These slots are meant to aid in increasing traction in snow, ice, mud, and wet road surfaces.
m. Used tire recycle and disposal fee (per tire) – Some NASPO ValuePoint Participating States have statutes that only allow up to a specific fee to be charged. The Participating States with statue regulated fee caps will only pay the proposed amount or the statute price, whichever is lower. n. Bulk Disposal of Tires (Optional Service) – This is considered an additional chargeable service.
Contractor must, when requested, place trailers on-site at any requesting using Entity for the disposal of scrap tires. Contractor must, on a will-call basis, within five (5) days’ notification from requesting Purchasing Entity, remove and replace full trailers with empty trailers. Trailer capacity must be a minimum of six (6) tons or scrap tires. Contractor must dispose of scrap tires that are removed in Contractor provided trailers at an approved waste tire recovery area, other approved disposal methods. Contractor must invoice for disposal of scrap tires at the established Master Agreement price per ton. Contractor must submit with invoice, documentation of scrap tire disposal weight from a disposal site, if this is the method of disposal utilized by the Contractor.
Contractor may return scrap tires mounted to wheels to Purchasing Entity if dismounting is required. With prior approval from the designated Purchasing Entity contract representative, Contractor may dismount scrap tires from wheels and invoice at the established Master Agreement price for such service.
Contractor must return wheels to purchasing Entity for disposition unless instructed otherwise by purchasing Entity.
o. Tire Pressure Monitoring System (TPMS) – Vehicles all come with a TPMS which is built into the tire valve. When new tires are mounted on a vehicle with the TPMS system, the TPMS system is reinstalled with a new washer, valve, and valve cap (TPMS service kit).
Contract – Tires, Tubes, and Services 32
2.3.3 Customer Service
2.3.3.1 The Contractorshall provide a website dedicated to any Participating State that includes, but, is not limited to, services, cost, technical specifications, online ordering, and payment capability.
2.3.3.2 The Contractorshall provide a dedicated customer service representative(s) for the Master Agreement. The representative shall be available to respond to all Participating Entity inquiries within two (2) business day. The representative shall be available to resolve any customer service issues.
2.3.3.3 The Contractor shall report Key Performance Indicators (KPIs) measuring their customer service and response time. The KPI report shall be issued to the Contract Administrator no later than sixty (60) days following the end of each calendar year.
2.3.3.4 A Contractor representative(s) shall attend an annual meeting with the Lead State Contract Administrator and sourcing team to review usage and discuss any issues that are occurring, if requested. The Contractor shall be prepared to discuss overall effectiveness of contract, total sales, and customer service. The representative shall be responsible to conduct and/or coordinate sales meetings, training sessions, and product demonstrations if required.
2.3.4 Multi-Accounts within a Using Entity
Using Entities may have different agencies, departments, or divisions utilizing the goods and/or services provided by Contractor(s). Therefore, Contractor(s) shall be able to process multiple individual accounts and unique users within a Purchasing Entity.
2.3.5 Payment Types
Contractor shall accept mailed and electronic payments/P-Cards and cannot charge additional transaction fees under this Master Agreement. Contractor shall accept each Participating Entity’s payment terms established in their Participating Addendum.
2.3.6 Recruiting and Education of Approved Distributors Contractorshall agree to continue recruiting dealers to become Approved Distributors for Participating Entities for the duration of the Master Agreement. Contractor shall further agree to continue outreach with regards to the training of Approved Distributors on the terms and requirements of the Master Agreement and relaying billing procedures for each respective Participating Entity.
2.4 Contractor Responsibilities and Tasks
2.4.1 Administrative Fees
2.4.1.1 The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based
Contract – Tires, Tubes, and Services 33
on all sales of products and services under the Master Agreement (less any charges for taxes and shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing in the contract.
2.4.1.2 Additionally, some Participating Entities may require an additional administrative fee be paid directly to the state only on purchases made within that state. For all such requests, the fee level, payment method, and schedule for such reports and payments shall be incorporated into the Participating Addendum that is made part of this Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for such purchased made by Purchasing Entities within the jurisdiction of the state. All such payments shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee shall be based on the gross amount of all sales (less any charges for taxes and shipping) at the adjusted prices (if any) in Participating Addenda.
2.4.2 NASPO ValuePoint Summary and Detailed Usage Reports The Contractor shall provide the following NASPO ValuePoint reports.
2.4.2.1 Summary Sales Data – The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at:
https://calculator.naspovaluepoint.org/
2.4.2.2 Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personnel to provide plans to launch the program within the Participating State. Plans shall include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the contract offer as available in the participating state.
2.4.2.3 Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider Participating Entities proposed terms and conditions, as deemed important to the Participating Entity, for possible inclusion into the Participating Addendum. Contractor shall ensure that their sales force is aware of this contracting option.
2.4.2.4 Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of t of administrative fees.
2.4.3 Price and Rate Guarantee Period
All prices and rates shall be guaranteed for the initial six (6) month period of the Master Agreement. Following the initial six (6) month period of the Master Agreement, the Contractor may request for a price or rate adjustment for an equal guarantee period of six (6) months, and shall be made at least sixty (60) days prior to the effective date.
Requests for price or rate adjustment shall include sufficient documentation supporting
Contract – Tires, Tubes, and Services 34
the request. Any adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead State. No retroactive adjustments to prices or rate shall be allowed.
2.5 Lead State Responsibilities and Tasks
2.5.1 Adjustment in Pricing
The Lead State Contract Administrator and Multistate Sourcing Team shall review the Contractors request for a price or rate adjustment at least forty-five (45) days prior to the effective date. The Lead State Contact shall notify the Contractor their requested price or rate adjustment was approved or shall be resubmitted for approval at least thirty (30) days prior to the effective date.
2.5.2 Contract Extensions
The Lead State Contract Administrator shall give the Contractor written notice of its intent whether to exercise each renewal option no later than ninety (90) days before the end of the Contract’s then-current term.
2.5.3 Annual Review Meeting
The Lead State Contract Administrator shall coordinate a date and time that aligns with the Contractor, Contract Administrator, and Multistate Sourcing Teams schedule for the annual review meeting. The meeting shall be held in Des Moines, Iowa.
2.5.4 Participating Addendum Escalation Contact
The Lead State Contract Administrator shall be the escalation contact for a Participating Entity when the Contractor fails to respond to correspondence with the Participating Entity or if an issue or problem is not resolved in a timely fashion.
