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Inspections
The Housing Rehabilitation Specialist conducts inspections for all HOME-ARP properties. During inspections, the Housing Rehabilitation Specialist will provide documentation via photos and may obtain inspection reports to document the work that has been completed.
In addition, the Housing Rehabilitation Specialist will work with Consortium member cities to review inspection reports and track permits issued for projects.
When reviewing a project for compliance with property standards, review files for the following information:
• Did the final inspection indicate that the property met the Consortium’s property standards?
• Were progress inspections conducted?
• Were Rehabilitation Standards present?
• Initial inspection to identify deficiencies that must be addressed? • Estimation of useful life of each major system?
Project Completion
Once a project is nearly finished with construction, property managers will begin to market units to prepare for lease-up. In preparation for marketing and tenant selection, City staff will work with the property owner and property manager to ensure that the project complies with occupancy targeting, rent and income requirements, and tenant protections under HOME-ARP.
Once construction is completed, there are still multiple steps a PJ must take before the project can be marked completed in IDIS. Project completion (in accordance with 24 CFR 92.2) means the following conditions have been met:
• Construction is complete and all necessary title transfer requirements have been met. • The project complies with all HOME-ARP requirements, including property standards. • The final drawdown of HOME-ARP funds has been disbursed from the line of credit.
HOME-ARP units must be occupied by eligible qualifying or low-income households within 6 months of project completion:
• If not occupied, Turlock must submit information on efforts to fill units, and, if appropriate, a marketing plan to HUD
• Must repay HOME-ARP funds invested in units not occupied within 12 months of project completion
The HOME Final rule at 24 CFR 92.502(d)(1) requires PJs to enter all completion data in IDIS and update the activity status to Completed within 120 days of the final draw for the activity. Prior to completing the activity in IDIS, the city will audit the project file to ensure all documentation
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is complete and review the eligible costs, subsidy analysis, and cost allocation. Completing the activity in IDIS triggers the start of the long-term compliance period.
Note that a project can be marked completed in IDIS even if some of the units are vacant. Once the unit is occupied, the City must reopen the activity, enter the beneficiary information and then update to mark it as completed.
Marketing, Tenant Selection, and Initial Occupancy
In preparation for marketing and tenant selection, City staff will work closely with the property owner and property management to ensure that the project complies with occupancy targeting, rent and income requirements, and tenant protections under HOME-ARP. For HOME-ARP, the Tenant Selection Policy must allow access to HOME-ARP units for any and all of the four QPs.
Marketing
HOME-ARP limits the occupancy of rental units to one of the four Qualifying Populations or qualifying low-income households. During the compliance period, the City must document that the occupants of a HOME-ARP assisted unit are meeting the definition of a QP or are a lowincome household. (Please note the minimum aggregate QP occupancy requirement for HOMEARP assisted units, and the maximum low-income non-QP occupancy limit described previously.)
The City is also required to review all Affirmative Marketing materials for the project, including the project’s affirmative marketing plan. Staff should use the affirmative marketing requirements to guide conversations and decisions with project developers to ensure that all QPs have access. At project close out, staff will identify referral methods and outreach methods for all 4 QPs and review application requirements to create a process that is accessible to all.
The HOME-ARP Lead will be responsible for documenting affirmative marketing efforts and outcomes during the project’s minimum compliance period.
Tenant Selection
In addition to affirmative marketing, project owners must also adopt and follow written tenant selection policies. Tenant selection criteria must meet the following requirements:
• Limit eligibility to households that meet one of the four QPs • Does not exclude an applicant with a Housing Choice Voucher or applicant participating in other tenant based rental assistance programs
• Gives prompt written notification to any rejected applicant • Complies with Violence Against Women Act (VAWA) requirements
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On-going Occupancy Requirements
No less than 70% of total HOME-ARP rental units must be reserved for households that meet the definition of a QP at the time of their initial occupancy and no more than 30% of the total number of rental units assisted with HOME-ARP funds may be restricted to low-income households.
Qualifying Populations: Units restricted for occupancy by QPs must be occupied by households that meet the definition of a QP at the time of admission to the HOME-ARP unit. A QP household after admission retains its eligibility to occupy a HOME-ARP rental unit restricted for Qualifying Populations, irrespective of the qualifying household’s changes in income or whether the household continues to meet the definition of a Qualifying Population. As such, a unit restricted for a QP remains in compliance as long as the unit is occupied by a QP that met the definition of a QP at the time of admission.
Low-Income Households: At initial occupancy, units restricted for low-income households must be occupied by households that meet the definition of low-income in 24 CFR 92.2. If a tenant’s income increases above the applicable low-income limit during the compliance period, the unit will be considered temporarily out of compliance. Noncompliance requires action be taken in accordance with the rent and unit mix requirements in Sections VI.B.15 and VI.B.17 of the Notice.
Documenting QP Eligibility
Each Qualifying Population has different requirements for how eligibility has been determined.
PJs should reference the HOME-ARP Qualifying Populations: Documentation Requirements Guide on the HUD Exchange, which details how applicants will be qualified as a member of a QP and what documentation is required for the tenant’s file.
Tenant Rent
Determining Household Income
The Consortium requires all HOME-ARP units to be restricted to eligible households (i.e., either qualifying or low-income households) throughout the minimum compliance period. HOME-ARP does not impose income restrictions on units restricted to qualifying populations. If there is no income requirement in the qualifying population’s definition, staff are not required to perform an initial determination of household income except to determine an affordable rental contribution by the qualifying household.
The Consortium will use the “Part 5” definition of annual income as defined in 24 CFR 5.609 (Section 8 definition) to examine the income of qualifying households and determine the household’s contribution to rent.
Qualifying Populations: To establish the qualifying household’s rental contribution, staff will examine a HOME-ARP qualifying household’s income using 24 CFR 92.203(a)(1)(i) or (iii).
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Each subsequent year during the minimum compliance period, the property owner must examine the household’s annual income in accordance with the Part 5 definition of income. A project owner who re-examines household income through a statement and certification in accordance with 24 CFR 92.203(a)(1)(ii), must examine the income of each household in the sixth year of the compliance period. Otherwise, an owner who accepts the household’s statement and certification in accordance with 24 CFR 92.203(a)(1)(ii) is not required to examine the household’s income unless there is evidence that the household’s written statement failed to completely and accurately state information about the household’s size or income.
Low-income Households: In accordance with 24 CFR 92.252(h), the income of each low-income household must be determined initially in accordance with 24 CFR 92.203(a)(1)(i), and each year following the initial determination during the minimum compliance period. An owner who reexamines household income through a statement and certification in accordance with 24 CFR
92.203(a)(1)(ii), must examine the income of each household, in accordance with 24 CFR
92.203(a)(1)(i), every sixth year of the minimum compliance period. Otherwise, an owner who accepts the household’s statement and certification in accordance with 24 CFR 92.203(a)(1)(ii) is not required to examine the household’s income unless there is evidence that the household’s written statement failed to completely and accurately state information about the household’s size or income.
Rent Limitations
HOME-ARP establishes rent limitations for units restricted for qualifying households and units restricted for low-income households. For units that are restricted for occupancy by qualifying households, the HOME-ARP rent may not exceed 30 percent of the adjusted income of a household whose annual income is equal to or less than 50 percent of the median income for the area, as determined by HUD. This is equivalent to the Low HOME Rent.
For units that are restricted for occupancy by low-income households, the HOME-ARP rents must comply with the rent limitations at 24 CFR 92.252(a).
There may be additional HOME-ARP unit limitations depending on other funding sources for the project. A HOME-ARP unit that receives Federal or state project-based rental subsidy may charge the rent allowable under the rental subsidy program. If an SRO unit has both sanitary and food preparation facilities, the maximum HOME-ARP rent is based on the zero-bedroom fair market rent. If the SRO unit only has sanitary facilities, the maximum HOME-ARP rent is based on 75 percent of the zero-bedroom fair market rent.
In instances where there are changes in income or over income households, Turlock must address over-income households occupying HOME-ARP units. • A qualifying household whose annual income at the time of recertification is above 50 percent of median income for the area but below 80 percent of median income for the area must pay the rent specified in 24 CFR 92.252(a).
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• A low-income household whose income is above 80 percent of the median income for the area must pay rent that complies with 24 CFR 92.252(i)(2).
Rent Schedule and Utility Allowance
The Consortium has adopted the utility allowance schedule of the Stanislaus Regional Housing Authority for HOME-ARP. This scheduled provides the allowance for utilities and services used to calculate the maximum tenant rent. Staff will review and approve the HOME-ARP rents proposed by the owner, subject to the HOME-ARP rent limitations. For HOME-ARP units where the tenant is paying utilities and services (e.g., trash collection), the Consortium must determine that the rent for the unit does not exceed the maximum rent minus the monthly allowance for utilities and services. The written agreement with the owner specifies the initial rent structure and the procedures for approval of subsequent rent increases.
Tenant Contribution to Rent When Tenant has a Voucher
The Consortium must determine that the qualifying household’s contribution to rent is affordable to the qualifying household based on a determination of the household’s income. If the household is receiving project-based or tenant-based rental assistance, the household cannot be required to contribute more towards rent than the amount permitted by the requirements of the applicable rental assistance program. For additional information on this requirement, review Section VI.B.13.a of the HOME-ARP Notice. If a qualifying household is not receiving project-based or tenant-based rental assistance and cannot contribute any income toward rent, or the contribution is insufficient to cover the unit rent, the project owner may draw from the project’s operating cost assistance reserve if projected rental revenue minus the operating costs of the unit results in a deficit.
Procedures for Rent Increases
Rent increases might occur when HUD-published High HOME rent limits and Low HOME rent limits increase, the tenant pays utilities and the PJ’s utility allowances decrease, or the tenant becomes over-income. On an annual basis, Turlock will receive new HOME rent limits from HUD. Turlock will notify HOME-ARP unit property owners of this change in rent.
Lease Provisions
There must be a lease between the qualifying household or the low-income household and the owner of the HOME-ARP-assisted project in accordance with 24 CFR 92.253(a). A sublease is permitted if a HOME-ARP sponsor has executed a master lease or lease with the project owner for the leasing of the units restricted for occupancy by qualifying households.
Prohibited Lease Language
The lease between the low-income household and the HOME-ARP project owner may not contain any of the prohibited lease terms specified in 24 CFR 92.253(b). These are:
• Agreement to be sued: Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease;
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• Treatment of property: Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with state law;
• Excusing owner from responsibility: Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent;
• Waiver of notice: Agreement by the tenant that the owner may institute a lawsuit without notice to the tenant;
• Waiver of legal proceedings: Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties;
• Waiver of a jury trial: Agreement by the tenant to waive any right to a trial by jury; • Waiver of right to appeal court decision: Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease;
• Tenant chargeable with cost of legal actions regardless of outcome: Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses; and
• Mandatory supportive services: Agreement by the tenant (other than a tenant in transitional housing) to accept offered supportive services.
Compliance Period
HOME-ARP projects are required to maintain their affordability for a specific period based on the project type. This ensures that the benefits of the HOME-ARP program extend beyond the initial construction or rehabilitation. CPD Notice 21-10 sets a minimum compliance period of 15 years for all rental housing projects regardless of the amount of HOME-ARP funds invested in the project or the activity undertaken. During the compliance period, HOME-ARP units must continue to follow the initial targeting and occupancy restrictions for qualifying populations and low-income households. These are the minimum required periods of affordability and the Consortium, at its discretion, may impose longer affordability periods. If a longer compliance period is identified, the Consortium should plan for the project’s financial feasibility for the longer period without HOME-ARP funds.
The compliance period will be formalized in the HOME-ARP written agreement and a Land Covenant or deed restriction for the property recorded. The compliance period cannot be modified, regardless of HOME-ARP funding payoff (if a loan), or sale of the property.
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Monitoring
Once construction is complete and project goes through initial occupancy, City staff are required to document that a project continues to meet the HOME-ARP requirements through the end of the compliance period. On an annual basis, staff will review all HOME-ARP projects to ensure that they remain compliant with tenant, rent, property standards, and lease requirements. Staff will reference CPD Monitoring Handbook Exhibit 7:30: Guide for Review of Rental Project Compliance and/or Policies & Procedures to assist with monitoring.
Records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five-year period, until five years after the compliance period terminates.
In addition to tenant files, the City will assess the project’s financial condition to determine the continued financial viability of the project.
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Supportive Services
Eligible Activities
HOME-ARP Supportive Services provide services to QPs that are necessary to prevent homelessness or to assist in obtaining and maintaining stable housing. There are three categories of eligible supportive services that can be provided to the QPs under the HOME-ARP program. Regardless of category, the purpose of each type of supportive services is to assist the qualifying populations in achieving a housing goal.
• McKinney-Vento Supportive Services: Adapted from the services listed in section 401(29) of the McKinney-Vento Homeless Assistance Act
• Homelessness Prevention Services: Adapted from homelessness prevention services under ESG and described in Section VI.D.3(b) of CPD Notice 21-10 • Housing Counseling Services: Services consistent with the definition defined at 24 CFR
5.100 and 5.111, excluding homeowner assistance, and described in Section VI.D.3(c) of CPD Notice 21-10
Turlock will not prioritize one category of services over another, allowing potential subrecipients to apply for Supportive Services funds to provide any of the listed eligible activities.
The City anticipates awarding supportive services to approximately 5 subrecipients. The minimum award amount is $50,000 with a maximum award of $100,000. The period of performance is anticipated to be 12 months (July 1-June 30) with the option to extend based on performance and availability of funds.
Eligible Costs
Eligible costs for HOME-ARP Supportive Services are described in detail in CPD Notice 21-10 Section VI.D.4. and listed below. Subrecipients may apply for any of the following eligible costs; however, the bolded costs reflect services that were identified as priorities during the Allocation Plan process.
McKinney Vento Supportive Services and Homelessness Prevention Services:
• Childcare
• Education services
• Employment assistance and job training
• Food
• Housing search and counseling services
• Legal services
• Life skills training
• Mental health services
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• Outpatient health services
• Outreach services
• Substance abuse treatment services
• Transportation
• Case management
• Mediation
• Credit repair
• Landlord/tenant liaison
• Services for special populations
• Financial assistance costs
• Short-term and medium-term financial assistance for rent Housing Counseling Services:
• Staff salaries and overhead costs of HUD-certified housing counseling agencies providing eligible counseling services to HOME-ARP participants • Development of a housing counseling workplan
• Marketing and outreach
• Intake
• Financial and housing affordability analysis
• Action plans to meet a client’s housing goal
• Follow-up communication with program participants
Program Participation
HOME-ARP Supportive Services are intended to assist individuals and households in the qualifying populations in both obtaining and maintaining housing by providing services that address issues that limit someone’s ability to achieve housing stability.
If a person is homeless, they are eligible to receive McKinney-Vento supportive services.
A person is eligible for homelessness prevention services if they are currently housed and the supportive services aim to help them achieve or regain stability in their existing permanent housing or transition to other stable permanent housing.
Housing Counseling services are available to all qualifying populations - regardless of whether they are homeless or currently housed.
Documenting QP Eligibility
Each Qualifying Population has different requirements for how eligibility has been determined.
PJs should reference the HOME-ARP Qualifying Populations: Documentation Requirements
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Guide on the HUD Exchange, which details how applicants will be qualified as a member of a QP and what documentation is required for the tenant’s file.
Parameters of Financial Assistance
A person may receive up to 12 months of supportive services through HOME-ARP. The maximum dollar amount that a program participant may receive will be determined by the selected subrecipients.
Subrecipient Management
Prior to committing funds to a subrecipient, City staff will work with the subrecipient to develop and/or approve specific policies related to participant selection, duplication of benefits and termination of assistance parameters.
Participant Selection
Turlock will allow the subrecipients to submit a proposed plan for participant selection and will evaluate to ensure that they will comply with all necessary regulations.
Duplication of Benefits Determination
Individuals who are receiving similar supportive services through another program are not eligible for HOME-ARP supportive services. The chosen subrecipient will be required to enforce Turlock’s Duplication of Benefits Policy to determine participant eligibility.
Process for Termination of Assistance to Program Participant Program participants may have their participation terminated if program requirements are violated or it is determined that the individual is no longer eligible or in need of receiving services. The process for termination of assistance is documented in Turlock’s Termination and Grievance Policy.
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Nonprofit Operating Support and Capacity Building
Eligible Activities
Nonprofit Capacity Operating Support and Capacity Building funds are intended to support nonprofit organizations in their ability to effectively serve the HOME-ARP qualifying populations through an eligible HOME-ARP activity. The HOME-ARP notice caps the amount of operating support and capacity building assistance available to non-profits at 5% (each activity) of the total HOME-ARP allocation.
Operating support and capacity building funds are awarded to a nonprofit so long as the organization is reasonably expected to carry out a HOME-ARP activity within 24 months of receiving the funds.
Eligible Costs
Eligible costs for Nonprofit Operating Support and Capacity Building funds are described in detail in CPD Notice 21-10 Section VI.F.1. and listed below.
Operating Support
Operating support funds are required to be used for general operating costs and cannot be tied to implementing a specific project or activity or have a particular final cost objective. Eligible costs include:
• Reasonable and necessary costs of operating the nonprofit organization • Employee salaries, wages, and benefits
• Employee education, training, and travel
• Rent and utilities
• Communication costs
• Taxes
• Insurance
• Equipment, materials, and supplies
Capacity Building
Capacity building funds are to be used to expand or improve the nonprofit’s ability to successfully implement an eligible HOME-ARP activity. Eligible costs include:
• Salaries, wages, and benefits for a new hire
• Costs related to employee training or staff development • Equipment, or upgrades to equipment, materials, and/or supplies that may improve organizational processes
• Technical assistance contracts for consultants with expertise on the HOME-ARP QPs.
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Parameters of Assistance
Turlock will not establish thresholds for funding capacity building and operating support in advance. Funding will be made available in accordance with the level of need determined by scoring funding applications.
Capacity building and operating support funds will be accessible to subrecipients and non-profit developers prior to entering into a written agreement for supportive services or rental development activities.
Operating Support and Capacity Building funds may be eligible for renewal depending on funding availability and performance.
Limitations on Assistance
Annual operating expense assistance for an organization is capped by the HOME-ARP Notice.
The following limitations apply to nonprofits receiving HOME-ARP operating support and capacity building funds:
• Per fiscal year, operating support funds cannot exceed 50% of the organization’s general operating expenses or $50,000, whichever is greater.
• Per fiscal year, capacity building funds cannot exceed 50% of the organization’s general operating expenses or $50,000, whichever is greater
• If an organization receives both operating support and capacity building funds, they cannot receive more than 50% of the organization’s general operating expenses or $75,000, whichever is greater.
