Turlock City Council
September 9, 2025

CITY CONTRACT NO. 2026-053 Page 7
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disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Service Provider. Force Majeure does not include: (a) Service Provider’s financial inability to perform; (b) Service Provider’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Service Provider’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 the Service Provider.

16. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

17. Suspension of Services by City. City reserves the right to suspend Service Provider's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Service Provider notice of such suspension and Service Provider shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Service Provider, the Service Provider shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Service Provider's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Service Provider shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Service Provider during the period when Services were suspended.

If the Parties are unable to agree upon the amount of extra compensation which is due to Service Provider within thirty (30) days of Service Provider resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Service Provider for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Service Provider no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.

18. 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, Service Provider or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Service Provider or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) 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 it is ever determined that any Product created by Service Provider or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Service Provider hereby assigns all copyrights

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to such Products to City. With the prior written approval of City's point of contact for the Project, Service Provider may retain and use copies of such Products for reference and as documentation of its experience and capabilities.

All Products shall become the property of City irrespective of where located or stored, and Service Provider agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Service Provider's Services hereunder. Service Provider shall have no ownership interest in such Products.

All work product of Service Provider under this Agreement, 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 specified in Exhibit A.

When this Agreement is terminated, Service Provider agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.

19. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Service Provider. In the event City shall give such notice of termination, Service Provider shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Service Provider shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Service Provider or before Service Provider commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Service Provider. If City terminates this Agreement after City has issued the Notice to Proceed to Service Provider and after Service Provider has commenced performance under this Agreement, City shall pay Service Provider the reasonable value of the Services rendered by Service Provider pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services.

Service Provider shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Service Provider prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Service Provider prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Service Provider after the date of the notice of termination.

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20. Assurance of Performance. If, at any time, City believes Service Provider may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Service Provider for written assurances of performance and a plan to correct observed deficiencies in Service Provider's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

21. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Service Provider did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.

Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Service Provider'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 Service Provider.

City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services required by this Agreement.

22. Non-Discrimination. In its performance of the Services, Service Provider shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.

23. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Service Provider arising out of or relating to this Agreement or the breach thereof, including claims of Service Provider for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California 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 this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras,

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delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Service Provider, 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 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 limitation.

The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of 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 attorneys' fees incurred by the prevailing party.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in 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.

24. Insurance Coverage. During the Term, the Service Provider shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.

Service Provider shall maintain coverage as follows:

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24.1 Commercial General Liability. Service Provider shall carry commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in the amount of no 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 completed operations for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).

24.2 Workers’ Compensation Insurance and Employer's Liability. Service Provider shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Service Provider shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.

24.3 Professional Liability. Service Provider shall carry professional liability insurance that insures against professional errors and omissions that may be made in performing services in the amount of no less than Two Million Dollars ($2,000,000.00) per claim and in the aggregate or greater if appropriate for the Service Provider's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Service Provider shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

24.4 Commercial Automobile Liability. Service Provider shall carry commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) in the amount of no less than Two Million Dollars ($2,000,000.00) or greater per accident for owned, leased, hired, and non-owned or borrowed automobiles.

24.5 Umbrella or Excess Policy. Service Provider 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 Commercial General Liability and automobile Liability insurance. No 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 Service Provider’s primary and excess liability policies are exhausted.

24.6 Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in

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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.

25. Additional Insurance Requirements. Within five (5) days of the Effective Date, Service Provider shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Service Provider shall be responsible for providing updated copies. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Service Provider and shall be endorsed to state such; (c) cover products and completed operations of Service Provider, premises owned, occupied, or used by the Service Provider, or automobiles owned, leased, or hired or borrowed by the Service Provider; contain no special limitations on the scope of protection afforded to City; (d) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Service Provider’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.

26. Indemnifications.

26.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Service Provider shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Service Provider or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Service Provider, or any direct or indirect subcontractor, employee, contractor, representative or agent of Service Provider, or anyone that Service Provider controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Service Provider, the Service Provider waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

26.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including

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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 this Agreement by Service Provider or by any individual or agency for which Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Service Provider.

27. Liability of City. Notwithstanding any other provision of this Agreement, 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 this Agreement or the Services performed in connection with this Agreement.

28. Independent Contractor. At all times during the Term, Service Provider shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Service Provider performs the Services required under this Agreement. Service Provider 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 Service Provider. City shall have the right to control Service Provider only insofar as the result of Service Provider’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes Services rendered pursuant to this Agreement.