Contract – Tires, Tubes, and Services 35
SECTION 3
Pricing
3.1 Tires Pricing
Tire pricing includes all anticipated charges, including but not limited to, freight to dealer locations, cost of product and services, transaction fees, overhead, profits, and other costs or expenses incidental to the Contractor’s performance. Tire and Tube pricing does not include delivery to Purchasing Entities. Contractor’s discount off of Manufacturer’s Price List (MPL) pricing is shown below:
3.2 Tire Services Pricing
Tire services include all minor parts and labor as a total service rate. Flat rate pricing and availability of services is shown below:
Subcategory # Tire and Tube Type Percent Discount MPL Name MP: Date B1 Pursuit and Performance Tires 62% BS CONFIDENTIAL CATALOG 9/1/2023 B2 Automobile/Passenger Vehicles 43% BS CONFIDENTIAL CATALOG 9/1/2023 B3 Light Duty Trucks:
3a. Radial 37% BS CONFIDENTIAL CATALOG 9/1/2023
3b. Bias 37% BS CONFIDENTIAL CATALOG 9/1/2023
B4 Medium Commercial/Heavy Duty
Trucks/Buses 46% BS CONFIDENTIAL CATALOG 9/1/2023
B5 Off Road
5a. Off Road Radial 37% BS CONFIDENTIAL CATALOG 9/1/2023 5b. Off Road Bias 37% BS CONFIDENTIAL CATALOG 9/1/2023
B6 Agriculture/Farm
6a. Farm 23% BS CONFIDENTIAL CATALOG 9/1/2023
6b. Forestry 33% BS CONFIDENTIAL CATALOG 9/1/2023
B7 Industrial Tires 33% BS CONFIDENTIAL CATALOG 9/1/2023 B8 Specialty Tires (Motorcycle) 30% BS CONFIDENTIAL CATALOG 9/1/2023 B9 EV Tires EV WILL BE IN RESPECTIVE
SUBCATEGORY
B10 Retread 40% BS CONFIDENTIAL CATALOG 9/1/2023
Tires and Tubes by Subcategory
Contract – Tires, Tubes, and Services 36
Product SubCategory 1 & 2
Product
Sub-Category
#3
Product
SubCategory
#5
Product SubCategory #6
Product
SubCategory #7
Product
SubCategory #8
Product
SubCategory #9
Product
Sub-Category
#10
Pursuit, Performance,
Passenger, Automobile
Light Duty
Trucks Off Road Agriculture/Farm Industrial Specialty EV Tires Retread Single Dual
1 Tire Installation w/purchase in store includes
dismount of used tires and tubes (per tire) $6.00 $18.75 $30.25 $34.75 LDQ LDQ LDQ LDQ LDQ LDQ 2 Change tire, dismount and mount $15.00 $37.75 $30.50 $35.00 LDQ LDQ LDQ LDQ LDQ LDQ 3 Flat Repair, remove, repair and mount $25.75 $42.00 $65.00 $69.50 LDQ LDQ LDQ LDQ LDQ LDQ 4 Flat repair, off vehicle $20.50 $28.50 $43.50 $48.00 LDQ LDQ LDQ LDQ LDQ LDQ 5 Rotate mounted tires (per tire) $3.75 $3.75 $47.75 $52.25 LDQ LDQ LDQ LDQ LDQ LDQ 6 New valve stem rubber or metal (per tire) $3.00 $3.00 $9.00 $9.00 LDQ LDQ LDQ LDQ LDQ LDQ 7 Wheel balance-computer spin balance (Per Tire) $22.50 $22.50 $47.50 $52.00 LDQ LDQ LDQ LDQ LDQ LDQ 8 Wheel balance/Valve stem combo (per tire) $13.50 $13.50 $56.50 $61.00 LDQ LDQ LDQ LDQ LDQ LDQ 9 Alignment services (Minor parts shall be
included in the pricing of the individual services
below.)
9a. Standard two wheel alignment $77.99 $77.99 LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 9b. Four wheel alignment $79.99 $79.99 LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 9c. Bushing/cam alignment LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 10 Studding (per tire) - To be performed on new
tires only. $16.50 $16.50 LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 11 Siping (per tire) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 12 Used tire recycle/disposal fee (per tire) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 13 Bulk tire disposal (min. of six tons capacity) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 14 Tire pressure monitoring kit (per Tire) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ REFERENCE: LDQ - LOCAL DEALER QUOTE
REFERENCE: BRIDGESTONE US STANDARD SERVICE & LABOR RATES CATALOG NASPO ValuePoint Pricing for Services
Type of Service
Product
Sub-Category #4
Medium Commercial/
Heavy Duty/Bus
Contract – Tires, Tubes, and Services 37
SECTION 4
CONTACTS
4.1 Bridgestone Americas Tire Operations LLC
Gregg Trosper 615.815.0769
[email protected]
4.2 State of Iowa – DAS/Procurement Contact
Craig Trotter
515.322.8593
[email protected]
4.3 NASPO-Valuepoint
Josh Descoteaux
589.551.0958
[email protected]
Participating Addendum
for
Tires, Tubes, and Services
between
City of Turlock
and
Bridgestone Americas Tire Operations
This Participating Addendum is entered into by City of Turlock ("Participating Entity") and the following Contractor (each a "Party" and collectively the "Parties") for the purpose of participating in NASPO ValuePoint Master Agreement Number 24158, executed by Contractor and the State of Iowa ("Lead State") for Tires, Tubes, and Services ("Master Agreement"):
Bridgestone Americas Tire Operations ("Contractor")
200 4\ Ave South
Nashville TN 37201
I. PARTICIPATING ADDENDUM CONTACTS.
Contractor's contact for this Participating
Addendum is:
Participating Entity's contact for this Participating
Addendum is:
City of Turlock
Purchasing Manager
[email protected]
209-668-5402
II. TERM. This Participating Addendum is effective as of the date of the last signature below or August 13, 2025, whichever is later, and will terminate upon termination of the Master Agreement, as amended, unless the Participating Addendum is terminated sooner in accordance with the terms set forth herein.
Ill. PARTICIPATION AND USAGE. This Participating Addendum may be used only by the City of Turlock.
Participating Entity has sole authority to determine which entities are eligible to use this Participating Addendum. If Contractor becomes aware that an entity's use of this Participating Addendum is not authorized, Contractor will notify NASPO ValuePoint to initiate outreach to the appropriate parties.
IV. GOVERNING LAW. The construction and effect of this Participating Addendum and any Orders placed hereunder will be governed by, and construed in accordance with, Participating Entity's laws.
V. SCOPE. Except as otherwise stated herein, this Participating Addendum incorporates the scope, pricing, terms, and conditions of the Master Agreement and the rights and obligations set forth therein as applied to Contractor and Participating Entity and Purchasing Entities. a. Products. All products available through the Master Agreement may be offered and sold by Contractor to Purchasing Entities.
b. Services. All services available through the Master Agreement may be offered and sold by Contractor to Purchasing Entities.
c. Contractor Partners. All subcontractors, dealers, distributors, resellers, and other partners identified on Contractor's NASPO ValuePoint webpage as authorized to provide Products and Services to Participating Entity may provide Products and Services to users of this Participating Addendum.
Contractor will ensure that the participation of Contractor's subcontractors, dealers, distributors,resellers, and other partners is in accordance with the terms and conditions set forth in the Master Agreement and in this Participating Addendum.
Version 2023.06.15 A NASPO ValuePoint.
I,
' I
I I
Justin MaharajLead, Sales [email protected]
Participating Addendum for
Tires, Tubes, and Services
Between City of Turlock and Bridgestone Americas Tire Operations Any amendment to the Master Agreement shall be deemed incorporated into this Participating Addendum unless the amendment is rejected by Participating Entity in writing to Contractor within ten (10) calendar days of the amendment's effective date and is documented thereafter via written amendment hereto.
Any conflict between this Participating Addendum and the Master Agreement will be resolved in favor of the Participating Addendum. The terms of this Participating Addendum, including those modifying or adding to the terms of the Master Agreement, apply only to the Parties and shall have no effect on Contractor's participating addenda with other participating entities or Contractor's Master Agreement with the Lead State.
VI. ORDERS. Purchasing Entities may place orders under this Participating Addendum by referencing the Participating Addendum Number on an Order. Each Order placed under this Participating Addendum is subject to the pricing and terms set forth herein and in the Master Agreement, including applicable discounts, reporting requirements, and payment of administrative fees to NASPO ValuePoint and Participating Entity, if applicable.
VII. FEDERAL FUNDING REQUIREMENTS. Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. When applicable, a Purchasing Entity will identify in the Order any alternative or additional requirements related to the use of federal funds. By accepting the Order, Contractor agrees to comply with the requirements set forththerein.