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Environmental Review
HUD’s environmental review requirements implement the National Environmental Policy Act (NEPA) and related laws and authorities for HUD-assisted activities and ensure compliance with the Act and the related laws and authorities.
In general terms, an environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. HUD requires a very specific review and approval process to ensure that HUDassisted activities do not negatively impact the surrounding environment and that the nature of the activity itself will not have an unmitigated adverse environmental or health impact.
As a recipient of HOME Investment Partnerships Program funds, the City of Turlock is a Responsible Entity as defined in 24 CFR Part 58 “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities” (Part 58) and as such assumes those responsibilities and must follow those procedures in the CFR as well as published HUD guidance. (24 CFR 58.2(a)(7))
For California grantees like Turlock, it is important to note that compliance with the California Environmental Quality Act (CEQA) is not a substitute for completing a Part 58 Environmental Review nor does it satisfy the same requirements. Although some analysis may overlap, the requirements and process otherwise do not intersect. Knowledge of and competence in state CEQA is generally not transferable to federal NEPA/Part 58.
HOME program regulations require that prior to committing funds to a HOME activity or project, a participating jurisdiction must complete an environmental review and where required receive HUD’s approval to use grant funds. (24 CFR 92.352 “Environmental review” and 24 CFR
58.1” Purpose and applicability”). These same rules apply to HOME-ARP.
The Environmental Review Process
The steps to complete a Part 58 environmental review vary by the type of activity being funded and the scope of the activity. In general, the process has six phases.
1. Project scoping and definition
2. Level of review determination
3. Review, findings, compliance, and consultations as required by the level of review
4. Notice of Intent to Request the Release of Funds
5. Request for Release of Funds
6. Authority to use grant funds from HUD
For more detail, see the flow chart provided by HUD included as FIGURE 3: HUD Environmental Review Process Flowchart. This graphic is available from HUD at https://www.hudexchange.info/resource/5164/part-58-flowchart/
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Figure 3: HUD Environmental Review Process Flowchart
Credit: https://www.hudexchange.info/resource/5164/part-58-flowchart/
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Timing the Environmental Review and Limitations Pending Clearance (24 CFR 58.22)
The completion of the environmental review and resulting clearance should be completed as soon as is practicable in the planning process. HUD’s environmental review regulations prohibit recipients and all other parties to the project from taking actions that, “would have an adverse environmental impact or limit the choice of reasonable alternatives.” This limitation applies as soon as the recipient or other entity considers using funds subject to Part 58 for the activity. This generally prohibits any kind of physical activity on a project site or adjacent sites related to the activity; acquisition, demolition, or construction; entering into contract or making commitments for any prohibited activity; or any other actions that would further restrict or limit alternative uses or activities.
This restriction does not apply to non-federal funding committed prior to a project being considered for HOME funding and does not preclude underway activities from being considered for HOME funding. However, further activity should be halted and any choicelimiting actions delayed until the environmental review process is completed.
Project Description and Scope
The first step of the environmental review process is to define the project. This is key to determining the correct level of review in the next step.
The project description must include the minimum information necessary to allow the reader to understand why the particular level of review was determined. This would include details such as the nature and scope of the activity, location, site and adjacent land uses and features, and other information relevant to the environmental review.
The City should exercise high degree of diligence to understand the potential extent of the environmental impacts of the activity and the site characteristics of the activity.
The project description must also appropriately aggregate related activities that are, “logical parts of a composite of contemplated actions.” (24 CFR 58.32) Level of Review Determination
In order to complete the process correctly, the City must determine which is the correct “path” to follow through the process. The level of review determines the specific steps the City must take, as well as the scope, duration, and cost of the process. Incorrectly determining the level of review can result in non-compliance and the possibility of recapture of federal funds if the review completed was inadequate, or avoidable cost and delay if the review was in excess of the requirement.
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Part 58 provides five levels of review. From the least to the most rigorous these are:
• Exempt, listed at 24 CFR 58.34(a)
• Categorically excluded from NEPA, not subject to the related laws and authorities at 58.5 or 50.4 (CENST), listed at 24 CFR 58.35(b)
• Categorically excluded from NEPA, but subject to the related laws and authorities at 58.5 or 50.4 (CEST), listed at 24 CFR 58.35(a)
• Environmental Assessment (EA)
• Environmental Impact Statement (EIS)
The nature and scope of an individual activity will determine the appropriate level of review.
Activities that are not listed are subject to an Environmental Assessment. An Environmental Impact Statement is required in specific circumstances.
The level of review determination should cite the specific applicable exemption or exclusion that applies, if one applies.
The City must follow the steps for environmental review applicable to level of review determined to be applicable. It should be noted that all levels of review are subject to the “Other Requirements” of 24 CFR 58.6, which include compliance with Flood Hazard and Flood Insurance, Coastal Barrier Resources, and Runway/Airport Clear Zones. For rental housing development, the level of review will in most cases be an Environmental Assessment.
Level of Review: Exempt or CENST
Activities that are found to be Exempt or Categorically excluded from NEPA, not subject to the related laws and authorities at 58.5 (CENST) require no action beyond documenting the level of review determination and compliance with 58.6. HUD provides a form to appropriately document these activities, which can be found on the HUD Exchange: Part 58 Environmental Review - Exempt or Categorically Excluded (Not Subject to 58.5) Level of Review: CEST
Activities that are Categorically excluded from NEPA, but subject to the related laws and authorities at 58.5 (CEST) require the completion of the statutory checklist to determine if further compliance or consultation is required to comply with the statutes, executive orders, and regulations listed at 58.5.
If when completing the checklist, it is determined that no further compliance or consultation is required, the activity converts to Exempt and the review is complete.
If when completing the checklist, the City must conduct further compliance or consultations, the City will need to complete the required compliance or consultations and proceed to publish a Notice of Intent to Request the Release of Funds (NOI-RROF) and obtain an Authorization to Use Grant Funds from HUD. See those sections on the following pages.
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In all cases, the City must complete the 58.6 review.
HUD also provides a form to appropriately document these activities: Part 58 Environmental Review - Format for Activities Categorically Excluded under 58.35(a) (CEST) Level of Review: Environmental Assessment
If an activity is not determined to be Exempt, CENST, or CEST, then an Environmental Assessment (EA) is required. In general, activities requiring an EA will be those that involve new construction, changes in land use or density, or significant rehabilitation. EAs may also be required when extraordinary circumstances exist that elevate the level of review for an otherwise categorically excluded activity.
An EA is a significant undertaking that can take several months to complete if not longer. The preparer must thoroughly investigate the impacts of the project on the surrounding environment, community, and population and the impacts of the surrounding population on the project. It concludes with a Finding of Significant Impact or Finding of No Significant Impact (FOSI or FONSI).
If the EA results in a FONSI, the City staff will publish a combined Notice of Finding of No Significant Impact (FONSI) and Notice of Intent to Request the Release of Funds (NOI-RROF) then obtain an Authorization to Use Grant Funds from HUD. See those sections on the following pages.
In the event the EA results in a Finding of Significant Impact, the City must complete an Environmental Impact Statement (EIS). This is rare. If this is the case, the City should consult with the local HUD Field Environmental Officer regarding the finding and proceeding with an EIS.
The City may wish to order an ASTM 1527 Phase I Environmental Site Assessment (Phase 1 ESA) to assist with completing the EA.
HUD also provides an EA form to appropriately document the review.
Part 58 Environmental Assessment Form – HUD Exchange.
Notice of Intent to Request the Release of Funds (NOI-RROF) At the conclusion of a CEST review that does not convert to exempt, the City will publish a Notice of Intent to Request the Release of Funds (NOI-RROF). This notice must allow for a minimum seven (7) day comment period if the notice is published in a general circulation newspaper or on a government website. If the notice is posted and mailed to interested parties (not published), the minimum public comment period is ten (10) days.
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When the public comment period ends, City staff may submit the Request for Release of Funds form (HUD 7015.15) to HUD.
Finding Of No Significant Impact (FONSI)
At the conclusion of the EA process, if there has been a finding of no significant impact, the City will publish a Notice of Finding of No Significant Impact (FONSI). This may be combined with a Notice of Intent to Request the Release of Funds (NOI-RROF). This notice (alone or combined) must allow for a minimum fifteen (15) day comment period if the notice is published in a general circulation newspaper or on a government website. If the notice is posted and mailed to interested parties (not published), the minimum public comment period is eighteen (18) days.
When the public comment period ends, City staff may submit the Request for Release of Funds form (HUD 7015.15) to HUD.
Request for Release of Funds form (Form HUD 7015.15)
The request for the release of funds form (HUD 7015.15) is available on HUD’s website at https://www.hud.gov/sites/dfiles/OCHCO/documents/7015.15.pdf If City staff have questions about the form, what to include with the form submission, and who HUD will accept as the Certifying Officer, staff should contact the HUD Field Environmental Officer in the local HUD Field Office.
Authority to use Grant Funds (Form HUD 7015.16)
HUD will approve the release of funds with an Authority to Release Grant Funds (HUD form 7015.16) after the HUD 15-day public comment period if no valid objections are received. The 15-day period begins when HUD receives Form 7015.15. After this date, the City may proceed with the assisted activity.
HEROS
HUD's Office of Environment and Energy has also developed an online system known as the HUD Environmental Review Online System (HEROS) for documenting and managing environmental reviews. It covers all levels of environmental reviews for both Part 50 and Part 58 projects and includes on-screen guidance for completing HUD environmental reviews. The City will utilize HEROS to prepare all environmental reviews.
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HOME Commitment
In accordance with 24 CFR 92.2, HOME funds are committed when the City has executed a legally binding written agreement. The City must execute a written agreement with any entity to whom it distributes HOME-ARP funds. The written agreement documents and communicates HOME-ARP requirements and is a key tool for program compliance and oversight. Depending on who the City is partnering with and the activity type, there are different required written agreement provisions. Regulations at 24 CFR 92.504(c) describe the required provisions for each written agreement type. The City will have at least two unique written agreement types:
subrecipient written agreement and a rental development written agreement.
Project managers will develop the written agreement based on the information obtained in the applicant’s funding application.
Written agreements must be executed before the City disburses HOME-ARP funds for any project or program. Written agreements must be stand-alone documents, separate from a mortgage, deed of trust, promissory note, or other loan document. For rental development projects, the City must secure the HOME-ARP investment with the appropriate legal tool such as a deed restriction or land covenant.
Definition of Commitment
Per definitions at 24 CFR 92.2, HOME funds are committed when “The participating jurisdiction has executed a legally binding written agreement (that includes the date of the signature of each person signing the agreement) with a State recipient, a subrecipient, or a contractor to use a specific amount of HOME funds to produce affordable housing, provide downpayment assistance, or provide tenant-based rental assistance; or has met the requirements to commit to a specific local project, as defined in paragraph (2) of this definition.”
HUD recognizes unique commitment dates for projects (rental development activities) and programs (supportive service activities). The two commitment types are:
• Commitment to specific local project: Funds are committed when the PJ and the owner of the project have executed a signed and dated, legally binding agreement with the Project Owner, Project Developer, or Project Sponsor under which HOME-ARP assistance will be provided for an identifiable project. • Commitment to programs undertaken by subrecipient: Funds are committed when the PJ has executed a legally binding written agreement with a subrecipient to use a specific amount of HOME-ARP funds to administer a HOME-ARP program that complies with HOME-ARP requirements.
Committing HOME-ARP funds to a specific local project
Once a project has been selected and evaluated for HOME-ARP compliance, the City may commit HOME funds by entering into a written agreement with the Project Owner, Project
HOME-ARP Policies & Procedures 48
Developer, or Project Sponsor. When the City commits funds to a HOME-ARP rental rehabilitation or rental housing new construction project (with or without acquisition), funds are committed to a specific local project.
Prior to committing HOME-ARP funds for a specific local project, the City must:
• Identify a specific project (address or legal description) • Assess current market demand in the neighborhood where the project will be located • Complete environmental review requirements
• Secure all necessary financing
• Establish a budget
• Examine the sources and uses for the project and determine that costs are reasonable • Complete HOME program underwriting and subsidy layering requirements • Assess the experience and financial capacity of developer • Determine that construction will start within 12 months of the agreement date • Establish a completion schedule
Each of these requirements must be documented in the project file prior to entering into the written agreement.
To satisfy the HOME-ARP requirement that all necessary financing must be secure before entering into a HOME-ARP Agreement, the entity providing financing must provide written documentation of the funding commitment. This is often referred to as a commitment letter.
Staff will use HUD CPD Notice 15-09 to ensure the commitment letter meets HUD requirements. Financing sources do not have to be “closed” or funds disbursed before executing the HOME-ARP Agreement, but the date of the commitment letters must be before the HOME-ARP Agreement execution date. Commitment letters and the completed underwriting and subsidy layering analysis must be placed in the project file.
Written Agreement, Projects
HOME regulations at 24 CFR 92.504(c) set forth the required provisions of the written agreement. Additional written agreement requirements are found in Section VIII.B. and Appendix III.K.5.(c). of the HOME-ARP Notice (CPD Notice 21-10).
The City must enter into a written agreement with the Project Owner, Project Developer, or Project Sponsor prior to incurring any HOME-ARP costs. The written agreement must require compliance with the HOME-ARP notice, as well as written agreement provisions at 24 CFR
92.504(c)(3). The HOME-ARP written agreement must include the following provisions:
• Use of HOME-ARP funds for rental housing
• Project milestones and draw schedule
• On-going compliance
• Property Standards
HOME-ARP Policies & Procedures 49
• Records and reports
• Enforcement of the agreement
• Request for disbursement of funds
• Duration of agreement
• On-site inspections and financial oversight
• Tenant Selection
HOME-ARP written agreements are part of the legally binding commitment of HOME-ARP funds.
In order to enter into the written agreement, a City Council resolution must be approved granting the city permission to commit a specific dollar amount of HOME-ARP funds and enter into an agreement with the HOME-ARP entity (owner, developer, or sponsor).
If the applicant for funding does not own the property at the time the commitment is made, the HOME-ARP funded entity must be working to acquire the specific local project identified in the agreement. However, where a conditional commitment pending completion of environmental review has been made, the project may not be acquired until the environmental review process is complete and the release of funds has been approved by HUD.
Committing HOME-ARP funds to programs
The City may commit HOME-ARP funds to subrecipients or contractors to administer some or all of the City’s HOME-ARP programs. In accordance with 24 CFR 92.2, funds are committed when the City has executed a legally binding written agreement with a subrecipient to use a specific amount of HOME-ARP funds to provide HOME-ARP assistance. The written agreement must be dated and signed by each party. Once a subrecipient has been selected to administer a HOME-ARP program, the City will move forward with commitment.
Prior to executing a written agreement, the City will verify the following:
• Environmental review is completed
• Entity is eligible as a subrecipient
• Identification of all parties to the agreement
Written Agreement, Programs
HOME regulations at 24 CFR 92.504(c) provide the required provisions of a written agreement.
Additional written agreement requirements are found in Section VIII.B. and Appendix III.K.5.(c). of the HOME-ARP Notice (CPD Notice 21-10). At minimum, the written agreement must contain the following:
• Use of HOME-ARP Funds: The amount and use of funds to include tasks to be performed, schedule, and budget.
HOME-ARP Policies & Procedures 50
• Requests for Disbursement of Funds: A requirement that HOME-ARP funds may not be requested until funds are needed for payment of eligible costs, and that the amount of each request must be limited to the amount needed. The City only reimburses incurred costs, it does not advance funds.
• Compliance with HOME-ARP Program Requirements: Requires compliance with the HOME-ARP program requirements.
• Reversion of Assets: A statement that, at expiration of the agreement, the subrecipient must transfer to the City any HOME-ARP funds on hand at time of expiration and any accounts receivable attributable to the use of HOME-ARP funds • Records and Reports: Specify the records that must be maintained or reports that must be submitted to the City and the frequency of reporting. • Enforcement of the Written Agreement: Provide remedies for breach of agreement and consequences for non-performance.
• Program Income: State whether program income will be generated and who (the City or the subrecipient) will retain the program income.
• Fees: Prohibit the charging of fees and costs including, but not limited to servicing, origination, or other fees for the costs of administering the HOME-ARP program as described in 24 CFR 92.214.
• Affirmative Marketing and Minority Outreach: Specify the subrecipient’s responsibilities for affirmative marketing and outreach to minority persons. • Uniform Administrative Requirements: Require that the subrecipient comply with the applicable uniform administrative requirements in 2 CFR Part 200 except as indicated by 24 CFR 92.505.
• Other Federal Requirements: Include federal pass-through requirements such as, but not limited to, nondiscrimination and equal opportunity; disclosure; the prohibition against federal funds going to debarred, suspended or ineligible parties; environmental review; lead-based paint; drug-free workplace; housing counseling; and Violence Against Women Act (VAWA) requirements.
HOME-ARP Policies & Procedures 51
Financial Management and IDIS
As the lead entity for the Turlock-Stanislaus County Consortium’s HOME-ARP program, the City has specific responsibilities for the day-to-day oversight of the City’s HOME-ARP Program and all partners. This includes a fiduciary responsibility to ensure HOME-ARP funds are spent in the manner intended and that all federal regulations are met. This includes having strong internal controls and processes for financial oversight. This section encompasses the City’s processes for financial management, recording program income, processing draw requests, and specific IDIS tasks.
2 CFR 200 Overview
The City maintains a financial management system in alignment with Uniform Guidance (2 CFR Part 200) to accurately track, monitor, report, and execute federal programs that contains the following elements:
• Budget monitoring to account for both revenues and expenditures • Accounting and records that include amount of federal records received, current authorization of funds, obligations of funds, unobligated balances, assets and liabilities, program income, and actual expenditures broken down by grant program and grant year where the funds were used
• Cost principles to ensure all costs are reasonable, necessary, and allocable • City audits (which can be found on the City’s website at www.cityofturlock.org/cityfinancesbudget/budgetfinancialstatements) to ensure compliance with all laws and rules
These policies are captured in the City’s internal policies and procedures. Staff working on the HOME program must be familiar with the policies identified in Table 3 below:
Table 3: City of Turlock Internal Policies and Procedures Document Title Description
Fund Balance Policy Provides guidelines on fund balance hierarchy and description of meaning.
Procurement Reference Guide Reference sheet that contains City’s procurement standards.
Purchasing Policy & Procedure
Manual
Provides the City’s guidance and standardization for
procuring supplies and services to help ensure they are procured in accordance with state laws. Also includes
Federal Grant Procurement section to help ensure
guidance with 2 CFR Part 200.
HOME-ARP Policies & Procedures 52
Program Income
Program income (PI) is defined at 24 CFR 92.2 as gross income received by the City directly generated from the use of HOME-ARP funds or matching contributions. The City does not anticipate PI as a result of HOME-ARP funds; however, the City will record PI in IDIS as it is received.