29. Service Provider Not Agent. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

30. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Service Provider.

31. 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: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 270
Turlock, California 95380

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With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway
Turlock, California 95380-5456
If to Service Provider: Jim Brisco Enterprises, Inc.

Attn: George Morrow
221 Airpark Rd, Suite A
Atwater, CA 95301

32. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:

David Huff
Water Quality Control Division Manager
156 S. Broadway, Suite 270
Turlock, California 95380
Telephone: (209) 668-5451
E-mail: [email protected]

33. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

34. Use of City Project Number. {Intentionally Omitted}

35. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

36. 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.

37. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

38. 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, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement 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.

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39. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

40. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

41. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

42. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to 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.

43. Execution and Counterparts. This Agreement 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 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.

44. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Service Provider’s charges to City under this Agreement.

45. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.

46. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

47. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

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48. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

49. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

50. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

51. 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 this Agreement.

52. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]

EXHIBIT A TO CITY CONTRACT 2026-053Page 220 of 324 1 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 221 of 324 2 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 222 of 324 3 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 223 of 324 4 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 224 of 324 5 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 225 of 324 6 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 226 of 324 7 of 8 EXHIBIT A TO CITY CONTRACT 2026-053Page 227 of 324 8 of 8 City Council Staff Report
September 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: David Barr, Fleet Services Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Approving the purchase of one (1) 25-yard rear loader packer truck from Haaker Refuse pursuant to the Sourcewell Contract No. 110223-MCN, for a total amount not to exceed $361,812.50 expensed to Fund 506 "Vehicle/Equipment Replacement" in accordance with Turlock Municipal Code Section 2-7-08(b)(5) allowing use of joint, cooperative, or leveraged purchasing plans and not requiring an additional City bid procedure

2. NARRATIVE:

Staff requests the approval to purchase one (1) 25-yard rear loader packer truck pursuant to the Sourcewell Contract No. 110223-MCN, for a total amount not to exceed $361,812.50.

The proposed 25-yard rear loader packer truck will be used in the City of Turlock's Streets, Storm and Assessment District locations for clearing green waste debris from city streets and other properties as well as many other functions as may arise. This unit will replace a 1990 unit that is currently in service and needs to be updated for emission compliance reasons as well as exceeding its useful life.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The Purchasing Division has made the determination that this item does not require a competitive procedure due to TMC 2-7-08 (b)(5) that states, bidding is not required when engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis.

The purchase of one (1) 25-yard rear loader packer truck for $361,812.50 from Haaker Refuse will be expensed to the following account numbers:
506-00-000-234.51020 - Assessment Districts ($90,000)
506-00-000-232.51020 - Storm ($90,000)
506-00-000-231.51020 - Streets ($181,812.50)
Appropriate funds have been allocated during the Fiscal Year 2025-26 budget process to fund this purchase.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists 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.

Agenda Staff Report
9/9/2025

5. ATTACHMENTS:

1. Quote

3624 Munster Avenue Unit A, Hayward, CA 94545
(510) 514-0043 ~ haakerrefuse.com
QUOTE
JULY 29, 2025
TO: CITY OF TURLOCK ATTN: DAVID BARR
701 S WALNUT ROAD (209) 585-8203
TURLOCK, CA 95380 [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement – Contract #110223-MCN.

ONE (1) NEW McNEILUS HEAVY DUTY
25-Yard Heavy Duty Rear End Loader, Mounted On A Peterbilt 548 Chassis.

OPTIONAL EQUIPMENT INCLUDE:

CHASSIS
∙ GVW Category 33,001 LBS OR GREATER
∙ Destination State/Country CALIFORNIA
∙ Chassis Type CUSTOMER CHASSIS
∙ Chassis Make PETERBILT
∙ Chassis Model 548
∙ Steering Configuration STREET SIDE SEATED STEERING
∙ Fuel Type DIESEL
∙ Fuel System DIESEL
∙ Primary CNG Capacity DIESEL
∙ Chassis Model Year 2025
∙ Packer Type HEAVY DUTY REAR LOADER
∙ Frame CNG Bracket Type NO FRAME CNG SYSTEM