VIII. NOTICE. Any notice required herein shall be sent to the following:
For Contractor: For Participating Entity:
City of Turlock
Purchasing Manager
[email protected]
209-668-5402
IX. SUBMISSION OF PARTICIPATING ADDENDUM TO NASPO VALUEPOINT. Upon execution, Contractor shall promptly email a copy of this Participating Addendum and any amendments hereto to NASPO ValuePoint at [email protected]. The Parties acknowledge and agree that the Participating Addendum, as amended, may be published on the NASPO ValuePoint website.
SIGNATURE
The undersigned for each Party represents and warrants that this Participating Addendum is a valid and legal agreement binding on the Party and enforceable in accordance with the Participating Addendum's terms and that the undersigned is duly authorized and has legal capacity to execute and deliver this Participating Addendum and bind the Party hereto. IN WITNESS WHEREOF, the Parties have executed this Participating Addendum.
CONTRACTOR:
Signature Printed Name Page 2 0f 3
Version 2023.06.15
z5bes,
PARTICIPATING ENTITY:
Printed Name
A NASPO ValuePoint.
r
~
Justin MaharajLead, Sales Operations [email protected] Merritt Gilbert
Participating Addendum for
Tires, Tubes, and Services
Between City of Turlock and
Bridgestone Americas Tire Operations
Title
Date
Version 2023.06.15
Date
A NASPO Value Point. Sales Director Sep 17, 2025
NASPO Bridgestone Participating
Addendum_City of Turlock_ICM Signed_8.26.25
Final Audit Report 2025-09-17
Created: 2025-09-17
By: Justin Maharaj ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAefzms7VvpYZa_-de19kq127LdecwnSsL "NASPO Bridgestone Participating Addendum_City of Turlock_I CM Signed_8.26.25" History
Document created by Justin Maharaj ([email protected]) 2025-09-17 - 3:26:54 PM GMT
Document emailed to Merritt Gilbert ([email protected]) for signature 2025-09-17 - 3:27:05 PM GMT
Email viewed by Merritt Gilbert ([email protected]) 2025-09-17 - 3:34:13 PM GMT
Document e-signed by Merritt Gilbert ([email protected]) Signature Date: 2025-09-17 - 3:34:41 PM GMT - Time Source: server Agreement completed.
2025-09-17 - 3:34:41 PM GMT
City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Bill Morris, City Engineer
Prepared by: Tania Hernandez, Staff Services Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Adopting a Resolution of Intention of the City Council of the City of Turlock, California, declaring intention to annex territory to the City of Turlock Community Facilities District No. 3 (Maintenance Services) and adopting a map of the area proposed to be annexed thereto (Annexation No. 1)
2. NARRATIVE:
On August 12, 2025, the City Council adopted Resolution No. 2025-147, establishing Community Facilities District No. 3 (Maintenance Services) ("CFD No. 3") to fund the ongoing maintenance and operations of public improvements associated with new development projects. Any new development project requiring a parcel map, subdivision map, general plan amendment, rezone, planned development, area-wide plan, annexation, or other discretionary permits may be required to annex into CFD No. 3 as a condition of approval. This ensures long-term funding for services such as street lighting, landscaping, storm drain facilities, sidewalks, and streets.
Adoption of a Resolution of Intention formally initiates the annexation process into CFD No.
3. CFD No. 3 ensures that maintenance costs of new developments are not absorbed by the General Fund, protecting existing taxpayers from the added financial burden.
Annexation No. 1 – Monarch Estates
Annexation No. 1 marks the first annexation into CFD No. 3. It encompasses Monarch Estates, a subdivision of approximately 2.70 acres into 16-single family residential lots, located at 2630 Roberts Road, and identified as Stanislaus County Assessor’s Parcels 087- 032-001 through 087-032-016. The City of Turlock’s Planning Commission previously approved Vesting Tentative Subdivision Map 2022-02, which includes CFD annexation as a condition of approval.
The Monarch Estates development will require the maintenance and operation of one streetlight, approximately 20,000 square feet of street slurry seal and overlay, 1,000 linear feet of street sweeping, storm drain maintenance, as well as maintenance and future replacement of street trees, sidewalk, curb, and gutter. Annexation No. 1 will secure dedicated funding for these services.
The annexation process will be conducted over three City Council meetings. The first meeting initiates the proceedings and it includes:
Agenda Staff Report
1/13/2026
• Adoption of a Resolution of Intention, including the Rate and Method of Apportionment (RMA) for Annexation No. 1
• Approval of the annexation boundary map
• Scheduling of the required public hearing
The public hearing, or the second meeting, is currently scheduled for February 24, 2026, and it will include:
• Confirmation of proof of publication of Notice of Public Hearing, signed Waiver and Consent form, completed and signed Ballot, and signed Certificate of Clerk • Public Hearing
• Adoption of Resolution Calling for a Special Election • Adoption of Resolution Declaring Results
• First reading of the Ordinance authorizing the levying and apportioning of the special tax on the annexed properties
The third and final step will be the second reading and adoption of the Ordinance which is scheduled for March 10, 2026.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Annexation No. 1 will generate $4,909.74 annually, or $306.86 per lot, as outlined in the RMA. This amount will be subject to annual Consumer Price Index (CPI) adjustments and deposited into Fund 232, which is exclusively designated for CFD No. 3.
There will be no impact to the General Fund. No budget amendment is required.
4. ENVIRONMENTAL DETERMINATION:
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
5. ATTACHMENTS:
1. Draft Resolution
2. Annexation No. 1 Boundary Map
Resolution No. 2026-
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-
WHEREAS, the City Council (the “City Council”) of the City of Turlock (the “City”) has established the City of Turlock Community Facilities District No. 3, County of Stanislaus, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from Piro Enterprises, Inc., the owner of certain real property known as Monarch Estates within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property (the “Services”), and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article
3.5;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Turlock, California,
}
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IN THE MATTER OF ADOPTING A
RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF TURLOCK,
CALIFORNIA, DECLARING INTENTION TO
ANNEX TERRITORY TO THE CITY OF
TURLOCK COMMUNITY FACILITIES
DISTRICT NO. 3 (MAINTENANCE
SERVICES) AND ADOPTING A MAP OF
THE AREA PROPOSED TO BE ANNEXED
THERETO (ANNEXATION NO. 1)
Resolution No. 2026-
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
Section 2. Name of District. The name of the existing Community Facilities District is City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California.
Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on July 7, 2025, in Book 7 of Maps of Assessment and Community Facilities Districts, Page 61, and as Instrument No 2025-0032880 in the official records of the County of Stanislaus. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 1 to City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California,” which is on file with the City Clerk (the “Annexation Map”).
Section 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
• Maintenance and lighting of parks, parkways, streets, roads, and open space;
• Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems; • Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and/or
• Any other services authorized under the Act.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District. Services and facilities may be shared or provided in common within the existing district and the territory proposed to be annexed. Maintenance services funded by the City or other special districts shall not be eligible for CFD No. 3 funding.
Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 3 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, the special taxes
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shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Stanislaus no later than 15 days prior to the date of the hearing specified in Section 8 hereof.
Section 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District.
Section 9. Necessity. The City Council finds that the Services described in Section 3 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District.
Section 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 6:00 p.m. on February 24, 2026 in the Council Chambers of the City Council, 156 South Broadway, Turlock, California.
Section 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Sections 53339.4 and 53322 of the California Government Code and shall also give notice of the time and place of said hearing by firstclass mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53322.
Section 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof.
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Section 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the annexation and the levy of special taxes within the territory proposed to be annexed to the District shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons have been registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If at the time of the close of the protest hearing, and for at least one of the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns. If more than one of the record owners of an identified parcel submits or wishes to submit a ballot, the votes attributable to the parcel will be allocated to ballots for each owner in proportion to their respective record ownership interest, rounded to the nearest one-tenth of a vote, or, if the ownership interests are not shown on the record, as established to the satisfaction of the City Clerk, the votes attributable to the parcel shall be allocated according to the ownership interests shown by documentation submitted by those record owners. The election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
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(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote
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the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
For purposes of the District and the Act, the terms “proposition” and “measure” have the same meaning.