IDIS
The Integrated Disbursement and Information System (IDIS) is a nationwide disbursement and reporting database established by HUD. IDIS provides HUD with current information regarding the program activities underway by federal housing and community development entitlement grantees across the nation, including funding data. HUD uses this information to report to Congress and to monitor grantees. IDIS is both the draw down and reporting system for the HOME-ARP program. City staff utilize IDIS as required and as a tool to monitor overall performance.
Before accessing funds in IDIS, the City must first create and fund activities. All HOME-ARP activities are required to be associated with the 2021 Annual Action Plan project.
After a project has been selected, the IDIS lead will set up the activity in IDIS. Activity set-up is completed by the appropriate staff lead who, prior to set-up, must confirm that the Environmental Review is complete and all authorizations have been provided. The IDIS lead will also enter beneficiary data in IDIS as it is received.
To process draw requests from developers and subrecipients, City staff will review for eligible costs and alignment with the budget identified in the written agreement and conduct a progress inspection, as necessary.
To reimburse the general fund, the finance department will create a draw request in IDIS and housing will approve. The drawdown of HOME-ARP funds is on a reimbursement basis for preapproved HOME-ARP eligible activities. The amount of disbursement cannot exceed the actual costs incurred for eligible costs.
HOME-ARP Policies & Procedures 53
Recordkeeping and Monitoring
Recordkeeping
The City will maintain records in accordance with the HOME-ARP Notice Section VIII (F).
Recordkeeping. The City requires that agreements and contracts with Grant Funding, as well as all records related to project administration, are kept for five years following project completion, or after the funding agency has completed their audit. Whichever period is longer is acceptable.
The City will enforce any required additional federal regulations that may apply to a project or program. Additional federal requirements may include environmental reviews, labor standards, relocation requirements, lead-based paint, conflict of interest, fair housing and affirmative marketing, and women and minority business owners.
For HOME-ARP rental housing projects, records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five-year period, until five years after the compliance period terminates.
The City will maintain records related to project records, financial records, program administration, and records concerning designation as a PJ, as well as records concerning other federal requirements. The City requires that agreements and contracts with HOME funds, as well as all records related to project administration, are kept for five years following project completion (with the exceptions to periods of record retention that are listed under 24 CFR
92.508(c)), or after the funding agency has completed their audit. Whichever period is longer is acceptable.
Written agreements will specify the documentation required at a program or project level. City staff will utilize the written agreement and other project file checklists to ensure that required documentation is appropriately maintained.
Public Records
The Records Management program applies to all City Departments and was approved by City Council. Resolution 2018-071 approves the City Clerk to update the records and retention schedule periodically through a consultant.
Monitoring
The City utilizes a risk-based monitoring plan to ensure compliance with federal requirements and performance expectations are being achieved. Staff monitors the HOME-ARP program for overall compliance and monitors projects, programs and subrecipients on an annual basis.
Monitoring may take the form of a desk review or site visit based upon the risk analysis.
HOME-ARP Policies & Procedures 54
The City will enforce any required additional federal regulations that may apply to a project or program. Additional federal requirements may include but are not limited to environmental reviews, labor standards, relocation requirements, lead based paint, conflict of interest, fair housing and affirmative marketing, and women and minority business owners.
For rental housing projects, records may be retained for five years after the project completion date, except that records of individual tenant income verifications, project rents, and project inspections must be retained for the most recent five-year period, until five years after the affordability period terminates.
Additional details of the City’s monitoring may be found in the City’s HOME Monitoring Plan.
HOME-ARP Policies & Procedures 55
Other Federal Requirements
This section describes requirements that apply to the use of HOME-ARP funds by way of them being HOME funds which have not already been described in this document. See the HOME program regulations at 24 CFR 92 Subpart H “Other Federal Requirements” and 2 CFR 5 Subpart A “Generally Applicable Definitions and Requirements; Waivers.” Affirmative Marketing and Minority Outreach
The requirements of 24 CFR 92.351 apply to HOME-ARP activities for rental projects containing five or more HOME-assisted units. For the purposes of this requirement, HOME-ARP units are HOME-assisted units. In the event that HOME and HOME-ARP units are in the same project they would be grouped together as HOME-assisted units.
The developer must submit an Affirmative Marketing Plan to the City. The Plan must include specific groups that are least likely to apply for housing and include strategies to inform these groups of the housing opportunities available.
Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status, or disability.
Displacement, relocation, and acquisition
In its annual submission to HUD, a HOME PJ must annually certify that is has and is following a “residential antidisplacement and relocation assistance plan.” (24 CFR 91.225) The HOME regulations have specific requirements about anti-displacement, temporary relocation, relocation assistance for displaced persons, and other requirements related to the acquisition of real property that implement the requirement of 24 CFR Part 42, Subparts A and C.
HUD provides resources on compliance with relocation requirements on the HUD Exchange https://www.hudexchange.info/programs/relocation/ Specifically a HOME-ARP URA and Section 104(d) Policy Brief
https://www.hud.gov/sites/dfiles/CPD/documents/RRED%20HOMEARP%20Policy%20Brief%20Final%20%2803.31.22%29.pdf Federal Labor Standards, Davis-Bacon and Related Acts (DBRA) In general, if HOME funds are used to assist in the rehabilitation or construction of housing that involves twelve (12) or more HOME-assisted units, federal labor standards will apply.
This includes the payment of federal prevailing wages. The Contract Work Hours and Safety Standards Act also applies. Bid notices, bid documents, and contracts must include the
HOME-ARP Policies & Procedures 56
required notices and language. The contractor and subcontractors must also comply with all other applicable requirements including the payment of minimum wage.
HUD provides resources on compliance with Davis-Bacon and labor standards on the HUD Exchange http://hudexchange.info/programs/davis-bacon-and-labor-standards/ The Agency/Contractor Guides are particularly valuable resources.
Lead-Based Paint Poisoning Prevention
Housing assisted with HUD funds is subject to the Lead-Safe Housing Rule (24 CFR 35). This regulation, effective September 15, 2000, establishes procedures for evaluating whether a leadbased paint hazard may be present, controlling or eliminating the hazard, and notifying occupants of what was found and what work was done in such housing. HUD’s Office of Healthy Homes provides guidance on complying with the Lead-Safe Housing Rule. https://www.hudexchange.info/programs/lead-based-paint/ Conflict of Interest
HOME program regulations have very clear and detailed prohibitions against conflicts of interest. In general, these prohibit the award of HOME funds or the decision to award HOME funds in a manner that would benefit one’s self, family, or business partners. HOME’s conflict of interest rules are broad in the covered activities and persons covered. It should be noted that decisions on the occupancy and leasing of assisted units is covered. See the HOME regulations at 24 CFR 92.356 “Conflict of Interest,”
The City’s conflict of interest policies also apply to HOME-ARP programs and projects.
Consultant Activities
HOME Regulations impose a limit on the rate of compensation to consultants who are providing services in an “employer-employee type relationship.” This limit does not apply to services provided in an independent contractor relationship. As in the case of all costs, any compensation must be reasonable and customary.
Violence Against Women Act (VAWA)
HOME-ARP requires compliance with the regulations of Violence against Women Act (VAWA), which protects applicants, tenants, and program participants who are victims of domestic violence, dating violence, sexual assault, or stalking from being evicted, denied housing assistance, or terminated from housing assistance. These protections are available to victims regardless of sex, gender identity or sexual orientation. (24 CFR Part 5, Subpart L).
HOME-ARP Policies & Procedures 57
Procurement
General HOME-ARP Procurement
All goods and services funded all or in part with HOME-ARP funds must comply with the procurement requirements set forth in the Uniform Administrative Requirements for federal awards at 2 CFR 200, Subpart D. The City will comply with those requirements and with the City’s procurement guidelines.
Excluded Parties, federal System for Award Management (SAM) No party (individual, organization, or affiliate) that has been excluded from receiving federal funds may receive an award of funds, or a be awarded a contract or subcontract that uses federal funds, or benefit directly or indirectly from awards or contracts. This applies to all tiers of a contract or award.
Excluded parties include those that may be debarred, suspended, or otherwise be in an ineligible status. Prior to entering into any HUD-funded agreement, the City and subrecipients who may contract for goods or services must check all contractors, subcontractors (including sub-tier contractors), consultants, and subrecipients against the System for Award Management, found at https://www.sam.gov. This includes personnel who own or otherwise have a direct ownership interest in the entity.
Subrecipients must register in SAM and obtain a Unique Entity ID.
Section 3 Economic Opportunity
Pursuant to Section 3 of the Housing and Community Development Act of 1968, as amended, with regulations at 24 CFR 75, recipients must direct jobs, training, and contracting opportunities to businesses owned by or employing low and very low-income residents. This applies to housing construction, housing rehabilitation and other public construction contracts or subcontracts of $200,000 or more. HOME-ARP recipients will be required to keep records and provide reports on their Section 3 efforts. See CPD Notice: 21-07 for an overview of new guidance.
For additional information on Section 3, visit: www.hud.gov/section3 Minority Business Enterprises (MBE) and Women Business Enterprises (WBE)
The HOME program regulations at 24 CFR 92.351(b) call for a minority outreach program inclusive of Minority Business Enterprises and Women Business Enterprises, including, without limitation, real estate firms, construction firms, appraisal firms, financial institutions, investment banking firms, underwriters, accountants and providers of legal services. The Uniform Administrative Requirements of 2 CFR 200.321(a) require the City to “take all necessary
HOME-ARP Policies & Procedures 58
affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible.” This requirement is applicable to contracting and subcontracting opportunities funded in whole or in part with the federal housing and community development assistance provided by the City.
Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or that is more than 50% owned by minority group members or women. If the enterprise is publicly owned, the minority/women members or stockholders must have at least 51% interest and possess control over management, capital and earnings.
HOME-ARP Policies & Procedures 59
Fair Housing, Nondiscrimination, and Reasonable
Accommodation
As a HOME PJ, the City is obligated to comply with federal law and regulations related to Fair Housing and Equal Opportunity, Non-discrimination, and the provision of reasonable accommodation.
Title VIII of the Civil Rights Act of 1968, P.L. 90-284 (Fair Housing Act): Prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, national origin, disability or familial status, as well as establishing administrative enforcement mechanisms, revised and expanded Justice Department jurisdiction, and contains design and construction accessibility provisions for certain new multifamily dwellings developed for first occupancy.
Title VIII was amended in 1988 (effective March 12, 1989) by the Fair Housing Amendments Act, which:
• Expanded the coverage of the Fair Housing Act to prohibit discrimination based on disability or on familial status (presence of child under age of 18, and pregnant women); • Established new administrative enforcement mechanisms with HUD attorneys bringing actions before administrative law judges on behalf of victims of housing discrimination; and
• Revised and expanded Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts.
Title VI of the Civil Rights Act of 1964, P. L. 88-352 and the regulations of HUD with respect thereto, including 24 CFR, Parts 1: Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
Executive Order 13166: Improving Access to Services for Persons With Limited English Proficiency: Requires that greater emphasis be put on existing requirements under Title VI of the Civil Rights Act to protect persons who, as a result of national origin, are limited in their English proficiency (LEP).
Executive Order 11063, as amended: Prohibits discrimination in the sale, leasing, rent and other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.
Age Discrimination Act of 1975: Prohibits discrimination on the basis of age to programs or activities receiving federal financial assistance.
Executive Order 11246 (Applies to contracts in excess of $10,000): Bars discrimination in federal employment because of race, color, religion, sex, or national origin.
HOME-ARP Policies & Procedures 60
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program receiving federal financial assistance. Specifically, Section 504 states: “No otherwise qualified individual with a disability in the United States. . .shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” Section 504 prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency, including HUD as well as in programs conducted by federal agencies including HUD.
For additional information on Fair Housing and Equal Opportunity laws, please visit:
www.hud.gov/fairhousing
For additional information, visit:
www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/sect504faq
City Council Staff Report
April 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Janine Lee, Associate Engineer
Agendized by: Gary Hampton, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Awarding bid and approving an Agreement with Ace-High Engineering, of Brentwood, California, in the amount of $295,746.00 and authorizing a construction contingency amount of $29,574.00 (10.0%) for the construction of City Project No. 25-063 "Geer Road Water Valves Replacement" to be funded by Fund 420 "Water Enterprise" Resolution: Determining the award of bid for the construction of City Project No. 25-063 “Geer Road Water Valves Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines
2. NARRATIVE:
The purpose of City Project No. 25-063 "Geer Road Water Valves Replacement" is to replace existing gate valves identified by City staff as being partially or fully inoperable prior to the rehabilitation of the asphalt concrete road segments on Geer Road between Wayside Drive and Hedstrom Road which are part of the Roads Program construction projects.
The main elements of the scope of work for this project consist of:
• Replace 19 existing gate valves (various sizes)
• Adjust frames and covers to grade
• Trench restoration
City staff advertised this project on February 21st, 2026 through the Turlock Journal and on the City’s website for construction projects. On March 9th, six (6) bids were received. AceHigh Engineering of Brentwood, California, was the lowest responsible bidder with a base bid amount of $295,746.00.
Bid Summary:
City Engineering staff responsible for evaluating bidder responsiveness and responsibility
Agenda Staff Report
4/14/2026
received a bid advisory prepared by NorCal Construction Industry Compliance dated March 20, 2026. In alignment with standard practice upon receipt of a bid advisory, City staff requested supplemental documentation from the apparent low bidder. Based on the evaluation of the submitted materials, City staff determined that Ace-High Engineering is a responsive and responsible bidder in accordance with Public Contract Code Section 1103.
Staff recommends approval of an agreement with Ace-High Engineering of Brentwood, California, as the lowest responsive, responsible bidder with a bid amount of $295,746.00.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No General Fund money will be used for this project.
The total estimated project costs are displayed below:
Staff has determined that a total of $378,520.00 is needed to complete the project. All project costs are expected to be expended in Fiscal Year 2025-26. The project account number is Fund 420 “Water Enterprise” account number 420-52-551.51394 for the preliminary engineering design phase. The project account number will be Fund 420 "Water Enterprise" account number 420-52-551.51126 for the construction phase. Sufficient funds are available for this project and no additional appropriation is needed at this time.
4. ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement of existing facilities.
5. ALTERNATIVES:
A. Council could choose to reject the environmental determination. Staff does not recommend this alternative as an environmental determination is required to be made in accordance with CEQA and Section 15302 (Replacement or Reconstruction) is an appropriate exemption.
B. Council could choose to reject all bids submitted for this project. Staff does not recommend this alternative because funds are available and the improvements are necessary for the completion of utility valve replacement prior to the rehabilitation of pavement on Geer Road.
Agenda Staff Report
4/14/2026
C. Council could approve the Agreement with Ace-High Engineering and authorize a different construction contingency amount than recommended by staff. Staff do not recommend this alternative because the proposed 10.0% contingency provides an appropriate balance between fiscal prudence and the need to address unforeseen field conditions without delaying the project.
6. ATTACHMENTS:
1. Draft Resolution
2. City Contract 2026-141 with Ace-High Engineering
3. Bidder's Summary
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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2026-
AWARD OF BID FOR THE CONSTRUCTION
OF CITY PROJECT NO. 25-063 “GEER ROAD
WATER VALVES REPLACEMENT” IS EXEMPT
FROM THE PROVISIONS OF CEQA IN
ACCORDANCE WITH SECTION 15302
(REPLACEMENT OR RECONSTRUCTION)
OF THE CEQA GUIDELINES
WHEREAS, City Project No. 25-063 "Geer Road Water Valves Replacement" will replace existing gate valves identified by City staff as being partially or fully inoperable prior to the rehabilitation of the asphalt concrete road segments on Geer Road between Wayside Drive and Hedstrom Road which are part of the Roads Program construction projects; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement of existing facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for the construction of City Project No. 25-063 “Geer Road Water Valves Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of April, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
CITY CONTRACT NO. 2026-141 1
CITY PROJECT NO. 25-063
Rev. 01/2026
AGREEMENT
FOR PUBLIC IMPROVEMENT
City Project No. 25-063
Geer Road Water Valves Replacement
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by
RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Geer Road Water Valve Replacement (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 April 14, 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. and between the CITY OF TURLOCK, a California municipal corporation (“City”), and ACE HIGH ENGINEERING, INC., a California corporation (“Contractor”), on this 14 th day of April 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.
CITY CONTRACT NO. 2026-141 2
CITY PROJECT NO. 25-063
Rev. 01/2026
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 Contractors;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock for Geer Water Valves Replacement; 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 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
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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 “Geer Road Water Valves Replacement.” 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 Two Hundred Ninety-Five Thousand Seven Hundred Forty-Six Dollars ($295,746.00) (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.
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
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shall be substantially completed on or before the expiration of Twenty-Two (22) 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 Forty-Four (44) 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 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.
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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.
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
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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 One Thousand Five Hundred and No/100ths Dollars ($1,500.00) 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 Eight Hundred and No/100ths Dollars ($800.00) 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.
6. Termination.
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(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 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.
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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 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
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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 shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.
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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 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.
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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 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.
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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.
(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 Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and
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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 Two Million Dollars ($2,000,000.00) 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.
(d) Builder’s Risk Insurance. [Intentionally Omitted]
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(e) Installation Floater (“Course of Construction”) Insurance. Contractor, shall provide an installation floater, covering the work performed under the Agreement, on a form at least as broad as Insurance Services Offices, Inc. (ISO) Causes of Loss - Special Form. The policy shall cover the labor, materials, and equipment, including materials and equipment in transit or away from the project site, to be installed. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. The Contractor shall be the named insured, and the City and subcontractors of any tier shall be named as insureds. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents. (f) Contractors Pollution Insurance. [Intentionally Omitted] Pollution Coverage shall be maintained on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees, and volunteers as insureds. (g) Professional Liability Insurance. [Intentionally Omitted] (h) 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. (i) 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. (j) 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.
(k) 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. (l) 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
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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.
(m) 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, 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.
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(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.
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.
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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.
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: William D. Morris, City Engineer
156 S. Broadway, Suite 150
Turlock, California 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, California 95380-5456
If to Contractor: Ace High Engineering
Manuel Ortega
26970 Marsh Creek Rd.
Brentwood, California 94513
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If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________
26. City Contract Administrator: The City’s contract administrator and contact person for this Agreement is:
Janine Lee
City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-635
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.
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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, 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
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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]
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IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of ___ pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.