SELECTED
∙ Engine PACCAR PX9-AFTER 1/1/2017 EMIS
∙ Transmission ALLISON 3000 RDS
∙ Double Frame TRUE
∙ Cab Mirrors AERO STYLE
∙ Pump Drive SS 897 MTM INSTL CON MESH EXT
∙ Rear Suspension HENDRICKSON HAULMAXX SPRING
∙ Exhaust Location LEFT HAND VERTICAL EXHAUST
∙ Rear Tire Arrangement DUAL TIRE TANDEM AXLE
∙ Engine Horsepower HORSEPOWER GREATER THAN 300
∙ Transmission Oil Cooler NO
BODY
∙ Capacity 25 YD REAR LOADER
∙ Body Floor Thickness AR200 3/16"
∙ Roof STANDARD ROOF
∙ Side Access Door SS DOOR HINGED FORWARD
∙ Access Door Ladder ANSI FOLD UP W/SHUTDOWN and
LIGHT
∙ Hyd Tube Front Cover STD
∙ End Cap Reinforcement TRUE
∙ Throttle Advance KEYPAD CURB SIDE TG
∙ Floor Build Location DODGE CENTER
∙ Model/Capacity 2511 REL HD

BODY OPTIONS
∙ Cab Control IN DASH CONTROL SWITCHES
∙ TG Hole Mounting Loc LOWER HOLE
∙ Power Dist Module Loc FRONT OF BODY SS TOPSTANDARD
∙ Load Edge B-TYPE (STANDARD/BAYNE)
∙ Hopper Liner 3/16" AR400 STD HOPPER
∙ Tailgate Lock TURNBUCKLE LOCK
∙ Slide and Sweep Controls CURB SIDE STANDARD LINKAGE
∙ Tailgate Steps 16"-24" ADJUSTABLE HEIGHT STEP
∙ Tailgate Seal EXTENDED HEIGHT
∙ Packer/Sweep Panels STANDARD
∙ Nitrited S and S Pin TRUE
∙ Hopper Bottom 1/4" AR200 W/ CS 1.5" DRAIN
∙ Tailgate Lift Cylinder STANDARD
∙ Container Tipper Kick Bar 32" ARMS
∙ Roller Quantity 2
∙ Kick Bar Controls CURB SIDE
∙ Bumper Pads 4 EXTENDED BLACK RUBBER BUMPER
∙ Container Stop FIXED
∙ Guides and Latches YES
∙ Guides and Latches Style B-TYPE (STANDARD/BAYNE)
∙ Guide Inside Width 80" (STANDARD)
∙ Plumb For Quick-Tip NO
∙ S and S Dock Handle On CS NO
∙ Telematics TRUE

HYDRAULICS
∙ Hydraulic Res Breather FILLER/BREATHER ON

RESERVOIR
∙ Hyd Res Filler Cap STANDARD FILLER CAP
∙ Hyd Fluid Sample Port CHECK FLUID KP14NV 90DEG
∙ Hydraulic Fluid ISO46-US OIL
∙ Hydraulic Reservoir STREET SIDE STANDARD STL RECT,

∙ Hydraulic Pump GEAR PUMP
∙ Hydraulic Return Filter SCHROEDER IN RESERVOIR
∙ Ejector Cylinder ROSENBOOM
∙ Hyd Hose Wrap CORDURA WRAP REQUIRED HOSES
∙ Cart Tipper Extra Valve ONE EXTRA SECTION-STANDARD
RL
∙ Res Suction Shutoff Valve GATE VALVE W/ RED HANDLE
∙ Valve on Res Return NO VALVE ON RES RETURN
∙ TG/Ejector VLV Location STANDARD LOCATION FROM
FOB
∙ Slide and Sweep Cyl Make ROSENBOOM

LIGHTING
∙ DOT Light Manufacturer ECONOMY LED
∙ Mid-Body DOT Oval Light OVAL AMBER TURN

SIGNAL/MARKER
∙ Tailgate Outer Corner Lights 4" AMBER TURN SIGNALS
∙ Light/Harness Package STANDARD LIGHT and HARNESS
∙ Smart Lights 4" PETERSON SMART LIGHTS IN TG (QTY 4)
∙ Mid Body Work Lights FDR MT RD ECON 5" LED
∙ Hopper Work Lights TWO ECONOMY 5" ROUND LED
∙ DOT Reverse Lights TRUCKLITE 4" SINGLE UPPER REV
∙ Mid Body Work Lt Switch SINGLE SWITCH FOR BOTH
LIGHTS
CAMERA
∙ Monitor Display In Rev TG CAMERA
∙ Camera/Monitor Make 3RD EYE 4PORT,WIDE 7" COLOR
∙ Backup Camera CENTER TG CYL SUPPORT BEAM
∙ Monitor Mount CENTER OVERHEAD MOUNT W/SWIVEL
∙ CC Camera Qty 3EYEW Camera Qty 1