BE IT FURTHER RESOLVED AND ORDERED
The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of
Stanislaus, State of California
Resolution No. 2026-
A-7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
APNs:
087-032-001
087-032-002
087-032-003
087-032-004
087-032-005
087-032-006
087-032-007
087-032-008
087-032-009
087-032-010
087-032-011
087-032-012
087-032-013
087-032-014
087-032-015
087-032-016
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B-8
EXHIBIT B
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For Annexation No. 1 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within Annexation No. 1 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), (“CFD No. 3 A1”), other than Assessor’s Parcels classified as Exempt Property as defined herein and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 3 A1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD No. 3: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD No. 3, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD No. 3, and any and all other costs incurred in connection with the administration of CFD No. 3. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of San Francisco-Oakland-Hayward, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
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“Base Year” means Fiscal Year beginning July 1, 2025 and ending June 30, 2026. “Building Permit” means a permit issued for construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human occupancy.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD No. 3. “CFD No. 3” means City of Turlock Community Facilities District No. 3 (Maintenance Services), established by the City Council under the Act.
“CFD No. 3 A1” means Annexation No. 1 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), established by the City Council under the Act. “City” means the City of Turlock.
“City Council” means the Council of the City of Turlock, acting as the legislative body of CFD No. 3. “Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for retail, professional/medical offices, or for any other uses that are consistent with commercial land use designations, as determined by the City. “County” means the County of Stanislaus.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD No. 3 A1 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Final Mapped Property” means an Assessor’s Parcel of Taxable Property, exclusive of Developed Property, that is located within a recorded final map, parcel map, or condominium plan that creates individual lots for which Building Permits may be issued without further subdivision, as of January 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. “Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City.
“Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of
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attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Maintenance Services” means those authorized services that may be funded by CFD No. 3 pursuant to the Act, as amended including but not limited to maintenance and lighting of local parks, parkways, trailways, streets, roads, storm drainage systems, and open space, including without limitation public easements and rights-of-way. Maintenance Services funded by the City or other special districts shall not be eligible for CFD No. 3 funding.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any, Residential Property, Public Property and Property Owner Association Property. “Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD No. 3 A1 that was owned by or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June
1. “Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Residential Lot” means an individual Assessor’s Parcel located within Final Mapped Property that is intended for the development of one or more Residential Units. “Residential Property” means all Assessor’s Parcels of Developed Property within CFD No. 3 A1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD No. 3 A1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such
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Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section H.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property or Final Mapped Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2025-26, using the definitions above, each Assessor’s Parcel within CFD No. 3 A1 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property, Final Mapped Property or Undeveloped Property.
Commencing with Fiscal Year 2025-26 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2025-26, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax, in accordance with the Method of Apportionment presented in Section D below.
The Maximum Special Tax rates for Developed Property for Fiscal Year 2025-26 are shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single-Family
Residential Property
$306.86 per
Residential Unit
Multi-Family Residential
Property
$214.80 per
Residential Unit
Commercial Property $2,294.27 per Acre
Industrial Property $2,294.27 per Acre
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For each subsequent Fiscal Year commencing July 1, 2025, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property and Final Mapped Property
Each Fiscal Year commencing in Fiscal Year 2025-26, each Assessor’s Parcel classified as Undeveloped Property or Final Mapped Property shall be subject to the Special Tax, in accordance with the Method of Apportionment presented in Section D below.
The Maximum Special Tax rate for Undeveloped Property and for Final Mapped Property shall be $306.86 per Residential Lot, or if the property does not contain Residential Lots $2,294.27 per Acre.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2025-2026 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on Taxable Property of CFD No. 3 A1 using the method described below until the total amount of Special Tax levied equals the Special Tax Requirement:
1. First, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD No. 3 A1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
2. Then, if additional revenues are needed, the Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Final Mapped Property within CFD No. 3 A1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
3. Finally, if additional revenues are needed, the Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within CFD No. 3 A1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
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F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as affordable housing subject to income and rent restrictions recorded in a regulatory agreement with the City or other public agency, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 3.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
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DO NNALINDER
STANISLAUSCO UNTYRECO RDER
BY:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,DEPUTY PRINTNAME:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
MAPREFERENCE
NUMBER
ASSESSO R'S
PARCELNUMBER
MAPREFERENCE
NUMBER
ASSESSO R'S
PARCELNUMBER
1 087-032-001 9 087-032-009
2 087-032-002 10 087-032-010
3 087-032-003 11 087-032-011
4 087-032-004 12 087-032-012
5 087-032-005 13 087-032-013
6 087-032-006 14 087-032-014
7 087-032-007 15 087-032-015
8 087-032-008 16 087-032-016
City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Randy Jones, P.E., Sr. Civil Engineer
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Appropriating $330,000 to Fund 301 “Capital Improvement,” account number 301-50-520.51300 “Construction Repairs/Improvements” from unallocated reserves for the construction of City Project No. 19-51B "Columbia Pool Improvements" Motion: Accepting improvements for City Project 19-51B "Columbia Pool Improvements" and authorizing the City Engineer to file a final Notice of Completion
2. NARRATIVE:
On April 12, 2022, City Council directed staff to proceed with a revised scope of work for City Project No. 19-51B "Columbia Pool Improvements” that, rather than repairing the pool and replacing the pool equipment, included demolition of the entire existing facility and installing all new improvements, including a concession building, a storage building, restrooms, and a pump and chemical room building.
On September 12, 2023, City Council awarded an agreement with Bobo Construction of Elk Grove, CA for construction of City Project No. 19-51B "Columbia Pool Improvements" and approved a change order contingency of $350,000. There were 25 change orders totaling $324,906.89 or 92.83% of the available contingency. The final contract amount, including change orders and final quantity adjustment, is $6,022,421.95.
Construction has been completed per the approved project plans and specifications. The contractor has now submitted all the required documentation and has agreed with the final quantities. Staff requests City Council approval to authorize the City Engineer to file a Notice of Completion. California Civil Code Section 9204 allows a public entity to record a Notice of Completion as signed and verified by its agent.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No General Fund money was used for this project.
The total project costs are presented below.
Description: Cost:
Preliminary Engineering and Demolition of
Existing Facility
Staff, Consultants, and Contractor
$627,144.12
Bobo Construction $6,022,421.95
Agenda Staff Report
1/13/2026
Construction Engineering
Staff
$350,000.00
Engineering Services During Construction and
Construction Staking
Westwood
$134,895.15
Materials Testing
BSK Associates
$54,822.75
Purchase of Public Restroom Company
Buildings
$1,678,717.00
Purchase of Romtec Building $108,239.70
Purchase of Chemical Storage Buildings $36,655.60
Building Permits
City of Turlock
$19,941.23
Structural Design
Blair, Church, and Flynn
$2,500.00
Pacific Gas and Electric Service Design and
Construction
$71,507.84
Turlock Irrigation District Service Design and
Construction
$19,586.00
Turlock Irrigation District Grant Funds ($197,264.00)
Miscellaneous Project Costs $4,118.69
Total Project Cost $8,933,286.03
Previous Fiscal Year Expenses $8,604,029.79
FY 25/26 Estimated Expenses $329,256.24
Estimated Expenses Rounded Up
(appropriation request)
$330,000
The designated project account for this project is Fund 301 “Capital Improvement,” account number 301-50-520.51300 “Construction Repairs/Improvements.” Staff is requesting an appropriation of funds that were not budgeted from previous fiscal year to this fiscal year.