CONTRACTOR CITY OF TURLOCK, a municipal corporation
By: ____________________________ By: _____________________________ Gary R. Hampton, Interim City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ William D. Morris, RCE, PLS, City Engineer
Date: ___________________________
By: _____________________________
Christopher Fisher, Municipal Services
Director
Federal Tax ID or Social Security No:
APPROVED AS TO FORM:
_______________________________
By: _____________________________
George A. Petrulakis, City Attorney
DIR Registration Number:
_______________________________ ATTEST:
Affix Contractor’s Seal Here By: _____________________________ Nichole Fiez, City Clerk
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EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
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EXHIBIT B
PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.
A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a fifteen percent (15%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:
1. Employer payment to the worker for:
1.1 Basic hourly wage
1.2 Health and welfare
1.3 Pension
1.4 Vacation
1.5 Training
1.6 Other State and federal recognized fringe benefit payments
2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:
2.1 Workers' compensation insurance
2.2 Social security
2.3 Medicare
2.4 Federal unemployment insurance
2.5 State unemployment insurance
2.6 State training taxes
3. Subsistence and travel allowances paid to the workers
4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs
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(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:
1. A fifteen percent (15%) markup is added;
2. Supplier discounts are subtracted whether the Contractor takes them or not;
3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;
4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:
4.1 Price paid by the purchaser for similar materials from that source on Contract items; and
4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:
5.1 During that period
5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:
1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.
2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.
3. Fifteen percent (15%) percent markup.
If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location.
If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.
Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
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The City Engineer determines rental costs:
1. Using rates in Labor Surcharge and Equipment Rental Rates:
1.1. By classifying equipment using manufacturer's ratings and manufacturerapproved changes.
1.2. Current during the work paid by force account.
1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:
1.3.1. Rented from equipment business Contractor does not own.
1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.
2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:
2.1. Rented from equipment business Contractor does not own.
2.2. The City Engineer establishes a rate of $10.00 per hour or less.
3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.
Equipment rental rates include the cost of:
1. Fuel 7. Repairs and maintenance
2. Oil 8. Depreciation
3. Lubrication 9. Storage
4. Supplies 10. Insurance
5. Small tools that are not consumed by use 11. Incidentals
6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.
The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:
1. Contractor submits a request to use rented equipment
2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors
3. Rented equipment is from an independent rental company
4. Proposed equipment rental rate is reasonable
5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
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D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:
1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account and:
3.1. Hourly rates are paid in 1/2-hour increments
3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for originalContract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.
The minimum total time paid is:
1. 1 day if daily rates are paid
2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:
1. Idled is paid as 1/2 day
2. Operated four (4) hours or less is paid as 1/2 day
3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.
The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.
Equipment Rental Hours
Hours
operated
Hours
paid
0.0 4.00
0.5 4.25
1.0 4.50
1.5 4.75
2.0 5.00
2.5 5.25
3.0 5.50
3.5 5.75
4.0 6.00
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4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.5
7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:
1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for nonowner-operated dump truck rental to City. The City Engineer shall determine the payment rate.
Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.
The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
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EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):
Business Phone: ( )
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EXHIBIT D
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, State of California, has awarded to Ace High Engineering, hereinafter designated as the “Principal,” a contract for Project No. 25-063, “Geer Road Water Valves Replacement”; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we the Principal, and as Surety, are
held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.
The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
CITY CONTRACT NO. 2026-141 37
CITY PROJECT NO. 25-063
Rev. 01/2026
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:
Risk Manager
CITY CONTRACT NO. 2026-141 38
CITY PROJECT NO. 25-063
Rev. 01/2026
EXHIBIT E
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, a municipal corporation, has awarded to Ace High Engineering, hereinafter designated as the “Principal”, a contract for Project No. 25-063, “Geer Road Water Valves Replacement”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. [Signatures on Following Page]
CITY CONTRACT NO. 2026-141 39
CITY PROJECT NO. 25-063
Rev. 01/2026
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:
Risk Manager
CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: Gear Road Water Valves Replacement
CITY PROJECT NUMBER: 25-063
BID OPENING: March 9, 2026 at 10:00 AM
ANTICIPATED COUNCIL AWARD DATE: March 24, 2026
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 20,000.00 $ 20,000.00 $ 13,964.00 $ 13,964.00 $ 5,000.00 $ 5,000.00 $ 20,020.00 $ 20,020.00 $ 2 Construction Project Sign EA 1 5,000.00 $ 5,000.00 $ 589.00 $ 589.00 $ 1,800.00 $ 1,800.00 $ 9,880.00 $ 9,880.00 $ 3 Traffic Control System LS 1 50,000.00 $ 50,000.00 $ 7,951.00 $ 7,951.00 $ 5,000.00 $ 5,000.00 $ 38,220.00 $ 38,220.00 $ 4 Pothole Existing Utilities LS 1 15,000.00 $ 15,000.00 $ 11,908.00 $ 11,908.00 $ 15,000.00 $ 15,000.00 $ 12,740.00 $ 12,740.00 $ 5 Remove Existing Improvements LS 1 10,000.00 $ 10,000.00 $ 26,959.00 $ 26,959.00 $ 5,000.00 $ 5,000.00 $ 19,630.00 $ 19,630.00 $ 6 Earthwork and Grading LS 1 10,000.00 $ 10,000.00 $ 27,138.00 $ 27,138.00 $ 3,000.00 $ 3,000.00 $ 33,410.00 $ 33,410.00 $ 7 Replace Existing 4-in Gate Valve EA 1 4,000.00 $ 4,000.00 $ 6,594.00 $ 6,594.00 $ 4,000.00 $ 4,000.00 $ 7,410.00 $ 7,410.00 $ 8 Replace Existing 6-in Gate Valve EA 2 6,000.00 $ 12,000.00 $ 10,087.00 $ 20,174.00 $ 8,600.00 $ 17,200.00 $ 4,550.00 $ 9,100.00 $ 9 Replace Existing 8-in Gate Valve EA 8 8,000.00 $ 64,000.00 $ 7,777.00 $ 62,216.00 $ 10,600.00 $ 84,800.00 $ 6,184.29 $ $ 49,474.32 10 Replace Existing 10-in Gate Valve EA 9 10,000.00 $ 90,000.00 $ 9,453.00 $ 85,077.00 $ 13,600.00 $ 122,400.00 $ 7,150.00 $ 64,350.00 $ 11 Adjust Frames and Covers to Grade EA 20 1,000.00 $ 20,000.00 $ 714.00 $ 14,280.00 $ 1,000.00 $ 20,000.00 $ 1,628.42 $ $ 32,568.40 12 Allowance for Unknown Utilities LS 1 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 13 Allowance for Replacement of Asbestos Cement Pipe LS 1 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 14 Furnish 4-in Gate Valve EA 1 1,500.00 $ 1,500.00 $ 1,416.00 $ 1,416.00 $ 3,800.00 $ 3,800.00 $ 2,340.00 $ 2,340.00 $ 15 Furnish 10-in Gate Valve EA 1 3,500.00 $ 3,500.00 $ 3,185.00 $ 3,185.00 $ 10,000.00 $ 10,000.00 $ 3,900.00 $ 3,900.00 $ 16 Furnish 12-in Butterfly Valve EA 1 5,000.00 $ 5,000.00 $ 4,295.00 $ 4,295.00 $ 12,000.00 $ 12,000.00 $ 7,800.00 $ 7,800.00 $ 1 2 3
$ 319,000.00
Base Bid ENGINEER'S EST. Ace-High Engineering
Brentwood, CA
Rolfe Construction, Inc
Atwater, CA
Mid Cal Pipeline & Utilities
Merced, CA
Base Bid Total = 320,000.00 $ 295,746.00 $ $ 320,842.72
CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: Gear Road Water Valves Replacement
CITY PROJECT NUMBER: 25-063
BID OPENING: March 9, 2026 at 10:00 AM
ANTICIPATED COUNCIL AWARD DATE: March 24, 2026
Item Unit of Estimated
No. Item Description Measure Quantity
1 Mobilization and Demobilization LS 1
2 Construction Project Sign EA 1
3 Traffic Control System LS 1
4 Pothole Existing Utilities LS 1
5 Remove Existing Improvements LS 1
6 Earthwork and Grading LS 1
7 Replace Existing 4-in Gate Valve EA 1
8 Replace Existing 6-in Gate Valve EA 2
9 Replace Existing 8-in Gate Valve EA 8
10 Replace Existing 10-in Gate Valve EA 9
11 Adjust Frames and Covers to Grade EA 20
12 Allowance for Unknown Utilities LS 1
13 Allowance for Replacement of Asbestos Cement Pipe LS 1 14 Furnish 4-in Gate Valve EA 1
15 Furnish 10-in Gate Valve EA 1
16 Furnish 12-in Butterfly Valve EA 1
Base Bid
Base Bid Total =
Unit Price Total Unit Price Total Unit Price Total
$ 11,953.00 11,953.00 $ 12,000.00 $ 12,000.00 $ 51,973.00 $ 51,973.00 $ $ 1,500.00 1,500.00 $ 1,600.00 $ 1,600.00 $ 2,500.00 $ 2,500.00 $ $ 26,000.00 26,000.00 $ 31,560.00 $ 31,560.00 $ 34,290.00 $ 34,290.00 $ $ 10,000.00 10,000.00 $ 13,400.00 $ 13,400.00 $ 11,522.00 $ 11,522.00 $ $ 25,000.00 25,000.00 $ 22,690.00 $ 22,690.00 $ 2,000.00 $ 2,000.00 $ $ 25,000.00 25,000.00 $ 37,193.00 $ 37,193.00 $ 2,000.00 $ 2,000.00 $ $ 11,511.00 11,511.00 $ 9,880.00 $ 9,880.00 $ 9,500.00 $ 9,500.00 $ $ 13,250.00 $ 26,500.00 $ 20,490.00 10,245.00 $ 11,500.00 $ 23,000.00 $ $ 72,000.00 9,000.00 $ 9,405.00 $ 75,240.00 $ 13,500.00 $ 108,000.00 $ $ 92,664.00 10,296.00 $ 10,840.00 $ 97,560.00 $ 15,500.00 $ 139,500.00 $ $ 28,000.00 1,400.00 $ 1,200.00 $ 24,000.00 $ 1,150.00 $ 23,000.00 $ $ 5,000.00 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ $ 5,000.00 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ $ 900.00 900.00 $ 789.00 $ 789.00 $ 800.00 $ 800.00 $
$ 3,000.00 3,000.00 $ 2,559.00 $ 2,559.00 $ 2,400.00 $ 2,400.00 $ $ 4,500.00 4,500.00 $ 3,577.00 $ 3,577.00 $ 3,250.00 $ 3,250.00 $ $ 348,528.00 $ 423,735.00 362,538.00 $
4 5 6
Platinum General Engineering
Modesto, CA
Lawrence Backhoe Services
Atwater, CA
United Pavement Maintenance
Hughson, CA
City Council Staff Report
April 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Gary Hampton, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving Amendment No. 6 for Task Order No. 6 under the terms of the Master Agreement (City Contract No. 2023-110) with Provost & Pritchard Engineering Group, Inc. dba Provost & Pritchard Consulting Group (Clovis, California office) for Engineering Design Services for the City of Turlock’s Roads Initiative Program in the amount of $823,532.14 to be funded by Fund 115 “Measure A – Roads” under City Project No. 26-014 “Provost & Pritchard Task Order No. 6 for Roads Program CIP Projects,” and authorizing staff to proceed with advertising for construction of said City Project upon completion of bid documents
2. NARRATIVE:
The Master Agreement between the City of Turlock and Provost & Pritchard Consulting Group (City Contract No. 2023-110) stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of the Master Agreement.
Staff is proposing the rehabilitation of a section of roadway along Lander Avenue and Olive Avenue from approximately 340 feet south of D Street to N. Golden State Boulevard. This section is classified as an “Arterial” roadway and the Pavement Condition Index (PCI) for various segments along its length are shown in the following table:
City Project No. 26-014
"Provost & Pritchard Task Order No. 6 for Roads Program CIP Projects" Street Name From To PCI Length (ft) District
Lander Ave.
N/B 340' S. of D St. W. Main St. 46 2,960.00 2
S/B W. Main St. 340' S. of D St. 49 2,960.00 2
(Lexington
Ave.)
N/B W. Main St. W. Olive Ave. 15 371.00 2
S/B W. Olive Ave. W. Main St. 15 371.00 2
W. Olive Ave.
N/B W. Olive Ave. N. Broadway Ave. 58 194.00 2
S/B N. Broadway Ave. W. Olive Ave. 58 194.00 2
N/B N. Broadway Ave. N. 1st St. 55 400.00 2
Agenda Staff Report
4/14/2026
Provost & Pritchard’s scope of services includes, in general, topographic survey, boundary survey for monument preservation, geotechnical investigations (pavement cores and soil sampling), pavement design, utility coordination, funding applications, development of Bid Documents, public outreach, Council presentations, and assistance during bid phase and construction phase. Environmental clearance is anticipated to be a categorical exemption under California Environmental Quality Act (CEQA).
Staff has submitted an application for Surface Transportation Block Grant (STBG) grant funding to the Stanislaus Council of Governments (StanCOG). In the event that the City is successful in securing this grant for the project, environmental clearance under National Environmental Policy Act (NEPA) guidelines for Categorical Exclusion (CE) will be required.
Based on the current schedule, construction is anticipated to start in 2028; however, this schedule is subject to the timeline for securing grant funding, NEPA CE approval, and coordination with other construction activities. Construction cost is estimated to range from $5.2 million to $6.5 million.
The proposed amendment provides the scope of services, associated fees, and schedule for the required services for City Project No. 26-014.
Per Resolution 2009-247, authorization from City Council is required prior to proceeding with bid advertising for “all capital improvement projects with a construction and project management estimate of greater than $1,000,000.” If staff waits for design to be completed before asking Council for authorization to bid, the project schedule will be delayed by 4-6 weeks and will significantly delay the start of construction. Therefore, staff requests that the Council authorize staff to proceed with advertising the project for construction upon completion of the bid documents.
S/B N. 1st St. N. Broadway Ave. 55 400.00 2
E. Olive Ave.
N/B
N. 1st St. N. Golden State
Blvd.
5 341.00 2
S/B
N. Golden State
Blvd.
N. 1st St. 5 341.00 2
Total Length (Centerline) 4,266.00
Total Length (Lane) 17,064.00
3. FISCAL IMPACT / BUDGET AMENDMENT:
The fiscal impact of the proposed action will be $823,532.14 which will be funded by Fund 115 “Measure A – Roads”, account number 115-10-115.43366_001 “Design Roads.” Appropriate funds have been allocated during the Fiscal Year 2025-2026 budget process.
4. ENVIRONMENTAL DETERMINATION:
Approving the amendment for the task order described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because it consists of “organizational or
Agenda Staff Report
4/14/2026
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. ALTERNATIVES:
A. Council could choose not to approve the proposed Amendment. Staff does not recommend this alternative as it will delay the process of design and construction of Roads Program CIP projects.
B. Council could choose not to approve authorizing staff to proceed with advertising these projects for construction upon completion of bid documents. Staff does not recommend this alternative as it will extend each project schedule by several weeks, delaying the start of construction and the eventual completion of the project.
C. Provide staff with direction on how to proceed.
6. ATTACHMENTS:
1. Amendment No. 6 for Task Order No. 6 under the terms of the Master Agreement (City Contract No. 2023-110) with Provost & Pritchard Engineering Group
CITY CONTRACT NO. 2023-110, Amendment No. 6 for Task Order No. 6 AMENDMENT NO. 6 FOR TASK ORDER NO. 6
Under the Terms of the
MASTER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
PROVOST & PRITCHARD ENGINEERING GROUP, INC.
DBA PROVOST & PRITCHARD CONSULTING GROUP
for
ENGINEERING DESIGN SERVICES (City Contract No. 2023-110) City Project No. 26-014
THIS AMENDMENT NO. 6 for Task Order No. 6 under the terms of City Contract No. 2023-110 is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and PROVOST & PRITCHARD ENGINEERING GROUP, INC. DBA PROVOST & PRITCHARD CONSULTING GROUP, a California corporation (“Professional”), on this ______ day of ___________ 2026 (the “Effective Date of Task Order No. 6”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Amendment No. 6.
WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2023-110) dated April 25, 2023, for engineering design services to assist City with Design Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and WHEREAS, the Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of Agreement by a written amendment to the Agreement; and
WHEREAS, City desires that Professional provide engineering design services for City Project No. 26-014 “Provost & Pritchard Task Order No. 6 for Roads Program CIP Projects;” and WHEREAS, Amendment No. 6 for Task Order No. 6 provides the scope of services, associated fees, and schedule for said City Project.
NOW, THEREFORE, the Parties hereto mutually agree to amend the Agreement as follows:
1. Exhibit G, attached hereto and incorporated herein by reference, is hereby added to the Agreement.
2. Recital B of the Agreement is amended to read as follows:
CITY CONTRACT NO. 2023-110, Amendment No. 6 for Task Order No. 6 B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibits A through G attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
3. Recital C of the Agreement is amended to read as follows:
C. The Parties anticipate that one or more projects for Services shall be determined through creation of a Task Order as a City-requested modification of services under Section 5.2 of this Agreement which shall be approved by written amendment to this Agreement. The Parties shall outline the schedule or timeline for providing the Services agreed upon under each Task Order (“Completion Schedule”), which shall be included in one or more written amendments to this Agreement. Such Completion Schedule is included in Exhibit G.
4. Recital D of the Agreement is amended to read as follows:
D. The Parties shall outline the rates and method of payment to Professional for its performance of the Services under this Agreement as determined under each Task Order (“Compensation Schedule”), which shall be included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit G.
5. Section 5 of the Agreement is amended to read as follows:
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibits A through G. Any request for Services not included in Exhibits A through G will be considered a request for additional or modified Services (“Modification” or “Modifications”).
Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibits A through G. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
6. Section 6 of the Agreement is amended to read as follows:
6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit based on Exhibit 10-H1 of Caltrans
CITY CONTRACT NO. 2023-110, Amendment No. 6 for Task Order No. 6 Local Assistance Procedures Manual (LAPM). Professional will be allowed to include an amount for the anticipated salary increases as calculated per Exhibit 10-H1. City’s total compensation to Professional shall not exceed the cumulative amount resulting from each Task Order with each approved Amendment to the Agreement. The compensation for Amendment No. 6 shall not exceed Eight-Hundred-Twenty-Three Thousand Five-Hundred-Thirty-Two Dollars and Fourteen Cents ($823,532.14) for City Project No. 26-014 (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
7. Execution and Counterparts. This Amendment may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Amendment 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
8. All other terms and conditions of the Agreement shall remain in full force and effect for the Term of the Agreement.
[Signatures on Following Page]
CITY CONTRACT NO. 2023-110, Amendment No. 6 for Task Order No. 6 IN WITNESS WHEREOF, the Parties have caused this Amendment No. 6 to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
PROVOST & PRITCHARD ENGINEERING
GROUP, INC. DBA PROVOST & PRITCHARD
CONSULTING GROUP, a California
corporation
By:
Jeffrey Dorn, Director of Operations
Date
CITY
City of Turlock, a California
municipal corporation
By:
Gary R. Hampton, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
03/04/2026
455 W Fir Ave, Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting
Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID
February 11, 2026
Fred Pezeshk
City of Turlock
156 South Broadway, Suite 150
Turlock, CA 95380
Subject: Engineering, Public Outreach, Environmental Planning and Land Surveying Services for City of Turlock’s Roads Program Task Order No. 6, Turlock, California Dear Fred Pezeshk:
Thank you for the opportunity to submit this proposal to provide engineering, public outreach, environmental planning, and land surveying services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables, and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
PROJECT UNDERSTANDING
We understand that the City of Turlock would like to rehabilitate a portion of the existing Lander Avenue from approximately 8th Street to N Golden State Blvd (roughly 4,300 linear feet of roadway) and evaluate existing skewed intersections along the east side. There are seven identified angled intersections within the project limits:
7
TH Street
C Street
6
th Street
B Street
5
th Street
A Street
4
th Street
We will review these intersections and work with the City of Turlock to provide viable options for improvement. These options will likely include constructing medians to limit turning movements or realigning intersections. According to the City’s General Plan, Lander is designated as a 4 lane arterial roadway with a 16’ wide median, therefore new median islands will be added where feasible. Once an agreed upon solution is chosen, our team will incorporate the improvements into the construction documents.
Any new medians constructed to limit turn movements will include landscaping and irrigation. Existing median landscaping will be improved with automated irrigation systems. Additionally, traffic signal
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 2 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx improvements are needed at the following five intersections, including converting the signals to video detection and modifying pedestrian push buttons:
South Avenue/D Street
High Street/A Street
W Main Street
N Broadway
N Golden State Boulevard
According to the City’s Active Transportation Plan Figure 6-3 and Table 6-1, Lander Avenue is designated to have Class II bike lanes. The existing curb-to-curb width on Lander Avenue allows for limited striping layout options. To help the City decide how to proceed, we will prepare exhibits depicting 2 alternative conceptual striping layouts; one with bike lanes and one without. The construction of this project is roughly expected to cost between approximately $5,200,000 and $6,500,000.
SCOPE OF SERVICES
Our proposed scope of work for this proposal is segregated into several phases, described below.
PHASE ENV: ENVIRONMENTAL (NEPA)
It is our understanding that the City may receive federal funding for the project. The City will prepare California Environmental Quality Act (CEQA) clearance for the project and Provost & Pritchard will complete the Caltrans Preliminary Environmental Study (PES) form. We will submit the PES form to the City for review and submittal to the Caltrans District 10 Office of Local Assistance. We expect the following items will be needed for the PES.
Design Plans/Cross sections
Borrow/Disposal Map
Regional Map
Project Vicinity Map
Photos
CHRIS
NAHC letter
FEMA Map
Wetlands Map
Farmland Map
USFWS iPac List
VIA questionnaire
GeoTracker Printout
We expect Caltrans will review the PES form package and provide a response identifying required technical memos and studies. This phase does not include any potential technical studies but we have included budget for potential memos (Community Impact Assessment, Traffic Memo) if required.
DELIVERABLES
Completed PES form and exhibits.
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 3 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx PHASE SUR: TOPOGRAPHIC SURVEY
Upon approval of the task order we will complete a field topographic survey and right of way verification for the segments of roadway described above.
Capturing horizontal and vertical locations for top of curbs, gutter flow lines, pavement crowns, manhole covers, valve covers, utility covers, striping, and USA markings needed to design and prepare the proposed improvement plans.
Verify existing right-of-way limits with record maps and physical street monuments and prepare a right-of-way basemap suitable for use in the design of the improvements. Dip accessible sewer and storm drain facilities located within the project limits to determine the depth of cover over existing gravity lines.
From the survey data and utility information collected, we will prepare a base drawing in AutoCAD Civil 3D format for use throughout the design process.
Up to 15 days of survey crew time will be required to complete the topographic survey for the entire project and prepare existing basemaps.
DELIVERABLES
Electronic basemap will be submitted to the City.
PHASE MON: PRE/POST CONSTRUCTION RECORD OF SURVEY AND
MONUMENT PRESERVATION
The City has requested Provost & Pritchard include pre/post Construction record of survey and monument
preservation for the project area. Provost & Pritchard will perform the following as part of this task:
Research record monuments within project area.
Field Survey to locate existing monuments.
Set ties to allow for re-establishing any monument destroyed during construction Post-construction field survey to locate all monuments that were existing pre-construction and replace any destroyed monuments
File a post-construction corner record for all monuments that were reset It is assumed that the Contractor will construct monument wells per the city standard. P&P will set the monuments. Our budget includes replacing approximately 20 monuments.
DELIVERABLES
Signed PDF copies of City’s Acknowledgment of Monument Responsibility “Pre-Construction” and Acknowledgment of Monument Responsibility “Post-Construction” and copies of pre-construction and post-construction corner records survey documents filed.
PHASE GEO: GEOTECHNICAL INVESTIGATION
Provost & Pritchard will work with a subconsultant, BSK, to provide needed geotechnical information. BSK’s drilling program will include a total of eight (8) cores/borings to 3 to 5 feet beneath the existing ground surface (bgs), or until auger refusal, in the roadway pavement. Pavement cores will be taken at each boring. We will measure the existing pavement section to within the nearest
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 4 of 12 Job No.: 25-847
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Minus 200 Wash
R-value testing
Corrosion potential (pH, soluble sulfates, and soluble chlorides) In-situ moisture content and Dry density
Soil cement mix design
Based on the results of the field exploration and laboratory testing program, engineering analyses will be performed to evaluate site conditions and develop recommendations for site preparation procedures and engineering parameters for the proposed construction. Specifically, the report will incorporate the following items:
Vicinity Map and Site Plan with boring locations
Subsurface conditions, soil boring logs, depth to groundwater (if encountered) Summary of laboratory test results
Corrosion characteristics of on-site soils
Recommendations for site preparation, and earthwork
Requirements for imported fill materials
Recommendations for site drainage
Recommendations for construction observations and testing and excavation suitability Recommendations for conventional pavement section with asphalt concrete and Class II aggregate base
Core information: AC and AB section thickness and thickness of other pavement materials encountered
Recommendations for alternative pavement sections including recommendations for full-depth reclamation with cement (FDR-C), conventional pavement sections with the use of geogrid, and full-depth HMA.
The geotechnical report will be prepared under the supervision of, and signed by, a California Licensed Geotechnical Engineer.
A City of Turlock encroachment permit will be secured prior to drilling and is anticipated to be provided without a fee. No other permits will be required. Borings will require a lane closure and traffic control will be limited to flagging operations.
DELIVERABLES
Geotechnical report will be submitted to the City in PDF format.
PHASE UTL: UTILITY LOCATING
Provost & Pritchard expects to work with a subconsultant, MDR Utility Locating Specialists, to provide utility locating services. MDR will use ground penetrating radar (GPR) to locate existing underground utilities along the length of the project.
DELIVERABLES
Summary of utility locating findings will be submitted to the City in PDF format.
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 5 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx PHASE RRD: RAILROAD COORDINATION
It is our understanding that the limits of this project encroach into Union Pacific-owned railroad tracks at three identified locations. Under this phase, P&P will coordinate with Union Pacific to obtain any necessary encroachment authorization.
This phase does not account for any additional design required as a result of railroad communication and changes to the design by the railroad company will require an amendment to the scope.
PHASE TRAF: TRAFFIC STUDY
Provost & Pritchard will prepare a traffic analysis of options for intersection configurations through the corridor. Specific tasks for the traffic analysis are presented below:
Eight intersections along the corridor will be included in the study:
D Street
7th Street
C Street
6
th Street
B Street
5
th Street
A Street
4
th Street
Obtain turn movement counts at the eight intersections listed above, and ADT counts at two locations along Lander Avenue:
Between Bernell Avenue and D Street
Between Main Street and Columbia Avenue.
Determine alternative configurations of intersections to analyze. Prepare cumulative trip generation calculations for known potential uses. Prepare trip distribution for alternative configurations of intersections. Assume three alternative scenarios.
Prepare level of service (LOS) analysis for each alternative and summarize results in a comparison table
Coordinate with the City to determine the final configuration of intersections and roadway through the corridor based on LOS analysis.
Prepare summary writeup of the investigation, including LOS analysis and recommended configuration of the roadway facilities.
DELIVERABLES
Traffic Study summarizing the findings and recommendations in PDF format.
PHASE DR: DRAINAGE STUDY
Provost and Pritchard will review available stormwater plats and record drawings provided by the City to develop an understanding of the existing drainage patterns and facilities. After mapping the existing facilities, we will analyze the drainage patterns based on existing conditions and identify any drainage or ponding issues. Provost and Pritchard will make recommendations to the City as to how to improve drainage within the project area. We will then meet with the City to review the existing facilities,
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 6 of 12 Job No.: 25-847
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DELIVERABLES
Plan view only stormwater exhibits will be submitted to the City in PDF format.
PHASE SD: SCHEMATIC DESIGN
35% PLANS AND ESTIMATE
Upon approval of the task order, we will conduct utility research and identify potential conflicts with record utilities. The City has provided plats and record drawings for their utilities. The utility information collected will be shown on an existing basemap prepared for the project. We will prepare schematic design exhibits (assumed 2 iterations) for the seven (7) identified prospective intersections requiring improvements.
We will prepare a schematic design set of plans for the project. We anticipate that our 35% plan set will include the following sheets:
o Cover Sheet
o General Notes and Legend Sheet
o Street Plan Sheets (1”=20’ plan and profile view)
o Curb Ramp Detail Sheets (1”=5’)
o Landscape Plan Sheets (1”=20’ double plan view)
o Signing and Striping Sheets (1”=20’ double plan view) o Traffic Control Plan Sheets (1”=40’)
Prepare Preliminary Engineer’s Opinion of Probable Construction Cost (EOPCC) Improvements will be entirely within existing right-of-way, and no additional right-of-way (ROW) acquisition will be required. If improvements are required to extend outside of existing ROW, we will prepare a ROW acquisition exhibit, and the City will acquire any required ROW and/or Temporary Construction Easements (TCEs).
Prepare Utility Relocation notification letters and Utility Relocation Exhibits. Any required utility relocation design will be provided by the utility companies. A review of existing street lighting will be conducted within project limits to determine if existing street lighting meets City Standards and identify if any additional lighting is needed. Street lighting design/plans are not included as part of this scope. The City will be provided a list of locations where deficiencies are found.
Once the documents above are complete, we will attend an in-person design review meeting with the City to discuss our 35% design. This will ensure that we are proceeding in accordance with the City’s direction before we begin preparing the construction documents.
DELIVERABLES
The 35% plans, EOPCC and additional exhibits listed above will be submitted to the City in PDF format only.
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 7 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx PHASE PO: PUBLIC OUTREACH
The City has requested P&P conduct public outreach to involve stakeholders at key milestones during the project design. Activities will include developing community meeting promotional material, educational project resources, public meeting materials, and planning and facilitating two community meetings. The first community meeting will solicit feedback on 35% schematic design, and the second will solicit feedback on the 95% design. The P&P team will prepare reports of public outreach activities including of any feedback, comments, or concerns expressed by stakeholders during the involvement process.
The public outreach effort will include:
Plan and facilitate two (2) community meetings to be held at the City’s Council Chambers. Includes one planning meeting per community meeting (2 total meetings) to coordinate logistics, strategize community meeting approach, assign roles, and develop content outline.
Includes one dry run meeting per community meeting (2 total dry runs) to run through final community meeting details and the PowerPoint presentation, as well as Q&A preparation.
Day-of community meeting support including bringing all print materials, refreshments, early arrival for set-up, and comment/question card facilitation. Provide simultaneous Spanish interpretation services at both community meetings. Edit community meeting recordings and deliver final edited video file for posting to the City’s YouTube channel.
Prepare community meeting materials.
Up to four (4) posterboards per community meeting (8 total posterboards) including project exhibits/schematic designs to convey project concepts and to facilitate public interaction and feedback.
Develop content and format/design PowerPoint slides.
Design a public comment card, community meeting agenda, and sign-in sheets. Design road signage and outdoor public meeting sign to guide attendees to the community meeting location.
Design and prepare community meeting promotional materials. Design community meeting flyers for each community meeting (2) for City staff to distribute to its stakeholders and the public.
Design community meeting invitational social media graphics and draft captions for each community meeting (2) for posting to City platforms.
Write press release and distribute to relevant local media outlets to promote each community meeting (2 press releases).
Prepare public outreach reports.
Establish a public comment/feedback tracker for logging public input and any follow-up action throughout the project.
Prepare report summarizing public outreach efforts after each community meeting, including any relevant statistics and a summary of public comments, feedback, and concerns.
After each community outreach meeting, we will provide a similar presentation to the City Council.
DELIVERABLES
Community meeting PowerPoint slides, PDF and USB drive at the community meeting
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 8 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx Community meeting materials, PDF and hard copies at the community meeting o Schematic posterboards (up to 8 total)
o Road Signage
o Outdoor Easel Signage
o Sign-in sheet, agenda, comment card
Community meeting recordings
Promotional flyers (2), PDF
Social Media Graphics (2), PDF or image file
Press Releases (2), PDF
Public Outreach Reports (2), PDF
PHASE DD: DESIGN DEVELOPMENT
PREPARE 65% CONSTRUCTION DOCUMENTS
Based on input received from City staff through the Schematic Design Phase, the design team will commence with engineering design and preparation of the construction documents to the 65% level.
Our 65% submittal will include:
65% Front End and Technical Specifications
65% Construction Plans, expected to include:
o Cover Sheet
o General Notes and Legend Sheet
o Street Plan Sheets (1”=20’ plan and profile view)
o Curb Ramp Detail Sheets (1”=5’)
o Typical Cross Section sheets
o Miscellaneous Detail sheets
o City Standard Detail Sheet
o Storm Drain Plan Sheets (1”=20’ Plan and Profile)
o Landscape Plan Sheets (1”=20’ double plan view)
o Signing and Striping Sheets (1”=20’ double plan view) o Traffic Control Plan Sheets (1”=40’)
Revised Preliminary Engineer’s Opinion of Probable Construction Costs. Revised Utility Relocation Exhibits per Utility Company’s comments.
We will attend an in-person design review meeting with City staff to discuss our 65% construction documents.
DELIVERABLES
The 65% plans, specifications and EOPCC listed above will be submitted to the City in PDF format only.
PHASE CD: CONSTRUCTION DOCUMENTS
PREPARE 95% CONSTRUCTION DOCUMENTS
We will incorporate comments from the 95% plan review and feedback from City staff as we prepare our Final construction documents.
Our 95% submittal will include:
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 9 of 12 Job No.: 25-847
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Engineer’s opinion of probable construction costs
PREPARE FINAL CONSTRUCTION DOCUMENTS
We will incorporate comments from the 95% plan review and feedback from City staff as we prepare our Final Construction Documents.
Our Final Construction Documents submittal will include:
Final Construction Plans (expected plan set as noted above) Final Specifications
Engineer’s opinion of probable construction costs
DELIVERABLES
The plans, specifications and EOPCC listed above will be submitted to the City in PDF format only.
PHASE ELEC: ELECTRIC DESIGN
New medians constructed with the project will be landscaped and there are existing, landscaped medians at various locations along the project with irrigation that is operated manually. We will include automated irrigation systems for both new and existing landscaping. Determine locations for providing power to irrigation system. Determine irrigation equipment to use (assume Rain Bird for basis of design). Calculate voltage drop for long runs to select conductor. Coordinate with utility company to provide adequate power.
It is assumed that electrical plans will be submitted as part of the 65%, 95% and final Issue for Construction release.
DELIVERABLES
Electric/irrigation design will be incorporated into the Landscape Plan sheets and submitted as part of the 65% Construction Plans.
PHASE BID: BIDDING ASSISTANCE
P&P will perform the following services to assist the City during the bidding phase of the project:
Assist City in responding to requests for information and preparing addenda, if necessary. City will conduct bid process. Our attendance at pre-bid meeting and bid opening will not be required.
PHASE CON: ENGINEERING SERVICES DURING CONSTRUCTION
P&P will perform the following services to assist the City during the construction phase of the project:
Attend pre-construction conference
Assist City with review of shop drawings and submittals
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 10 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx Provide interpretation and clarification of construction documents during construction in response to requests for information from the contractor Assist City with review and provide technical information for construction contract change order requests if necessary
Conduct up to two site visits at intervals appropriate to the state of construction Prepare record drawings based on contractor’s as-built drawings.
ASSUMPTIONS
1. All scribed paint markings associated with requesting Underground Service Alert would not be required to be removed.
2. The City will prepare all necessary CEQA clearance documents for the project.
3. The City will pay all permit fees, if required.
4. Provost & Pritchard CAD standards and title block will be used for the design of this project.
Provost & Pritchard’s current CAD version will be used.
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 11 of 12 Job No.: 25-847
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PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services on a time and materials basis for the fees shown in the table below and on the attached cost proposal. These fees will be invoiced monthly as they are accrued. Reimbursable expenses will be invoiced in addition to professional fees and are included in the estimated fees below. We will not continue to work beyond the authorized budget without additional authorization. Below is a summary of proposed fees.
PROPOSED FEE – LANDER AVE
PHASE ESTIMATED FEE
ENVIRONMENTAL
Phase ENV – Environmental (NEPA) $24,828
SUBTOTAL= $24,828
PRELIMINARY ENGINEERING
Phase SUR – Topographic Survey $50,560
Phase MON – Monument Preservation $18,244
Phase GEO – Geotechnical Investigation $24,600
Phase UTL – Utility Locating $50,000
Phase RRD – Railroad Coordination $13,369
Phase TRAF – Traffic Study $24,590
Phase DR – Drainage Study $18,402
Phase SD – Schematic Design $199,123
SUBTOTAL = $398,887
PUBLIC OUTREACH
Phase PO – Public Outreach $49,312
SUBTOTAL= $49,312
DESIGN DEVELOPMENT
Phase DD – 65% PS&E $146,170
SUBTOTAL= $146,170
CONSTRUCTION DOCUMENTS
Phase CD – 95% PS&E $109,763
Phase FD – 100% PS&E $41,021
Phase ELEC – Electric Design $18,668
SUBTOTAL = $169,452
BIDDING AND CONSTRUCTION
Phase BID – Bid Support $9,261
Phase CON – Construction Support $25,629
SUBTOTAL = $34,891
TOTAL ESTIMATED FEE $823,532.14
The line items shown above are estimates and are not intended to limit billings for any given Task. Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the City, we will prepare a revised estimate of our fees for your approval before we proceed.