4. ENVIRONMENTAL DETERMINATION:
On September 12, 2023, the City Council determined the award of bid exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) and Section 15332 (In-Fill Development).
5. ATTACHMENTS:
Agenda Staff Report
1/13/2026
1. Draft Resolution
2. Final Quantities
3. Notice of Completion
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-
WHEREAS, City Project No. 19-51B "Columbia Pool Improvements" installed a new public pool facility; and
WHEREAS, this funding was previously appropriated to this account to fund this project; and
WHEREAS, sufficient and suitable funding is available in Fund 301 "Capital Improvement" unallocated reserves; and
WHEREAS, this action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines, as it involves replacement or reconstruction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby appropriates $330,000 to Fund 301 "Capital Improvement" account number 301- 50-520.51300 “Construction Repairs/Improvements” from unallocated reserves for the construction of City Project No. 19-51B "Columbia Pool Improvements".
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
}
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IN THE MATTER OF APPROPRIATING
$330,000 TO FUND 301 "CAPITAL
IMPROVEMENT" ACCOUNT NUMBER 301-
50-520.51300 “CONSTRUCTION
REPAIRS/IMPROVEMENTS” FROM
UNALLOCATED RESERVES FOR THE
CONSTRUCTION OF CITY PROJECT NO.
19-51B “COLUMBIA POOL
IMPROVEMENTS"
CITY OF TURLOCK
FINAL QUANTITIES
Project No. 19-51B
Item Unit of Contractor's Final Actual Final Actual Bid Bid Total No. Item Description Measure Unit Price Quantities Amount Quantities Amount Difference 1 Mobilization and Demobilization (Max 5%) LS $273,000.00 1.00 $273,000.00 1.00 $273,000.00 $0.00 2 General Conditions (Max 3%) LS $117,000.00 1.00 $117,000.00 1.00 $117,000.00 $0.00 3 Construction Project Sign EA $6,500.00 1.00 $6,500.00 1.00 $6,500.00 $0.00 4 Temporary Erosion and Sediment Control LS $65,000.00 1.00 $65,000.00 1.00 $65,000.00 $0.00 5 Temporary Construction Fencing LF $20.80 770.00 $16,016.00 770.00 $16,016.00 $0.00 6 Temporary Tree Protection LS $10,400.00 1.00 $10,400.00 1.00 $10,400.00 $0.00 7 Tree Removal LS $6,500.00 1.00 $6,500.00 1.00 $6,500.00 $0.00 8 Sawcut & Removal of Concrete SF $5.72 2,623.24 $15,004.93 1,504.00 $8,602.88 $6,402.05 9 Sawcut & Removal of AC SF $1.43 4,287.00 $6,130.41 4,287.00 $6,130.41 $0.00 10 Site Clearing & Grubbing SF $0.92 39,527.00 $36,364.84 39,527.00 $36,364.84 $0.00 11 Site Grading (Rough/ Fine) SF $2.29 58,866.00 $134,803.14 57,765.00 $132,281.85 $2,521.29 12 4 Unit Pedestal Shower EA $6,500.00 2.00 $13,000.00 2.00 $13,000.00 $0.00 13 Tri-Level Pedestal Drinking Fountain w/ Bottle Filler EA $9,842.00 2.00 $19,684.00 2.00 $19,684.00 $0.00 14 6’ Tall CMU Block Wall with 4’ Tall Steel Fence Above LF $398.04 162.00 $64,482.48 162.00 $64,482.48 $0.00 15 Updated Gate Hardware (2 Sets EA w/ Self Closing Hinges & Panic Hardware LS $3,900.00 1.00 $3,900.00 1.00 $3,900.00 $0.00 16 8’ CLR x 10’ Tall Wrought Iron Double Swing Gates EA $26,000.00 1.00 $26,000.00 1.00 $26,000.00 $0.00 17 6’ CLR x 10’ Tall Wrought Iron Double Swing Gates EA $26,000.00 1.00 $26,000.00 1.00 $26,000.00 $0.00 18 5’ CLR x 6’ Tall Wrought Iron Swing Gate EA $13,000.00 1.00 $13,000.00 1.00 $13,000.00 $0.00 19 10’ Tall Wrought Iron Fencing LF $162.50 174.00 $28,275.00 174.00 $28,275.00 $0.00 20 City Std Concrete Backed Benches EA $1,072.67 3.00 $3,218.01 3.00 $3,218.01 $0.00 21 Concrete Backless Benches EA $3,155.11 9.00 $28,395.99 9.00 $28,395.99 $0.00 22 Concrete Picnic Tables EA $1,157.00 6.00 $6,942.00 6.00 $6,942.00 $0.00 23 Concrete Accessible Picnic Tables EA $1,235.00 2.00 $2,470.00 2.00 $2,470.00 $0.00 24 Concrete Trash Receptacles EA $747.50 4.00 $2,990.00 4.00 $2,990.00 $0.00 25 Concrete Recycle Receptacles EA $877.50 4.00 $3,510.00 4.00 $3,510.00 $0.00 26 Custom Concrete Pool Entry Sign EA $7,748.00 1.00 $7,748.00 1.00 $7,748.00 $0.00 27 Shade Structure (16’x16’) EA $97,051.50 2.00 $194,103.00 2.00 $194,103.00 $0.00 28 Shade Structure (12’x42’) EA $97,054.00 1.00 $97,054.00 1.00 $97,054.00 $0.00 29 Shade Structure (20’x30’) EA $97,052.00 1.00 $97,052.00 1.00 $97,052.00 $0.00 30 Bike Racks EA $780.00 10.00 $7,800.00 10.00 $7,800.00 $0.00 Columbia Pool Improvements
Item Unit of Contractor's Final Actual Final Actual Bid Bid Total No. Item Description Measure Unit Price Quantities Amount Quantities Amount Difference 31 24” High Metal Debris Panels on N&E Fencing and Gates LF $71.50 363.00 $25,954.50 363.00 $25,954.50 $0.00 32 Paint Existing Perimeter Pool Fence LS $23,400.00 1.00 $23,400.00 1.00 $23,400.00 $0.00 33 20’ Tall Flag Pole w/ 3x5 Flag EA $6,500.00 1.00 $6,500.00 1.00 $6,500.00 $0.00 34 City Std Trash Enclosure w/ 4’ Tall Wrought Iron Fence LS $43,405.00 1.00 $43,405.00 1.00 $43,405.00 $0.00 35 Pool Mechanical Building Shell Only (Pad Prep & Install) LS $169,210.00 1.00 $169,210.00 1.00 $169,210.00 $0.00 36 4” Concrete Flatwork SF $15.28 5,816.80 $88,880.70 5,035.00 $76,934.80 $11,945.90 37 4” Concrete Flatwork w/ Non-Slip Coating SF $15.50 10,038.00 $155,589.00 10,038.00 $155,589.00 $0.00 38 6” Concrete Flatwork SF $15.07 643.00 $9,690.01 643.00 $9,690.01 $0.00 39 12” Wide Concrete Band LF $60.92 204.00 $12,427.68 208.00 $12,671.36 ($243.68) 40 6” Pad Base Prep for Public Restroom Company Buildings SF $18.24 740.00 $13,497.60 740.00 $13,497.60 $0.00 41 3” HMA/ 4” A.B. SF $19.15 3,696.00 $70,778.40 3,696.00 $70,778.40 $0.00 42 4” HMA/ 6” A.B. SF $64.83 0.00 $0.00 345.00 $22,366.35 ($22,366.35) 43 2" Gas Main for Pool Heater LS $52,000.00 1.00 $52,000.00 1.00 $52,000.00 $0.00 44 Connect 8" Water Line to Existing 6" Water Main EA $32,198.00 1.00 $32,198.00 1.00 $32,198.00 $0.00 45 2” Water Line LF $58.16 735.00 $42,747.60 735.00 $42,747.60 $0.00 46 2” Water Meter EA $3,123.50 2.00 $6,247.00 2.00 $6,247.00 $0.00 