City of Turlock February 11, 2026
City of Turlock Roads Program Task Order No. 6 Page 12 of 12 Job No.: 25-847
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/2b45b822-85d3-4213-a2cf5d39981bb592/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_31.ppeng.egnyte.com/Proposal-Turlock Lander Ave.docx We appreciate the opportunity to submit this proposal and we look forward to working with the City of Turlock on Lander Avenue Rehabilitation.
SCHEDULE
Once we receive a signed contract and are authorized to proceed, we will plan to proceed with the project in accordance with the attached schedule. Agency review time is outside of our control and any review time beyond the review times shown will delay the tasks that follow.
Sincerely Yours,
Provost & Pritchard Consulting Group
Jeff S Dorn
RCE 76749, TE 2945
Director of Operations
LANDER AVE
9TH ST
8TH ST
7TH ST
6TH ST
5TH ST
4TH ST
3RD ST
N BROADWAY
N 1ST ST
N GOLDEN STATE BLVD
W F ST
D ST
C ST
B ST
A ST
W MAIN ST
BERNELL AVE
SOUTH AVE
VERMONT AVE
ANGELUS ST
CASTOR ST
HIGH ST
COLUMBIA AVE
W MAIN ST
W OLIVE AVE
W OLIVE AVE BETHANY AVE S ORANGE ST
S BROADWAYLOCUST ST S LAUREL ST RE-OPEN LEFT TURN LANE REVIEW R.O.W. REVISE RIGHT TURN LANE TRANSITIONREMOVE SOUTHBOUND LEFT TURN ACCESS HERE ACTIVE RAILROAD INACTIVE RAILROAD www.provostandpritchard.com DATE: OF DESIGN ENGINEER: JOB NO:
2/9/2026 9:49 PM I:\Marketing\Proposals\2025\City of Turlock - Lander Avenue-8th to Golden State 25-847\CAD\Lander Project Map.dwg -Kylie Freitas LANDER AVENUE IMPROVEMENTS CITY OF TURLOCK STANISLAUS COUNTY PROJECT MAP JSD DEC. 2025 25-847 1 1 0 100 200 400 SCALE IN FEET LEGEND PAVEMENT IMPROVEMENTS PROSPECTIVE INTERSECTION IMPROVEMENTS RECONSTRUCTED UNDER CITY PROJECT 21-018 NEW CURB RAMP PROSPECTIVE CURB RAMP EXISTING NEWLY CONSTRUCTED CURB RAMP NEW VIDEO DETECTION
Wednesday, September 23, 2026 Community Outreach Meeting Tuesday, October 13, 2026 City Council Meeting
Wednesday, April 13, 2027 Community Outreach Meeting
Tuesday, April 27, 2027 City Council Meeting
City of Turlock
Task Order No. 6
Project Schedule
Task Begin End
Duration
(Weeks)
Duration
(Cal Days)
Phase SUR - Topographic Survey 3/11/26 4/22/26 6 42
Phase MON - Record of Survey & Monument Pres. 3/11/26 4/15/26 5 35 Phase GEO - Geotechnical Investigation 7/29/26 8/26/26 4 28 Phase TRAF - Traffic Study 3/25/26 6/17/26 12 84
Phase DR - Drainage Study 4/22/26 6/3/26 6 42
Phase SD - 35% PS&E 6/3/26 8/26/26 12 84
City Review - 35% PS&E 8/26/26 9/9/26 2 14
Community Outreach - 35% PS&E 9/9/26 9/23/26 2 14
City Council - 35% PS&E 9/23/26 10/13/26 3 20
Phase DD - 65% Design Development 10/13/26 12/22/26 10 70 City Review - 65% Design Development 12/22/26 1/5/27 2 14 Phase CD - 95% PS&E 1/5/27 3/16/27 10 70
City Review - 95% Construction Documents 3/16/27 3/30/27 2 14 Community Outreach - 95% Construction Documents 3/30/27 4/13/27 2 14 City Council - 95% Construction Documents 4/13/27 4/27/27 2 14 Phase FD - 100% PS&E 4/27/27 6/8/27 6 42
JEFFREY DORN, PE, TE
Project Manager
MICHAEL OSBORN, PE, CASp, LEED-AP
QA/QC
JEFFREY DORN, PE, TE
PROJECT MANAGER
Jeff Dorn has more than 20 years of professional experience, currently serving as Principal Engineer. With licenses in both civil and traffic engineering, his experience has been focused on transportation infrastructure design and providing ongoing consulting services for various public agencies. Jeff’s design experience includes the design of all types of surface transportation including roads, ADA-accessible sidewalks and curb ramps, bike/ pedestrian trail design, all classes of bikeways, and related work such as right-of-way acquisition, utility relocation, and storm water drainage design. His experience also includes grant writing, engineering report writing, front end and technical specifications, cost estimating, project management, and coordination with railroads, Caltrans, and other public agencies and utility companies.
MICHAEL OSBORN, PE, LEED-AP
QUALITY ASSURANCE / QUALITY CONTROL
Michael Osborn is a senior engineer at Provost & Pritchard. With over 20 years of engineering experience, Mr. Osborn has been involved in a variety of public works, residential and commercial development, and educational facility projects. His areas of expertise include site grading design, Americans with Disabilities Act (ADA) site accessibility design and assessment, stormwater management, storm drainage, sanitary sewer systems design, street design, and site development.
JASON STAICER, PE
LEAD ENGINEER
Jason Staicer is an Associate Engineer with Provost & Pritchard.
With over 12 of professional experience, he has been primarily focused on municipal engineering, with successful projects involving roadway design, pavement management, road
widening, storm and wastewater collection, utility coordination, and accessibility considerations. He is also experienced with commercial land development, hydrology and hydraulics studies, and subdivision design.
THOMAS HARDY, EIT
PROJECT DESIGNER
Thomas Hardy has more than six years of professional experience, currently serving as Assistant Engineer. Thomas has an advanced proficiency in AutoDesk Civil 3D, including Vehicle Tracking, Pipe and Gravity Networks, Earthwork Analysis, Corridor Modeling, and Site Grading. He develops detailed plans, specifications, estimates, and design calculations for transportation and infrastructure projects while ensuring accuracy, efficiency, and compliance with engineering standards. Experienced in traffic modeling and simulation, he utilizes Synchro to optimize intersections, roundabouts, and interchanges, and applies data analysis to inform design improvements. Thomas also provides quality control reviews, guides internal design teams, and coordinates with interdisciplinary partners to deliver precise, reliable, and cost-effective engineering solutions.
BRYAN BOWERS, PLS
SURVEYOR
Bryan Bowers has more than 23 years of professional experience, currently serving as Licensed Surveyor. He has been involved with the supervision, planning, and execution of geodetic and conventional control surveys, topographic surveys, subdivision mapping, boundary surveys, subsidence monitoring, UAV
observation surveys, American Land Title Association/National Society of Professional Surveyors (ALTA/NSPS) surveys, boundary analysis/legal descriptions and construction staking.
CARRIE L. RODRIGUEZ, PE, GE
PRINCIPAL/GEOTECHNICAL GROUP MANAGER
Ms. Carrie Rodriguez is a licensed Geotechnical Engineer in the State of California with over 25 years of geotechnical and materials testing experience. She is responsible for managing and conducting geotechnical investigations including developing scope of work and budget, site reconnaissance, field classification of soils, sampling, design, and report preparation and review. Her design experience includes bridges, retaining walls, sound walls, roadway embankments, and pavement structural sections. She also manages field inspection and testing, data analysis, laboratory testing and construction special inspections.
JASON STAICER, PE
Lead Engineer
THOMAS HARDY, EIT
Project Designer
BRYAN BOWERS, PLS
Surveyor
CARRIE L. RODRIGUEZ, PE, GE
Geotechnical (BSK)
Roads Program - Task Order No. 6
KEY STAFF
691 N Laverne Avenue, Suite 101
Fresno, CA 93727
P 559.497.2880
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company Sent via email: [email protected]
January 21, 2026 BSK Proposal G26000042
Kylie Freitas, EIT
Provost & Pritchard Consulting Group
400 E Main Street, Suite 300
Visalia, California 93291
SUBJECT: Proposal for Geotechnical Engineering Investigation Street Rehabilitation
Lander Avenue Between 1st and 8th Street
Turlock, California
Dear Ms. Freitas:
At your request, BSK Associates is pleased to submit this proposal for the preparation of a Geotechnical Engineering Investigation Report for the proposed roadway improvements in Turlock, California. Our current understanding of the project, scope of services, schedules, fees and references for our services is provided below. We understand the project will be subject to prevailing wages as determined by California Director of Industrial Relations (DIR).
PROJECT UNDERSTANDING AND BACKGROUND
Based on email correspondence from you on January 9. 2026, BSK understands that the project will encompass improvements along Lander Avenue between N Golden State Blvd and about 100 feet south of 8
th Street (approximately 4,140 linear feet) with minimal improvements to some side streets. The improvements are anticipated to include new pavement, repair or remove/replace curb, gutter and sidewalk, ADA ramps, driveway, and drainage improvements.
SCOPE OF SERVICES
The objective of the geotechnical investigation is to assess soil conditions and to provide geotechnical engineering recommendations for the use by the project designers in preparation of the plans and specifications for the project. Based upon the above project understanding, BSK proposes the following scope of services, which will generally include a field exploration, laboratory testing program, engineering analyses, and report preparation.
Proposal for Geotechnical Engineering Investigation BSK Proposal G26000042 Street Rehabilitation – Lander Avenue January 21, 2026
Turlock, California Page 2
Field Exploration
Our proposed drilling program will include a total of eight (8) cores/borings to 3 to 5 feet beneath the existing ground surface (bgs), or until auger refusal, in the roadway pavement. Pavement cores will be taken at each boring. We will measure the existing pavement section to within the nearest ½ inch and obtain bulk soil samples of the near surface soil at each location to analyze for new pavement design.
We will backfill each boring hole with soil cuttings or base rock, and cap with asphalt cold patch or quick setting concrete tinted black.
Test borings will be drilled using a diamond bit core barrel, and manually operated auger equipment.
The sampling of bulk and intact soil specimens for purposes of laboratory testing, and visually classifying soils exposed during the drilling process will be provided by a BSK Geologist or Engineer.
In order for BSK to complete the field investigation as described above, the project site must be readily accessible. Access limitations due to existing improvements may result in time delays and/or additional charges.
An arrangement to identify underground utilities is necessary prior to our field exploration. Prior to commencement of drilling operations, a BSK representative will visit the site to mark the test boring locations, evaluate site accessibility, and contact Underground Service Alert (USA) to determine if any of the test borings may conflict with underground utilities. BSK will not be responsible for damage to underground utilities or other installations unless they are accurately marked on the ground surface and on plans made available to us prior to beginning of field operations. If requested, BSK may subcontract a private utility locator for an additional fee.
An encroachment permit with the City of Turlock will be secured prior to drilling. Permit fees are anticipated to be waived. It is understood no other permits will be required.
It is anticipated borings will require a lane closure, and traffic control will be provided by a subcontractor, including general traffic control plans.
Laboratory Testing
The laboratory testing program will incorporate physical and chemical tests to evaluate the percent passing the 200 gradation, R-value, corrosion potential (pH, soluble sulfates, and soluble chlorides), insitu moisture content and dry density, and soil cement mix design.
To aid in design of full depth reclamation, we will obtain bulk samples of the near surface soil and mix the soil with cement, and then conduct a compression test on the samples after 7 days. Three cement contents will be tested, with three samples at each percentage.
Proposal for Geotechnical Engineering Investigation BSK Proposal G26000042 Street Rehabilitation – Lander Avenue January 21, 2026
Turlock, California Page 3
Geotechnical Analysis and Report Preparation
Based on the results of the field exploration and laboratory testing program, engineering analyses will be performed to evaluate site conditions and develop recommendations for site preparation procedures and engineering parameters for the proposed construction. Specifically, the report will incorporate the following items:
• Vicinity Map and Site Plan with boring locations
• Subsurface conditions, soil boring logs, depth to groundwater (if encountered) • Summary of laboratory test results
• Corrosion characteristics of on-site soils
• Recommendations for site preparation, and earthwork
• Requirements for imported fill materials
• Recommendations for site drainage
• Recommendations for construction observations and testing and excavation suitability • Recommendations for conventional pavement section with asphalt concrete and Class II aggregate base
• Core information: AC and AB section thickness and thickness of other pavement materials encountered
• Recommendations for alternative pavement sections including recommendations for full-depth reclamation with cement (FDR-C), conventional pavement sections with the use of geogrid, and full-depth HMA.
The geotechnical report will be prepared under the supervision of, and signed by, a California Licensed Geotechnical Engineer.
SCHEDULE
Work on this project will begin immediately upon receipt of your authorization to proceed with submittal of permit applications (as applicable), preparation of a Work Plan and field marking of our borehole locations for USA. We anticipate mobilizing for our geotechnical investigation within two (2) weeks of receiving notice to proceed, pending site access, encroachment permits, weather conditions and drill rig availability. We anticipate that drilling will be completed within one (1) working day and our laboratory testing program to be completed within three (3) weeks following completion of our field work. Our written report will be submitted within two (2) weeks following the completion of our laboratory testing program. Preliminary design recommendations may be provided prior to finalizing the report, as requested.
Proposal for Geotechnical Engineering Investigation BSK Proposal G26000042 Street Rehabilitation – Lander Avenue January 21, 2026
Turlock, California Page 4
FEES
Fees for our services will be charged on a Time and Materials basis. Our fee will be invoiced monthly.
For the scope of services outlined in this proposal, our fee, approximately broken down by task, will be as follows:
Estimated Fee
Site Reconnaissance, Encroachment Permit Application,
Utility Marking
$ 2,500
Field Exploration (includes 8 borings) $ 9,900
Laboratory Testing
(Includes one (1) FDR and two (2) R-Values)
$ 5,600
Engineering Analysis and Report Preparation $ 3,600
Estimated Fee $21,600
Optional: Private Utility Locator
Initial here if desired: _________
$ 3,000
Our fee applies to work commenced within 60 days of this proposal. The fees presented in this proposal are based on prompt payment for services presented in our standard invoicing format. Additional charges will be applied for specializing invoicing if backup documentation is needed. These special services will be charged on a time and expenses basis. Late fees will be charged if payment is not received in accordance with terms contained in our contract.
PROPOSAL ASSUMPTIONS
A detailed cost estimate for performing the required testing and inspection services during construction will be provided after the project plans and specifications are completed. This proposal and cost estimate were prepared based on the following assumptions:
• Provost & Pritchard Consulting Group will provide to BSK Associates, prior to mobilization, legal right of entry to the site (and other areas if required) to conduct the scope of services • Provost & Pritchard Consulting Group will notify BSK Associates, prior to mobilization, of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g. hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.).
• Work can be performed during normal business hours (Monday through Friday, 7:00am to 7:00pm).
• Excess soil cuttings will be removed from the site.
• Prevailing wages apply. DIR Project ID will be provided prior to start of work. • Encroachment permits will be provided at no fee.
Proposal for Geotechnical Engineering Investigation BSK Proposal G26000042 Street Rehabilitation – Lander Avenue January 21, 2026
Turlock, California Page 5
• Project meetings/conference calls, plan reviews, response to Agency review comments and construction services are not included in our estimate, but can be provided on request on a “time and materials” basis.
• BSK will retain soil samples for a maximum of sixty (60) days.
Please contact us immediately if you are aware of any inaccuracies in these assumptions and conditions, so we may revise the proposal or fee.
GENERAL CONDITIONS AND AGREEMENT
We understand that if this proposal is acceptable to the Client, an agreement for Professional Services will be sent to BSK and this proposal will be incorporated as an exhibit. Please note, if changes occur in the design of this project, BSK must be notified in writing and given an opportunity to revise our scope of work, if necessary.
CLOSING
BSK appreciates the opportunity to submit this proposal to you and we look forward to working with you on this project. Please contact the undersigned at [email protected] or (559) 278-2880, extension 516 if you have questions.