47 2” Water Valve EA $1,133.00 5.00 $5,665.00 5.00 $5,665.00 $0.00 48 3” Water Line LF $104.22 226.00 $23,553.72 226.00 $23,553.72 $0.00 49 4” Water Meter EA $10,150.00 1.00 $10,150.00 1.00 $10,150.00 $0.00 50 6” Water Line LF $196.31 45.00 $8,833.95 45.00 $8,833.95 $0.00 51 8” Water Line LF $188.50 122.00 $22,997.00 105.00 $19,792.50 $3,204.50 52 8” Water Valve EA $2,876.00 1.00 $2,876.00 1.00 $2,876.00 $0.00 53 2” Backflow Prevention Assembly w/ Enclosure EA $4,535.50 2.00 $9,071.00 2.00 $9,071.00 $0.00 54 4” Backflow Prevention Assembly w/ Enclosure EA $13,761.00 1.00 $13,761.00 1.00 $13,761.00 $0.00 55 Fire Hydrant Assembly EA $14,380.00 1.00 $14,380.00 1.00 $14,380.00 $0.00 56 Connect 6” to Existing 6” Sanitary Sewer EA $3,617.67 3.00 $10,853.01 3.00 $10,853.01 $0.00 57 6” Sanitary Sewer Line LF $97.23 619.00 $60,185.37 619.00 $60,185.37 $0.00 58 Sanitary Sewer Manhole EA $12,733.33 1.00 $12,733.33 3.00 $38,199.99 ($25,466.66) 59 Sanitary Sewer Clean-out EA $36.73 11.00 $404.03 11.00 $404.03 $0.00 60 Sanitary Sewer Inlet EA $134.75 4.00 $539.00 4.00 $539.00 $0.00
Item Unit of Contractor's Final Actual Final Actual Bid Bid Total No. Item Description Measure Unit Price Quantities Amount Quantities Amount Difference 61 6” Storm Drain Line LF $95.26 96.00 $9,144.96 96.00 $9,144.96 $0.00 62 Nyoplast Drain Basin EA $5,075.00 3.00 $15,225.00 3.00 $15,225.00 $0.00 63 48” French Drain Section LF $690.05 155.00 $106,957.75 155.00 $106,957.75 $0.00 64 Storm Drain Inlet EA $10,601.00 1.00 $10,601.00 1.00 $10,601.00 $0.00 65 Swimming Pool & Mechanical Equipment LS $1,610,002.00 1.00 $1,610,002.00 1.00 $1,610,002.00 $0.00 66 Swimming Pool Deck & Drainage LS $440,405.00 1.00 $440,405.00 1.00 $440,405.00 $0.00 67 Swimming Pool Deck Equipment LS $105,816.00 1.00 $105,816.00 1.00 $105,816.00 $0.00 68 Swimming Pool Thermal Covers & Reels LS $63,700.00 1.00 $63,700.00 1.00 $63,700.00 $0.00 69 Swimming Pool Safety Covers & In-Deck Anchors LS $41,470.00 0.00 $0.00 1.00 $41,470.00 ($41,470.00) 70 Swimming Pool Surge Chamber & Access Hatch LS $73,135.00 1.00 $73,135.00 1.00 $73,135.00 $0.00 71 Swimming Pool Heater LS $136,884.00 1.00 $136,884.00 1.00 $136,884.00 $0.00 72 Site Electrical System LS $413,223.00 1.00 $413,223.00 1.00 $413,223.00 $0.00 73 Site Security System LS $303,499.00 1.00 $303,499.00 1.00 $303,499.00 $0.00 74 Soil Conditioning & Amendments SF $1.04 15,454.00 $16,072.16 15,454.00 $16,072.16 $0.00 75 Decomposed Granite Mulch (3" Minimum Depth) SF $1.56 0.00 $0.00 3,917.00 $6,110.52 ($6,110.52) 76 Sod Turf Renovation LS $23,400.00 1.00 $23,400.00 1.00 $23,400.00 $0.00 77 5 Gallon Shrubs EA $42.90 82.00 $3,517.80 82.00 $3,517.80 $0.00 78 24” Box Trees EA $754.00 13.00 $9,802.00 13.00 $9,802.00 $0.00 79 Tree Root Barriers LF $11.70 112.00 $1,310.40 112.00 $1,310.40 $0.00 80 Irrigation System – Tree Root Watering EA $325.00 26.00 $8,450.00 26.00 $8,450.00 $0.00 81 Irrigation System – Low Flow Bubblers SF $2.60 3,917.00 $10,184.20 3,917.00 $10,184.20 $0.00 82 Irrigation System – Turf Rotary Spray SF $2.47 11,537.00 $28,496.39 11,537.00 $28,496.39 $0.00 83 Irrigation Controller & Weather Sensor LS $4,550.00 0.00 $0.00 1.00 $4,550.00 ($4,550.00) 84 Irrigation Flow Sensor & Master Valve LS $1,742.00 0.00 $0.00 1.00 $1,742.00 ($1,742.00) 85 Landscape Maintenance Establishment Period (60 Day) LS $3,900.00 1.00 $3,900.00 1.00 $3,900.00 $0.00 86 6" Vertical Curb LF $130.43 83.00 $10,825.69 47.00 $6,130.21 $4,695.48 87 Alley Approach EA $12,092.00 1.00 $12,092.00 1.00 $12,092.00 $0.00 SUB-TOTAL CONTRACT ITEMS = $5,697,515.06 $5,770,695.04 ($73,179.98)
Item Unit of Contractor's Final Actual Final Actual Bid Bid Total No. Item Description Measure Unit Price Quantities Amount Quantities Amount Difference C.O. # CHANGE ORDERS
88 - CO #1.1 Drinking Fountain Manufacturer Change LS 1 ($6,078.47) ($6,078.47) 89 - CO #1.2 Shade Sturcture Increase LS 1 $6,280.09 $6,280.09 90 - CO #2.1 Pool Wall Soil Stabilization LS 1 $26,640.82 $26,640.82 91 - CO #3.1 Change 8"x8" Posts to 3"x3" LS 1 ($15,900.00) ($15,900.00) 92 - CO #3.2 ASI No. 4 - Additional Two Eggress Gates LS 1 $33,936.00 $33,936.00 93 - CO #3.3 Remove and Replace Fencing for Crane LS 1 $4,135.95 $4,135.95 94 - CO #4.1 Swimming Pool Circulation Pump Change LS 1 $9,913.55 $9,913.55 95 - CO #5.1 CMU Wall Footing Change LS 1 $2,237.66 $2,237.66 96 - CO #6.1 Romtec Masonry Plan Change LS 1 $13,404.72 $13,404.72 97 - CO #7.1 Water Main Tie In LS 1 $3,083.47 $3,083.47 98 - CO #8.1 Footing Changes at Existing Fence Foundation LS 1 $1,590.75 $1,590.75 99 - CO #9.1 Trench Plates for Shallow Sewer LS 1 $2,205.27 $2,205.27 100 - CO #10.1 Additional Concrete Removal and Install LS 1 $4,752.21 $4,752.21 101 - CO #11.1 Concrete Slurry Backfill LS 1 $8,698.50 $8,698.50 102 - CO #12.1 Pool Return Line Adjustment LS 1 $1,338.35 $1,338.35 103 - CO #13.1 Gas Line Change LS 1 ($15,948.30) ($15,948.30) 104 - CO #14.1 Add Mow Strip to Southern CMU Wall LS 1 $9,844.91 $9,844.91 105 - CO #15.1 Transport Masonry Block LS 1 $509.04 $509.04 106 - CO #16.1 Sewer Line Changes LS 1 $7,140.55 $7,140.55 107 - CO #17.1 Additional Electrical Work at Concessions Building LS 1 $4,368.75 $4,368.75 108 - CO #18.1 Painting Romtec Building LS 1 $18,106.98 $18,106.98 109 - CO #19.1 ASI No. 4 Utility Changes LS 1 ($5,606.14) ($5,606.14) 110 - CO #19..2 ASI No. 4 Additional Demo LS 1 $5,163.57 $5,163.57 111 - CO #19.3 Romtec Floor Drains LS 1 $28,278.23 $28,278.23 112 - CO #20.1 Mechanical Building Ceiling LS 1 $5,016.17 $5,016.17 113 - CO #20.2 Remove and Replace Gate with Fence Panel LS 1 $2,407.34 $2,407.34 114 - CO #20.3 Transport Romtec Materials LS 1 $830.22 $830.22