Respectfully submitted,
BSK Associates
Tolleman Gorham, PE Carrie Rodriguez, PE, GE
Project Engineer I Geotechnical Group Manager
CE 96089 GE 3016
PROPOSAL FOR CITY OF TURLOCK ROADS PROGRAM TASK ORDER 6 Estimated Staffing Plan and Cost Breakdown
Principal
Engineer
Senior
Engineer
Assistant
Engineer
Admin
Assistant
Assistant
Engineer
Assistant
Planner
Assistant
Specialist
Associate
Engineer
Associate
Planner
Associate
Specialist
Associate
Technician
Senior
Electrical
Engineer
Principal
Engineer
Principal
Planner
Project
Admin
Senior
Project
Admin
Senior
Engineer
Senior
Specialist
Senior
Technician
Assistant
Electrical
Engineer
Intern Licensed
Surveyor
1 man
survey
2 man
survey
Assistant
Surveyor
Assistant
Technician
Dorn_J Staicer_J Hardy_T 1 man
survey
2 man
survey
Total
Hours
Mileage Expenses
Subtotal
Labor
Total Fee
TASK $241.60 $186.57 $131.54 $62.41 $106.71 $88.59 $80.53 $158.38 $116.77 $131.54 $108.72 $222.81 $244.12 $171.81 $80.53 $104.69 $214.76 $171.81 $141.61 $142.28 $56.37 $181.20 $259.27 $259.27 $107.38 $85.23 0.725 Phase ENV
1 NEPA PES Form & Exhibits 86 64 20 28 198 - $24,828 $24,828 Phase SUR
1 Topo Survey & Verify ROW 172 10 8 52 38 38 318 2090 1,515.25 $49,044 $50,560 Phase MON
1 Office Prep, Research 20 20 - $2,832 $2,832
2 Pre-Con Field Work 8 10 3 3 24 380 275.50 $4,303 $4,579 3 Pre-Con Corner Record 18 3 3 24 - $3,127 $3,127
4 Post-Con Field Work 8 10 3 3 24 380 275.50 $4,303 $4,579 5 Post-Con Corner Record 18 3 3 24 - $3,127 $3,127
Phase GEO
1 Geotechnical Investigation 0 24,600.00 $0 $24,600
Phase UTL
1 GPR Existing Utilities 0 50,000.00 $0 $50,000
Phase RRD
1 Railroad Coordination 8 12 48 24 4 96 - $13,369 $13,369 Phase TRAF
1 Traffic Study 100 22 10 26 158 3,000.00 $21,590 $24,590 Phase DR
1 Review Existing Documents 12 32 16 60 - $7,393 $7,393 2 Site Visit 6 6 12 - $2,569 $2,569
3 Prepare Drainage Report 8 12 40 60 - $8,440 $8,440
Phase SD
1 Kickoff Meeting 2 2 2 2 2 2 2 14 - $1,995 $1,995
2 Drawing Set Up 4 32 36 - $5,058 $5,058
3 Utlity Research & Potholing 4 4 8 8 24 - $3,409 $3,409 4 Basemap Review, Coord, Set up 4 4 20 40 68 - $10,008 $10,008 5 Project Management 32 40 40 112 - $21,529 $21,529
6 Intersection Exhibits 4 16 30 60 30 140 - $17,562 $17,562 7 35% Plans 40 60 248 240 60 100 40 40 828 - $107,385 $107,385 8 35% Design Review Meeting 8 8 8 24 180 130.50 $4,478 $4,608 9 Preliminary EOPCC 4 8 12 24 48 - $6,598 $6,598
10 Community Meeting 12 12 4 8 4 40 - $6,953 $6,953
11 Council Meeting 12 12 4 8 4 40 - $6,953 $6,953
12 Utility Relocation Letters & Exhibits 2 4 20 24 8 58 - $7,066 $7,066 Phase PO
1 Public Outreach 24 40 4 8 140 60 80 356 3,550.00 $45,762 $49,312 Phase DD
1 65% Front End & Tech Specs 40 20 12 72 - $14,362 $14,362 2 65% Plans 40 100 120 410 80 96 12 80 938 - $117,173 $117,173 3 65% Design Review Meeting 8 8 8 24 180 130.50 $4,478 $4,608 4 Preliminary EOPCC 4 6 12 24 46 - $6,225 $6,225
5 Utility Relocation Letters & Exhibits 2 24 2 28 - $3,801 $3,801 Phase CD
1 95% Front End & Tech Specs 24 12 12 48 - $9,004 $9,004 2 95% Plans 40 100 120 260 60 40 620 - $80,628 $80,628
3 Preliminary EOPCC 4 6 12 24 46 - $6,225 $6,225
4 Community Meeting 12 12 4 8 4 40 - $6,953 $6,953
5 Council Meeting 12 12 4 8 4 40 - $6,953 $6,953
Phase FD
1 Final Front End & Tech Specs 16 12 12 40 - $7,071 $7,071 2 Final Plans 12 8 64 64 64 20 232 - $27,725 $27,725
3 Final EOPCC 4 6 12 24 46 - $6,225 $6,225
Phase ELEC
1 Electrical Plans 30 30 48 108 - $18,668 $18,668
Phase BID
1 Bidding Assistance 12 20 20 52 - $9,261 $9,261
Phase CON
1 Construction Support 24 24 40 12 100 - $16,504 $16,504 2 Site Visits (x2) 12 12 24 360 261.00 $4,478 $4,739
3 Record Drawings 2 4 24 30 - $4,386 $4,386
Total units 438 602 884 4 1384 8 140 180 86 86 444 30 10 20 72 28 26 110 370 48 180 10 8 72 50 50 5,340 3570 $83,738 Total $ $105,821 $112,315 ####### $250 $147,687 $709 $11,274 $28,508 $10,042 $11,312 $48,272 $6,684 $2,441 $3,436 $5,798 $2,931 $5,584 $18,899 $52,396 $6,829 $10,147 $1,812 $2,074 $18,667 $5,369 $4,262 $83,738 $739,801 $823,532.14
Local Assistance Procedures Manual EXHIBIT 10-H1
PAGE 1
Prime Consultant Subconsultant
Consultant:
Project No. Contract No. Date: 2/11/2026
Direct Labor
Hours Actual Hourly Rate Total
Principal Engineer Jeff Dorn 438 $ 90.00 $ 39,420.00
Senior Engineer Jason Stacier 602 $ 69.50 $ 41,839.00
Assistant Engineer Thomas Hardy 884 $ 49.00 $ 43,316.00 Administrative Assistant 4 $ 23.25 $ 93.00
Assistant Electrical Engineer 48 $ 53.00 $ 2,544.00
Assistant Engineer 1384 $ 39.75 $ 55,014.00
Assistant Planner 8 $ 33.00 $ 264.00
Assistant Specialist 140 $ 30.00 $ 4,200.00
Assistant Surveyor 50 $ 40.00 $ 2,000.00
Assistant Technician 50 $ 31.75 $ 1,587.50
Associate Engineer 180 $ 59.00 $ 10,620.00
Associate Planner 86 $ 43.50 $ 3,741.00
Associate Specialist 86 $ 49.00 $ 4,214.00
Associate Technician 444 $ 40.50 $ 17,982.00
Intern 180 $ 21.00 $ 3,780.00
Licensed Surveyor 10 $ 67.50 $ 675.00
Principal Engineer 10 $ 90.94 $ 909.40
Principal Planner 20 $ 64.00 $ 1,280.00
Project Administrator 72 $ 30.00 $ 2,160.00
Senior Electrical Engineer 30 $ 83.00 $ 2,490.00
Senior Engineer 26 $ 80.00 $ 2,080.00
Senior Project Administrator 28 $ 39.00 $ 1,092.00
Senior Specialist 110 $ 64.00 $ 7,040.00
Senior Technician 370 $ 52.75 $ 19,517.50
1 Man Survey Crew 8 $ 96.58 $ 772.64
2 Man Survey Crew 72 $ 96.58 $ 6,953.76
5,340.0 $ 275,584.80
LABOR COSTS
a) Subtotal Direct Labor Costs $ 275,584.80
b) Anticipated Salary Increases $ -
c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 275,584.80
INDIRECT COSTS
d) Fringe Benefits (Rate): 52.23% e) Total Fringe Benefits [(c) × (d)] $ 143,932.43 f) Overhead (Rate): 64.09% g) Overhead [(c) × (f)] $ 176,611.27 h) 27.73% i) Gen & Admin [(c) × (h)] $ 76,411.40
j) TOTAL INDIRECT COSTS [(e) +(g) + (i)] $ 396,955.10
FIXED FEE
p) (Rate): 10.0% k) $ 67,253.99
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit(s) Unit Cost Total
3570 0.725 $ 2,588.25
$ 1,550.00
$ 2,000.00
$ 50,000.00
$ 3,000.00
l) TOTAL OTHER DIRECT COSTS $ 59,138.25
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: $ 24,600.00
Subconsultant 2: $ -
Subconsultant 3: $ -
Subconsultant 4: $ -
m) TOTAL SUBCONSULTANT' COSTS $ 24,600.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $ 83,738.25 TOTAL COST [(c) + (j) + (k) + (n)] $ 823,532.14
NOTES:
1. 2.
3. Traffic Counts
BSK Geotechnical Engineering Services
Description
Note: Mark-ups are Not Allowed
Provost & Pritchard Consulting Group
2nd Tier Subconsultant
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Interpretor
Utility Location Services
Mileage Costs
Public Workshop Materials
Anticipated salary increases calculations (page 2) must accompany.
Key personnel must be marked with an asterick (*) and employees that are subject to prevailing wage requirements must be marked with two astericks (**). All costs must comply with Federal cost principles. Subconsultants will provide their own cost proposals.
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 congnizant agency or accepted by Caltrans.
Total
General and Administrative (Rate):
TOTAL FIXED PROFIT [(c) + (j)] × (p)]
Classification/Title Name
X
LPP 15-01 3/2/2026
Cost Proposal
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
Name: Title:
Signature: Date of Certification (mm/dd/yyyy):
Email: Phone Number:
Address:
List Services the consultant is providing under the proposed contract:
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) 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)
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). *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.
Jeffrey Dorn Director of Operations 02/11/2026 [email protected] 455 W. Fir Ave., Clovis, CA 93611 559-449-2700 Civil engineering design, public outreach, environmental planning and land surveying services for the City of Turlock's Roads Program. Page 908 of 1016
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 9/12/2025
For Combined Rate Fringe Benefit %
79.051% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $288.50 N/A N/A 7/1/2025 6/30/2026 $82.69 $73.20 - $98.56 $298.60 N/A N/A 7/1/2026 6/30/2027 $85.58 3.50%
$309.05 N/A N/A 7/1/2027 6/30/2028 $88.58 3.50%
$319.87 N/A N/A 7/1/2028 6/30/2029 $91.68 3.50%
$230.58 N/A N/A 7/1/2025 6/30/2026 $66.09 $53.00 - $73.50 $238.65 N/A N/A 7/1/2026 6/30/2027 $68.40 3.50%
$247.01 N/A N/A 7/1/2027 6/30/2028 $70.80 3.50%
$255.65 N/A N/A 7/1/2028 6/30/2029 $73.28 3.50%
$184.81 N/A N/A 7/1/2025 6/30/2026 $52.97 $51.56 - $54.47 $191.28 N/A N/A 7/1/2026 6/30/2027 $54.82 3.50%
$197.97 N/A N/A 7/1/2027 6/30/2028 $56.74 3.50%
$204.90 N/A N/A 7/1/2028 6/30/2029 $58.73 3.50%
$152.08 $173.88 $195.67 7/1/2025 6/30/2026 $43.59 $38.07 - $49.52 $157.41 $179.96 $202.52 7/1/2026 6/30/2027 $45.12 3.50% $162.91 $186.26 $209.61 7/1/2027 6/30/2028 $46.69 3.50% $168.62 $192.78 $216.95 7/1/2028 6/30/2029 $48.33 3.50%
0.00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 7
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
Participation Amount $
General &Administrative % Combined ICR %
138.125% 217.18%
OR
General &Administrative % Home Office ICR %
General &Administrative % Field Office ICR %
0.00% 0.00%
FEE % = 10%
Project Professional II / Associate II
Salary Increase % = 3.5%
Name - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Principal
Exempt
Senior Professional / Senior Associate
Exempt
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.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). 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. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Exempt
Project Professional I / Associate I
Non-Exempt
G26000042 TBD $21,600
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 9/12/2025
For Combined Rate Fringe Benefit %
79.051% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $136.77 $156.37 $175.97 7/1/2025 6/30/2026 $39.20 $36.77 - $41.60 $141.55 $161.84 $182.13 7/1/2026 6/30/2027 $40.57 3.50% $146.51 $167.50 $188.50 7/1/2027 6/30/2028 $41.99 3.50% $151.64 $173.37 $195.10 7/1/2028 6/30/2029 $43.46 3.50% $111.51 $127.49 $143.47 7/1/2025 6/30/2026 $31.96 $28.22 - $36.05 $115.41 $131.95 $148.49 7/1/2026 6/30/2027 $33.08 3.50% $119.45 $136.57 $153.68 7/1/2027 6/30/2028 $34.24 3.50% $123.63 $141.35 $159.06 7/1/2028 6/30/2029 $35.43 3.50% $131.43 $150.26 $169.10 7/1/2025 6/30/2026 $37.67 $36.88 - $40.00 $136.03 $155.52 $175.02 7/1/2026 6/30/2027 $38.99 3.50% $140.79 $160.97 $181.14 7/1/2027 6/30/2028 $40.35 3.50% $145.72 $166.60 $187.48 7/1/2028 6/30/2029 $41.77 3.50% $103.45 $118.27 $133.10 7/1/2025 6/30/2026 $29.65 $27.56 - $31.74 $107.07 $122.41 $137.76 7/1/2026 6/30/2027 $30.69 3.50% $110.81 $126.70 $142.58 7/1/2027 6/30/2028 $31.76 3.50% $114.69 $131.13 $147.57 7/1/2028 6/30/2029 $32.87 3.50% 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.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). 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. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Non-Exempt
Administrative Assistant / Dispatcher
Non-Exempt
Project Administrator / Project Controls Specialist
Staff Professional II / III
Salary Increase % = 3.5%
Name - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Non-Exempt
Staff Professional I
Non-Exempt
General &Administrative % Field Office ICR %
0.00% 0.00%
FEE % = 10%
0.00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 7
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
Participation Amount $
General &Administrative % Combined ICR %
138.125% 217.18%
OR
General &Administrative % Home Office ICR %
G26000042 TBD $21,600
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 9/12/2025
For Combined Rate Fringe Benefit %
79.051% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $164.19 $187.72 $211.25 7/1/2025 6/30/2026 $47.06 $41.23 - $58.00 $169.94 $194.29 $218.64 7/1/2026 6/30/2027 $48.71 3.50% $175.88 $201.09 $226.30 7/1/2027 6/30/2028 $50.41 3.50% $182.04 $208.13 $234.22 7/1/2028 6/30/2029 $52.18 3.50% $133.91 $153.10 $172.29 7/1/2025 6/30/2026 $38.38 $33.27 - $45.32 $138.59 $158.45 $178.32 7/1/2026 6/30/2027 $39.72 3.50% $143.44 $164.00 $184.56 7/1/2027 6/30/2028 $41.11 3.50% $148.46 $169.74 $191.02 7/1/2028 6/30/2029 $42.55 3.50% $95.88 $109.62 $123.36 7/1/2025 6/30/2026 $27.48 $19.18 - $40.58 $99.23 $113.45 $127.67 7/1/2026 6/30/2027 $28.44 3.50%
$102.70 $117.42 $132.14 7/1/2027 6/30/2028 $29.44 3.50% $106.30 $121.53 $136.77 7/1/2028 6/30/2029 $30.47 3.50% $115.80 $132.39 $148.99 7/1/2025 6/30/2026 $33.19 $24.40 - $41.23 $119.85 $137.03 $154.20 7/1/2026 6/30/2027 $34.35 3.50% $124.05 $141.82 $159.60 7/1/2027 6/30/2028 $35.55 3.50% $128.39 $146.79 $165.19 7/1/2028 6/30/2029 $36.80 3.50% 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.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). 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. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Non-Exempt
Technician / Courier
Non-Exempt
Lab Technician
Special Inspector
Salary Increase % = 3.5%
Name - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Non-Exempt
Engineering Technician
Non-Exempt
General &Administrative % Field Office ICR %
0.00% 0.00%
FEE % = 10%
0.00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 7
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
Participation Amount $
General &Administrative % Combined ICR %
138.125% 217.18%
OR
General &Administrative % Home Office ICR %
G26000042 TBD $21,600
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 9/12/2025
For Combined Rate Fringe Benefit %
79.051% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $221.16 $252.86 $284.55 7/1/2025 6/30/2026 $63.39 $63.39 $235.12 $268.81 $302.51 7/1/2026 6/30/2027 $67.39 $67.39 $249.08 $284.77 $320.47 7/1/2027 6/30/2028 $71.39 $71.39 $263.03 $300.73 $338.42 7/1/2028 6/30/2029 $75.39 $75.39 $214.19 $244.88 $275.58 7/1/2025 6/30/2026 $61.39 $61.39 $228.14 $260.84 $293.53 7/1/2026 6/30/2027 $65.39 $65.39 $242.10 $276.79 $311.49 7/1/2027 6/30/2028 $69.39 $69.39 $256.05 $292.75 $329.44 7/1/2028 6/30/2029 $73.39 $73.39 $187.32 $214.17 $241.01 7/1/2025 6/30/2026 $53.69 $53.69 $199.57 $228.17 $256.77 7/1/2026 6/30/2027 $57.20 $57.20 $211.81 $242.17 $272.52 7/1/2027 6/30/2028 $60.71 $60.71 $224.06 $256.17 $288.28 7/1/2028 6/30/2029 $64.22 $64.22 $165.06 $188.72 $212.37 7/1/2025 6/30/2026 $47.31 $47.31 $175.88 $201.08 $226.29 7/1/2026 6/30/2027 $50.41 $50.41 $186.69 $213.45 $240.20 7/1/2027 6/30/2028 $53.51 $53.51 $197.51 $225.81 $254.12 7/1/2028 6/30/2029 $56.61 $56.61 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.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). 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. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Non-Exempt
Group 2 Special Inspector - North Determination**
Non-Exempt
Group 3 Engineering Techncian - North Determination**
Non-Exempt
Group 4 Technician - North Determination**
Non-Exempt
Prevailing Wage
Prevailing Wage
Prevailing Wage
Prevailing Wage
Group 1 Special Inspector - North Determination**
Salary Increase % = No further increases to DIR determination.
Name - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Per DIR Determination
General &Administrative % Home Office ICR %
General &Administrative % Field Office ICR %
0.00% 0.00%
General &Administrative % Combined ICR %
138.125% 217.18%
OR
EXHIBIT 10-H2 COST PROPOSAL Page 4 of 7
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
Participation Amount $
Per DIR Determination
Per DIR Determination
Per DIR Determination
0.00% 0.00%
FEE % = 10%
G26000042 TBD $21,600
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 9/12/2025
For Combined Rate Fringe Benefit %
79.051% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $237.11 $271.09 $305.07 7/1/2025 6/30/2026 $67.96 $67.96 $254.55 $291.03 $327.51 7/1/2026 6/30/2027 $72.96 $72.96 $270.29 $309.02 $347.76 7/1/2027 6/30/2028 $77.47 $77.47 $270.29 $309.02 $347.76 7/1/2028 6/30/2029 $77.47 $77.47 $230.13 $263.11 $296.09 7/1/2025 6/30/2026 $65.96 $65.96 $247.57 $283.05 $318.53 7/1/2026 6/30/2027 $70.96 $70.96 $263.31 $301.04 $338.78 7/1/2027 6/30/2028 $75.47 $75.47 $263.31 $301.04 $338.78 7/1/2028 6/30/2029 $75.47 $75.47 $223.92 $256.01 $288.10 7/1/2025 6/30/2026 $64.18 $64.18 $241.36 $275.95 $310.54 7/1/2026 6/30/2027 $69.18 $69.18 $257.10 $293.94 $330.79 7/1/2027 6/30/2028 $73.69 $73.69 $257.10 $293.94 $330.79 7/1/2028 6/30/2029 $73.69 $73.69 Non-Exempt
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.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). 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. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Non-Exempt
Group 2 Special Inspector - South Determination**
Non-Exempt
Group 1 Engineering Techncian - South Determination**
Prevailing Wage
Prevailing Wage
Prevailing Wage
Per DIR Determination
Per DIR Determination
Group 3 NDT - South Determination**
General &Administrative % Field Office ICR %
0.00% 0.00%
FEE % = 10%
Salary Increase % = No further increases to DIR determination.
Name - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Per DIR Determination
0.00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 5 of 7
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
Participation Amount $
General &Administrative % Combined ICR %
138.125% 217.18%
OR
General &Administrative % Home Office ICR %
G26000042 TBD $21,600
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Consultant Prime Consultant Subconsultant
Project No. Contract No. Date 9/12/2025
Quantity Unit Unit Cost
$ 1.00
Per attached schedule
Cost +15%
Per attached schedule
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
EXHIBIT 10-H2 COST PROPOSAL Page 6 of 7
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Total
$ -
NOTES:
1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
Mileage Costs
Materials Laboratory Tests
Permit / Subconsultant Fees
Equipment / Unit Costs
$ -
$ -
$ -
$ -
400
1 1
1 Mile
EA
EA
EA
$400
$5,300
$6,200
$600
MD Concrete Cutting and Demolition $2,300
Safety Network $3,900
G26000042
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
1. 2.
3. 4.
5. 6.
Name: Title *:
Signature: 9/12/2025
Email:
Address: 691 N. Laverne Avenue, Suite 101, Fresno, CA 93727 *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:
Geotechnical Engineering Services / Special Inspection and Materials Testing Services / Environmental Consulting Services Prime Consultant or Subconsultant Certifying:
Date of Certification (mm/dd/yyyy):
Chief Operating Officer
Phone Number: 209.914.7258
Tim Rodriguez
[email protected]
Title 23 United States Code Section 112 - Letting of Contracts 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
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.
48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Terms and conditions of the contract
EXHIBIT 10-H2 COST PROPOSAL Page 7 of 7
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:
Generally Accepted Accounting Principles (GAAP)
January 2020
BSK Associates - Schedule of Fees - July 1, 2025 to June 30, 2026 Litigation support 1.5x standard rate
Deposition / Trial 2.0x standard rate
BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half Sundays, holidays and over 12 hours Bill double time
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
BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half Sundays, holidays and over 12 hours Bill double time
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
BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half 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
City Council Staff Report
April 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Gary Hampton, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving Amendment No. 4 for Task Order No. 4 under the terms of the Master Agreement (City Contract No. 2023-111) with Siegfried Engineering, Inc. (Stockton, California office) for Engineering Design Services for the City of Turlock’s Roads Initiative Program in the amount of $369,478.02 to be funded by Fund 115 “Measure A – Roads” under City Project No. 26-017 “Siegfried Task Order No. 4 for Roads Program CIP Projects,” and authorizing staff to proceed with advertising for construction of said City Project upon completion of bid documents
Motion: Approving Amendment No. 5 for Task Order No. 5 under the terms of the Master Agreement (City Contract No. 2023-111) with Siegfried Engineering, Inc. (Stockton, California office) for Engineering Design Services for the City of Turlock’s Roads Initiative Program in the amount of $875,117.21 to be funded by Fund 115 “Measure A – Roads” under City Project No. 26-018 “Siegfried Task Order No. 5 for Roads Program CIP Projects,” and authorizing staff to proceed with advertising for construction of said City Project upon completion of bid documents
2. NARRATIVE:
The Master Agreement between the City of Turlock and Siegfried Engineering, Inc. (City Contract No. 2023-111) stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of the Master Agreement.
Staff is proposing the rehabilitation of the following street sections as logical groupings for design under two separate task orders as shown in the following tables:
City Project No. 26-017
"Siegfried Task Order No. 4 for Roads Program CIP Projects" Street Name From To PCI Length (ft) District
E. Minnesota
Ave. Geer Rd. Bucknell St. 18 807.00 3
Bucknell St. Greenboro St. 39 528.00 3
Greenboro St. N. Olive Ave. 25 1,292.00 3
N. Olive Ave. Colorado Ave. 14 1,309.00 3
Bucknell St. E. Tuolumne Rd. E. Minnesota
Ave. 86 617.00 3
Annhurst Ave. E. Tuolumne Rd. E. Minnesota
Ave. 85 620.00 3
Agenda Staff Report
4/14/2026
Brooks Ct. E. Minnesota Ave. North End 11 531.00 3
Greenboro St. E. Tuolumne Rd. E. Minnesota Ave. 87 620.00 3 Total Length 6,324.00
City Project No. 26-018
"Siegfried Task Order No. 5 for Roads Program CIP Projects" Street Name From To PCI Length (ft) District
South Ave. Lander Ave. S. Orange St. 48 1,030.00 2
S. Orange St. West Ave. South 32 1,571.00 2
West Ave.
South S. Soderquist Rd. 18 1,318.00 2
West Ave.
South W. Main St. Vermont Ave. 22 1,742.00 2
Vermont Ave. South Ave. 22 912.00 2
Vermont Ave. Lander Ave. S. Orange St. 83 1,034.00 2
S. Orange St. West Ave. South 70 1,565.00 2
West Ave.
South S. Soderquist Rd. 71 1,319.00 2
Bethany Ave. Bernell Ave. Lewis St. 45 731.00 2
South Ave. Bernell Ave. 2 708.00 2
Bernell Ave. Bethany Ave. 300' East of Bethany
Ave. 24 300.00 2
Lewis St. Maple St. Gabriel St. 88 167.00 2
S. Orange St. Maple St. 15 597.00 2
Bethany Ave. S. Orange St. 4 440.00 2
Expedition St. Bethany Ave. 93 256.00 2
Expedition St. Lewis St. Clark St. 76 223.00 2
Clark St. Expedition St. S. Orange St. 47 682.00 2
S. Orange St. Gabriel St. 71 764.00 2
Gabriel St. Lewis St. Montana Ave. 86 498.00 2
Total Length 15,857.00
E. Minnesota Avenue, South Avenue, and West Avenue South are all classified as “Major Collector.”
Siegfried’s scope of services for each task order includes, in general, topographic survey, boundary survey for monument preservation, geotechnical investigations (pavement cores and soil sampling), pavement design, utility coordination, development of Bid Documents, and assistance during bid phase and construction phase. Environmental clearance is anticipated to be a categorical exemption under California Environmental Quality Act (CEQA). It is anticipated that the bid documents for each project will be completed by late 2027. Both projects will then be advertised for bids, with due consideration given to the
Agenda Staff Report
4/14/2026
funding levels and availability of contractors, for construction in 2028.
The proposed amendment provides the scope of services, associated fees, and schedule for the required services for each project. Construction cost is estimated to range from $4.0 million to $5.0 million for City Project No. 26-017 and from $10.0 to $12.0 million for City Project No. 26-018.
Per Resolution 2009-247, authorization from City Council is required prior to proceeding with bid advertising for “all capital improvement projects with a construction and project management estimate of greater than $1,000,000.” If staff waits for design to be completed before asking Council for authorization to bid, the project schedule will be delayed by 4-6 weeks and will significantly delay the start of construction. Therefore, staff requests that the Council authorize staff to proceed with advertising each project for construction upon completion of the bid documents.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The fiscal impact of the proposed actions will be $369,478.02 for City Project No. 26-017 and $875,117.21 for City Project No. 26-018. Both projects will be funded by Fund 115 “Measure A – Roads”, account number 115-10-115.43366_001 “Design Roads.” Appropriate funds have been allocated during the Fiscal Year 2025-2026 budget process.
4. ENVIRONMENTAL DETERMINATION:
Approving the amendments for the task orders described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed actions are not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because each consists 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. ALTERNATIVES:
A. Council could choose not to approve the proposed Amendment No. 4 to the Master Agreement with Siegfried Engineering, Inc. Staff does not recommend this alternative as it will delay the process of design and construction of Roads Program CIP projects.
B. Council could choose not to approve the proposed Amendment No. 5 to the Master Agreement with Siegfried Engineering, Inc. Staff does not recommend this alternative as it will delay the process of design and construction of Roads Program CIP projects.
C. Council could choose not to approve authorizing staff to proceed with advertising these projects for construction upon completion of bid documents. Staff does not recommend this alternative as it will extend each project schedule by several weeks, delaying the start of construction and the eventual completion of the project.
D. Provide staff with direction on how to proceed.
6. ATTACHMENTS:
1. Amendment No. 4 for Task Order No. 4 under the terms of the Master Agreement (City Contract No. 2023-111) with Siegfried Engineering, Inc.
Agenda Staff Report
4/14/2026
2. Amendment No. 5 for Task Order No. 5 under the terms of the Master Agreement (City Contract No. 2023-111) with Siegfried Engineering, Inc.
CITY CONTRACT NO. 2023-111, Amendment No. 4 for Task Order No. 4 AMENDMENT NO. 4 FOR TASK ORDER NO. 4
Under the Terms of the
MASTER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
SIEGFRIED ENGINEERING, INC.
for
ENGINEERING DESIGN SERVICES (City Contract No. 2023-111) City Project No. 26-017
THIS AMENDMENT NO. 4 for Task Order No. 4 under the terms of City Contract No. 2023-111 is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and SIEGFRIED ENGINEERING, INC., a California corporation (“Professional”), on this _______ day of _______ 2026 (the “Effective Date of Task Order No. 4”).
City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Amendment No. 4.
WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2023-111) dated April 25, 2023, for engineering design services to assist City with Design Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and WHEREAS, the Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of Agreement by a written amendment to the Agreement; and
WHEREAS, Amendment No. 4 for Task Order No. 4 provides the scope of services, associated fees, and schedule for specific projects under City Project No. 26-017 “Siegfried Task Order No. 4 for Roads Program CIP Projects.”
NOW, THEREFORE, the Parties hereto mutually agree to amend the Agreement as follows:
1. Exhibit E, attached hereto and incorporated herein by reference, is hereby added to the Agreement.
2. Recital B of the Agreement is amended to read as follows:
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibits A through E attached hereto and incorporated
CITY CONTRACT NO. 2023-111, Amendment No. 4 for Task Order No. 4 herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
3. Recital C of the Agreement is amended to read as follows:
C. The Parties anticipate that one or more projects for Services shall be determined through creation of a Task Order as a City-requested modification of services under Section 5.2 of this Agreement which shall be approved by written amendment to this Agreement. The Parties shall outline the schedule or timeline for providing the Services agreed upon under each Task Order (“Completion Schedule”), which shall be included in one or more written amendments to this Agreement. Such Completion Schedule is included in Exhibit E.
4. Recital D of the Agreement is amended to read as follows:
D. The Parties shall outline the rates and method of payment to Professional for its performance of the Services under this Agreement as determined under each Task Order (“Compensation Schedule”), which shall be included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit E.
5. Section 5 of the Agreement is amended to read as follows:
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibits A through E. Any request for Services not included in Exhibits A through E will be considered a request for additional or modified Services (“Modification” or “Modifications”).
Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibits A through E. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
6. Section 6 of the Agreement is amended to read as follows:
6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit based on Exhibit 10-H1 of Caltrans Local Assistance Procedures Manual (LAPM). Professional will be allowed to include an amount for the anticipated salary increases as calculated per Exhibit 10-H1. City’s total compensation to Professional shall not exceed the cumulative amount resulting from each Task Order with each approved Amendment to the Agreement. The
CITY CONTRACT NO. 2023-111, Amendment No. 4 for Task Order No. 4 compensation for Amendment No. 4 shall not exceed Three-Hundred-Sixty-Nine Thousand Four-Hundred-Seventy-Eight Dollars and Two Cents ($369,478.02) for City Project No. 26-017 (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
7. Execution and Counterparts. This Amendment may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Amendment 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
8. All other terms and conditions of the Agreement shall remain in full force and effect for the Term of the Agreement.
[Signatures on Following Page]
CITY CONTRACT NO. 2023-111, Amendment No. 4 for Task Order No. 4 IN WITNESS WHEREOF, the Parties have caused this Amendment No. 4 to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
Siegfried Engineering, Inc., a California
corporation
By:
Adam Merrill, Vice President
Date
CITY
City of Turlock, a California
municipal corporation
By:
Gary R. Hampton, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
02/27/2026
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February 23, 2026
Fred Pezeshk, P.E.
Roads Program Manager
City of Turlock, Municipal Services Department
156 S. Broadway, Ste. 150
Turlock, CA 95380
RE: City of Turlock Roads Program CIP Task #4
TURLOCK, CALIFORNIA
PROPOSAL FOR PROFESSIONAL DESIGN SERVICES
Dear Fred,
We appreciate the opportunity to propose our services to you for this project. Our scope of work, based on previous coordination and emails on the project, is as follows.
I. Project Description
Siegfried will assist City of Turlock with the plans, specifications and cost estimate for the City of Turlock Roads Program CIP (total 6,324 LF) for selected streets identified in the attached exhibits and shown in the table. Total estimated construction cost for the bid package is projected to be $4M-$5M, assuming a majority of the streets need more extensive pavement rehabilitation based on observed conditions.
We plan to assist the City of Turlock with the pavement rehabilitation options and how these deficiencies will be improved, which will be included with the project.
Scope of Work
Siegfried Engineering, Inc. (Siegfried) will provide civil engineering, geotechnical engineering and surveying services to City of Turlock (Client) for the City Road Program CIP (Project) in Turlock, California including the following services:
TASK 1 – MEETINGS & COORDINATION
1. Attending meeting(s) with the City PM to coordinate the project related items.
2. Field visits to verify improvements and coordination with the City PM after the initial 30% submittal.
3. Regular meetings to check in on status and update the City PM.
4. Milestone or submittal meetings to review comments and any revisions.
5. Updating the schedule and keeping the City PM updated on progress.
6. Reviewing all City department’s comments and coordinating.
7. Billing reports
8. Coordination with project team.
TASK 2A – TOPOGRAPHIC SURVEY & RESEARCH
1. The topographic survey of the approximate limits shown in attached Exhibits. The survey will be in sufficient detail for use by Siegfried in design and plan development.
2. The following features will be located and mapped:
a. Flow line and lip of gutter lines.
b. Top of curb.
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c. Crown of roadway.
d. Edge of pavement.
e. Edge of concrete.
f. Striping.
g. Signage.
h. Curb ramps, where determined those improvements are necessary. i. Sidewalks and driveway, where determined those improvements are necessary. j. Shots will generally be at 50’ station spacing along the roadways, and at grade breaks, beginning, middle and ends of horizontal curves, including side street curb returns. (Essentially a cross section of the impacted area) k. Manholes and Clean outs
l. Utility boxes/vaults/etc.
m. Fences.
n. Walls.
o. Gates.
p. Trees.
q. Dips for sewer and storm where drainage improvements as necessary.
3. Client to provide as-builts, if available.
4. Office preparation and mapping of the surveyed features utilizing AutoCAD Civil 3D.
5. Review General Plan, ATP, and SRTS requirements for each street.
6. Mapping will be based on the California Coordinate System, NAD83, NAVD88 datum.
7. Underground utility lines will be mapped as a part of this scope of work, record information and surface utility shots will be used to map the utilities to the best of our ability.
8. Utility research, notifications and letters to affected utility companies and agencies. Coordinating with various utility companies on their existing facilities and if adjustments are necessary.
TASK 2B – POTHOLING, 15 LOCATIONS ASSUMED
Potholing will be provided by Siegfried. Locations are to be identified during design by Siegfried and City staff. Siegfried shall assume 15 Potholes are needed. Siegfried will compile potholing information into a pothole location map and table format document, which includes the following information: Pothole #, Utility Information, Cover/Depth to top and bottom, horizontal distance to new utility (if applicable), Outside Diameter, Material Type, Asphalt Concrete Thickness, Aggregate Base Thickness. In addition to data listed above, ground locations of each pothole shall be provided (to be shot by GPS or similar method) in PNEZD format within a Microsoft Word compatible “.txt” document. This information will be furnished upon completion of potholing.
TASK 3 – PAVEMENT TESTING & DESIGN
Task 3.1 – Field Exploration
We assume no encroachment permits will be required for this City project. Prior to initiating our field explorations, we will mark the work area with white paint and contact Underground Service Alert (USA) for utility clearance. We have not included fee allowance for hiring an underground utility locator service. We will not take responsibility for damage to underground utilities that are not accurately located within our exploratory locations.
Pavement Core Borings
Following the utility clearance, we will advance one core boring at a frequency of approximately 1 boring up to 800 (±) lineal feet, or 1 per street segment. We anticipate a maximum of 10 core locations with at least one location placed on any given street segment. The cores will be extracted over a period of 1 day shift. At selected locations, cores may be taken across the street to establish a generalized cross section where there was evidence of historical overlays performed. The cores will be advanced with a manual core drill equipped with 4- or 6-inch diameter core barrels. At select locations, a dynamic cone penetrometer (DCP) will be advanced.
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During our exploration, a representative from this firm will oversee the testing and collect samples. A continuous log will be maintained asphalt concrete, base, and underlying subgrade description. Bulk samples collected will be sealed to prevent moisture loss and transported to the laboratory for testing and analysis. The depth to initial groundwater will be measured and recorded during the drilling, if encountered. A visual survey of the existing pavement sections will be prepared that includes the type and severity of the pavement distress observed. This provides a tool for selecting the appropriate pavement treatment strategy.
We intend to locate the core borings by pacing from known features which is normally of sufficient accuracy for such work.
We have not included in our scope a budget for an accurate survey of the core locations. If accurate locations are required, then additional budget would be needed. The actual number of core borings may be revised in the field based on the conditions encountered in the various locations, or as requested by the Client or the reviewing agency. Locations will be presented to you prior to work being performed. Given that the cores will be located within the paved roadways, we will provide traffic control devices per the California Manual for Uniform Traffic Control Devices (MUTCD).
We assume that the drill cuttings will be backfilled in the hole and the surface topped with cold patch asphalt. We anticipate completing up to 6 locations per day given the mobilization between core locations, setting up traffic control, and a work time allocated from 9 am to 3 pm.
Subconsultants
• Driller: We will utilize our own equipment to core locations. • Traffic Control: City Rise will provide traffic control services.
Task 3.2 – Laboratory Testing
We will perform soils laboratory testing to evaluate the geotechnical characteristics of the samples obtained. Index testing consisting of moisture content, dry density, Atterberg Limits, and particle size analysis will be performed for the in-situ soils.
Resistance “R” Value tests will be performed for pavement design. Corrosivity tests may be performed to determine the site corrosivity. The frequency of tests performed will depend on the conditions encountered.
Subconsultants
• Lab Testing Support: Construction Testing Services
Task 3.3 – Final Report Preparation
The results of the field exploration, laboratory tests and engineering analysis will be presented in a design level report prepared in accordance with the direction of a California Registered Geotechnical Engineer that will include the following:
• Summarize results of field exploration
• Summarize results of laboratory testing
• Conclusions and comments on applicable and proposed pavement reconstruction or rehabilitation methods for each segment
• Presentation of the soil laboratory tests
• Graphics including a scaled site plan, boring location map, and coring/boring logs, etc. • Appendices containing results of our field exploration and laboratory testing.
Schedule
We could begin field work (i.e., permit procurement, USA, and driller coordination) upon notice to proceed. We note the permit procurement and developing the traffic control plan could push the schedule upwards of 2 to 3 weeks from notice to proceed. Laboratory testing should be completed at least 4 weeks following the completion of our fieldwork. We will submit an electronic copy of the geotechnical report in PDF format within 12 weeks of completion of the laboratory testing. If a quicker turnaround time is needed, please inform the undersigned.