Item Unit of Contractor's Final Actual Final Actual Bid Bid Total No. Item Description Measure Unit Price Quantities Amount Quantities Amount Difference 115 - CO #21.1 Landscape and Irrigation Adjustments LS 1 $58,056.06 $58,056.06 116 - CO #21.2 Add GFCI Protection for Circulation Pump LS 1 $6,361.94 $6,361.94 117 - CO #21.3 Additional Fencing and Gates LS 1 $17,710.35 $17,710.35 118 - CO #21.4 Shade Structure Lighting Change LS 1 $2,742.20 $2,742.20 120- CO #22.1 PRC Utility Connections LS 1 $10,388.15 $10,388.15 121- CO #22.2 Two Inch Gas Line Installation LS 1 $8,605.96 $8,605.96 122- CO #22.3 Install Sump Pump in Pump Pit LS 1 $4,208.92 $4,208.92 123- CO #22.4 Install Vent Cover in Mechanical Building LS 1 $132.56 $132.56 124- CO #22.5 Fence Panel and Trash Cans Transport LS 1 $1,829.41 $1,829.41 125- CO #22.6 Electrical Panel Changes LS 1 $3,806.73 $3,806.73 126- CO #22.7 Alley Grindings LS 1 $17,455.78 $17,455.78 127 - CO #23.1 Flagpole Lighting LS 1 $9,134.03 $9,134.03 128 - CO #23.2 Paint Trash Enclosure LS 1 $4,674.68 $4,674.68 129 - CO #23.3 Regrading Concessions Subgrade LS 1 $3,245.43 $3,245.43 130 - CO #23.4 Additional Curb Removal LS 1 $1,162.31 $1,162.31 131 - CO #23.5 Painting of Romtec Interior (Credit) LS 1 ($10,153.23) ($10,153.23) 132 - CO #23.6 Core Drill and Downspout Drain LS 1 $1,176.95 $1,176.95 133 - CO #23.7 Reinforce Mullions at Gates LS 1 $3,393.60 $3,393.60 134 - CO #23.8 Landscape Adjustment near Utilities LS 1 $233.31 $233.31 135 - CO# 24.1 Power for Irrigation Controller LS 1 $1,725.20 $1,725.20 136 - CO #24.2 Additional Sod LS 1 $10,541.37 $10,541.37 137 - CO #24.3 Additional Lights in Mechanical Room LS 1 $1,175.07 $1,175.07 138 - CO#24.4 Relocate Sump Pump LS 1 $5,962.64 $5,962.64 139 - CO#24.5 Uplight for Entrance Sign LS 1 $3,076.22 $3,076.22 140 - CO#24.6 Credit for 6' Swing Gate LS 1 ($1,272.60) ($1,272.60) 141 - CO#25.1 Added Concrete Curbing in Alley LS 1 $1,327.78 $1,327.78 142 - CO#25.2 Gas Line Regulator Removal LS 1 $1,855.88 $1,855.88 SUB-TOTAL CHANGE ORDER ITEMS = LS 1 $324,906.89 $324,906.89 TOTAL PROJECT = $6,022,421.95 $5,770,695.04 $251,726.91
Attachment A
RECORDED AT THE REQUEST OF:
CITY OF TURLOCK
WHEN RECORDED MAIL TO:
CITY OF TURLOCK
OFFICE OF THE CITY CLERK
156 S. BROADWAY, SUITE 230
TURLOCK, CA 95380-5454
NOTICE OF COMPLETION
CITY PROJECT NO. 19-51
Columbia Pool Improvements
Notice is hereby given that work on the above-referenced project located along Columbia Ave. in Turlock, California, was completed by the undersigned agency on January 13, 2026. The contractor of work is Bobo Construction of Elk Grove, California, and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California. Kindly refer to said Project Number on all communications relating to this work.
Date:
(Signature- William D. Morris, P.E., City Engineer, Owner’s Agent), City of Turlock
VERIFICATION
I, the undersigned, City Engineer of the owner of the aforesaid interest, have read this notice; I know and understand the contents thereof; and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
CITY OF TURLOCK
___________________________
WILLIAM D. MORRIS, P.E.
CITY ENGINEER
OWNER’S AGENT
Executed on January 14, 2026 at Turlock, California, Stanislaus County
City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Oscar Molina, Assistant Engineer
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Awarding bid and approving an Agreement with Dynamic Pavement, Inc. of Modesto, California in the amount of $25,472.00 and authorizing a construction contingency amount of $4,000.00 (15.7%) for the construction of City Project No. 25-017 "Speed Lumps at Berkeley Roundabouts" to be funded by Fund 218 "Measure L".
Resolution: Determining the award of bid for construction of City Project No. 25-017 "Speed Lumps at Berkeley Roundabouts" is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA Guidelines
2. NARRATIVE:
The purpose of City Project No. 25-017, “Speed Lumps at Berkeley Roundabouts,” is to install speed lumps at two roundabout locations along N. Berkeley Avenue to reduce traffic speeds while maintaining emergency vehicle access. Residents have reported frequent speeding in the area, and accidents have occurred at the roundabouts.
This project aims to slow drivers before they enter the roundabout to improve safety. The scope of work includes asphalt concrete paving, installation of thermoplastic pavement markings, and placement of new sign posts with accompanying signage.
The main elements of the scope of work for this project consist of:
• Installation of speed lumps at two locations on North Berkeley Avenue • Installation of accompanying signs and posts
• Installation of striping markings on speed lumps
City staff solicited bids from five (5) contractors on October 17th, 2025 through direct emails in accordance with the City's informal bid procedure for public works projects under $75,000 (See Turlock Municipal Code Section 2-9-03). On November 7th, 2025, three (3) bids were received for City Project No. 25-017 "Speed Lumps at Berkeley Roundabouts". Dynamic Pavement, Inc. of Modesto, California, was the lowest responsible bidder with a base bid amount of $25,472.00.
Bidder's Summary:
BIDDER BID AMOUNT
DYNAMIC PAVEMENT $25,472.00
HENSLEY PAVING $55,407.00
Agenda Staff Report
1/13/2026
UNITED PAVEMENT MAINTENANCE $62,118.00
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an Agreement with Dynamic Pavement Inc., of Modesto, California as the lowest responsive, responsible bidder with a bid amount of $25,472.00.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The total estimated project costs are displayed below:
Construction Contractor Bid Cost $25,472.00
Construction Contingency $4,000.00
Preliminary Engineering $4,000.00
Construction Engineering $10,000.00
Materials Testing Services $5,000.00
Estimated Total Project Costs $48,472.00
All project costs are anticipated to be expensed in Fiscal Year 2025-26. The designated project account number for this project is Fund 218 "Measure L" account number 218-40- 462.51270.
4. ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves negligible or no expansion of use in the existing facilities.
5. ATTACHMENTS:
1. Draft Resolution
2. Bidder's Summary
3. Agreement with Dynamic Pavement, Inc. for construction of City Project 25-017 "Speed Lumps at Berkeley Roundabouts"
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, City Project No. 25-017 “Speed Lumps at Berkeley Roundabouts” consists of installation of speed lumps at two locations on North Berkeley Avenue, accompanying signs and posts, striping marks on speed lumps, and; WHEREAS, on November 7th, 2025, three (3) bids were received for City Project No. 25-017 “Speed Lumps at Berkeley Roundabouts” with Dynamic Pavement, Inc. of Modesto, California, submitting the lowest responsive bid in the amount of $25,472.00; and
WHEREAS, this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves negligible or no expansion of use of the existing facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for construction of City Project No. 25-017 “Speed Lumps at Berkeley Roundabouts" is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
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IN THE MATTER OF DETERMINING THE
AWARD OF BID FOR CONSTRUCTION OF
CITY PROJECT NO. 25-017 “SPEED
LUMPS AT BERKELEY ROUNDABOUTS”
IS EXEMPT FROM THE PROVISIONS OF
CEQA IN ACCORDANCE WITH SECTION
15301 OF THE CEQA GUIDELINES
CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: Speed Lumps at Berkeley Roundabouts
PROJECT NUMBER: 25-017
BID OPENING:
5:00 PM
ANTICIPATED COUNCIL AWARD DATE: January 13, 2026
1 2 3
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 $ 7,500.00 $ 7,500.00 $ 1,815.00 $ 1,815.00 $ 3,875.00 $ 3,875.00 $ 8,450.00 $ 8,450.00 2 Traffic Control LS 1 $ 7,500.00 $ 7,500.00 $ 5,325.00 $ 5,325.00 $ 5,075.00 $ 5,075.00 $ 4,825.00 $ 4,825.00 3 Speed Lumps Location EA 2 $ 5,000.00 $ 10,000.00 $ 6,655.00 $ 13,310.00 $ 9,005.00 $ 18,010.00 $ 10,500.00 $ 21,000.00 4 W17-1 Sign and Post EA 4 $ 500.00 $ 2,000.00 $ 423.00 $ 1,692.00 $ 413.00 $ 1,652.00 $ 797.50 $ 3,190.00 5 Hot Mix Asphalt - Grind and Overlay TON 10 $ 1,000.00 $ 10,000.00 $ 91.00 $ 910.00 $ 2,315.00 $ 23,150.00 $ 1,970.20 $ 19,702.00 6 Striping and Markings LS 1 $ 2,500.00 $ 2,500.00 $ 1,210.00 $ 1,210.00 $ 1,770.00 $ 1,770.00 $ 4,950.00 $ 4,950.00 7 All Other Work Not Included in Bid Items LS 1 $ 1,000.00 $ 1,000.00 $1,210.00 $ 1,210.00 $1,875.00 $ 1,875.00 $1.00 $ 1.00 Base Bid Total =
November 7, 2025
ENGINEER'S EST. Dynamic Pavement Hensley Paving
$ 40,500.00 $ 25,472.00 $ 55,407.00
UPM
$ 62,118.00
CITY CONTRACT NO. 2026-071 1
CITY PROJECT NO. 25-017
Rev. 10/2025
AGREEMENT
FOR PUBLIC IMPROVEMENT
City Project No. 25-017
Speed Lumps at Berkeley Roundabouts
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Dynamic Pavement, Inc., a California (“Contractor”), on this 13th day of January 2026 (the “Effective Date”).
City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Speed Lumps at Berkeley Roundabouts (the “Project”).
B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.
C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).
D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.
E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on January 13, 2026, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.
CITY CONTRACT NO. 2026-071 2
CITY PROJECT NO. 25-017
Rev. 10/2025
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock for Speed Lumps at Berkeley Roundabouts;
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required in any of the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.
All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.
2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).
The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.
3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written
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CITY PROJECT NO. 25-017
Rev. 10/2025
authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Speed Lumps at Berkeley Roundabouts” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent. (d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.
Exhibit Designation Exhibit Title
1. Exhibit A Contractor’s Proposal for Services
2. Exhibit B Payment by Force Account
3. Exhibit C Workers’ Compensation Insurance Certification
4. Exhibit D Performance Bond
5. Exhibit E Payment Bond
4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed Twenty-Five Thousand Four Hundred Seventy-Two Dollars ($25,472.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.
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CITY PROJECT NO. 25-017
Rev. 10/2025
5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of Fifteen (15) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of Twenty (20) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.
The Substantial and Final Completion Due Dates may only be changed by a contract change order.
The value of any work covered by a contract change order for an adjustment in the Substantial and Final Completion Due Dates will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:
1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or
2. where the delay is caused by actions beyond the control of Contractor; or
3. where the delay is caused by actions or failure to act by the City Engineer.
Contractor shall not be entitled to an adjustment in the Substantial and Final Completion Due Dates for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event
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CITY PROJECT NO. 25-017
Rev. 10/2025
which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.
Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. (c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.
To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.
Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.
CITY CONTRACT NO. 2026-071 6
CITY PROJECT NO. 25-017
Rev. 10/2025
If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.
In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Three Hundred Sixty and no/100ths Dollars ($360.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Hundred Fifty and no/100ths Dollars ($150.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Substantial and Final Completion Due Dates shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.
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CITY PROJECT NO. 25-017
Rev. 10/2025
6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If City terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.
7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect
CITY CONTRACT NO. 2026-071 8
CITY PROJECT NO. 25-017
Rev. 10/2025
or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.
8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the City Standards in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).
No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.
Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).
Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.
9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be
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CITY PROJECT NO. 25-017
Rev. 10/2025
required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.
Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.
10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.
Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor
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shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.
11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.
In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.
12. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.
13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection
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will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.
14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.
Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.
If any accident occurs in connection with the Contract, Contractor shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
15. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.
16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the
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Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract.
It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.
17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.
18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.
Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. The City of Turlock shall be named as a certificate holder.
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(a) Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, and One Million Dollars ($1,000,000.00) products and completed operations for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). The City shall be named as a certificate holder on the Certificate of Insurance. (2) For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or selfinsurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) by diseasepolicy limit, and One Million Dollars ($1,000,000.00) by disease-each employee. Contractor shall submit to City, along with the Certificate of Insurance a Waiver of Subrogation endorsement in favor of the City, its offices, agents, employees, and volunteers. (c) Commercial Automobile Liability Insurance. Contractor shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than One Million Dollars ($1,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
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(d) Builder’s Risk Insurance. [Intentionally Omitted]
(e) Contractors Pollution Insurance. [Intentionally Omitted] (f) Professional Liability Insurance. [Intentionally Omitted] (g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. (h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (i) Acceptability of Insurers. Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.
(j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
(l) Subcontractors. Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications,
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drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.
All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Final Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.
All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.
When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.
20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit. (b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.
21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.
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22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.
23. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.
The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.
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The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration.
All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.
24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
25. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: Dynamic Pavement, Inc.,
Attn: Scott Yerzy
816 Cobblestone Circle
Modesto Ca 95355
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________
26. City Contract Administrator: The City’s contract administrator and contact person for this Agreement is:
Oscar Molina, E.I.T.
City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
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Telephone: (209) 668-5366
E-mail: [email protected]
27. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
28. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.
29. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.
30. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.
31. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.
32. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.
33. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
34. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
35. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities,
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person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
36. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.
37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
38. Execution and Counterparts: This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
41. Attorney’s Fees and Costs: Except as expressly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.
43. Recitals: The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail. [Signatures on Following Page]