RESIDENTIAL OPTIONS
∙ Cart Tipper Location CENTER STANDARD GATE
∙ Cart Tipper Type MTM INSTALLED TIPPER
∙ Cart Tipper Mount RECESSED MOUNT
∙ Cart Tipper Make PERKINS D6220
∙ Cart Tipper Controls CS and SS MANUAL LINKAGE
∙ Tipper Mount Style BOLTED

MISC BODY
∙ Drive Shaft Motion Sensor CUSTOMER INSTALLED
∙ Limit Speed With Tailgate Open NO
∙ Front Mudflaps BLACK MCNEILUS LOGO
∙ Backup Alarm PRECO 1059 DUAL TONE-LWR LT BX
∙ Toolbox 16"D X 14"H X 24"W STEEL
∙ Toolbox Location STREETSIDE
∙ Shovel Holder Tailgate STD CURBSIDE
∙ Broom Holder Tailgate PUSH BROOM HOLDER CURBSIDE
∙ "E" Stop DUAL TAILGATE MOUNTED
∙ Auto-Neutral TRUE
∙ Battery Box Location STREET SIDE FRAME MOUNTED
SAFETY
∙ Fire Extinguisher In Cab 5# ABC
∙ Triangle Safety Kit BOLTED IN CAB
∙ 20# Fire Extinguisher CURB SIDE UNDER BODY
PAINT
∙ CNG System Cover Color NO ADDED CNG SYSTEM COVER
COLOR
∙ Paint Scheme STANDARD PAINT TEMPLATE
∙ Number Of Body Colors QTY 1
∙ Body Paint Category 1 COLOR, MEDIUM COMPLEXITY
∙ Body Color 1 Description White Match Cab
∙ Body Color 1 Code HST938497
∙ Cab / Hood Paint NO CAB PAINT
∙ Wheel Paint NO WHEEL PAINT
∙ Decal Language ANSI COMPLIANT ENGLISH
∙ Conspicuity Tape TRUE
∙ Access Ladder Color MATCH BODY COLOR
AXLE
∙ Pusher Axle Quantity 0
∙ Pusher Tire NO PUSHER SELECTED
∙ Pusher Lift Control NO PUSHER AXLE IN ORDER
∙ Tag Lift Control NO TAG AXLE IN ORDE
PRICING FOR 1 UNIT:

Retail Price:.......................................................................................................................$ 363,635.00 Sourcewell Discount: ....................................................................................................($ 30,551.00) Sales Price: ........................................................................................................................$ 333,084.00 FET Exempt: ................................................................................................................................ $ 00.00 Sales Tax (8.625%)..................................................................................................... $ 28,728.50 UNIT PRICE: TURLOCK, CA: .......................................................................... $ 361,812.50

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED

OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good for 60 Days . Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 14-30 Days TERMS: NET-30
Add-On/Cooperative Purchase Authorization: Haaker Equipment Company offers the above proposed price, terms and conditions to any governmental agency or subdivision in the State of California or Nevada for a period not to exceed a full calendar year from the date of original purchaser’s purchase order or contract.

We appreciate the opportunity to present this proposal and look forward to being of further and continued service.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: Matthew Frazier DATE:

MATTHEW FRAZIER

SALES REPRESENTATIVE

City Council Staff Report
September 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Stephen Fremming, P.E., Principal Civil Engineer Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving the proposed list of project applications to submit in response to the Call for Projects for Congestion Mitigation and Air Quality Act (CMAQ) and Surface Transportation Block Grant (STBG) funding for Federal Fiscal Years 2027 through 2030 and affirming the importance of each listed project and a commitment to provide the local match funding required to complete the project should the projects be awarded

2. NARRATIVE:

Federal funds from various grant programs for transportation-related capital improvement projects are available to local agencies in Stanislaus County as apportioned by the Stanislaus Council of Governments (StanCOG). StanCOG has issued a call for project applications for two grant programs: the Congestion Mitigation and Air Quality Program (CMAQ) and the Surface Transportation Block Grant Program (STBG).

Congestion Mitigation and Air Quality Program (CMAQ)
CMAQ funds are directed to transportation projects and programs which contribute to the attainment or maintenance of National Ambient Air Quality Standards in non-attainment or air quality maintenance areas for ozone, carbon monoxide, or particulate matter under provisions in the Federal Clean Air Act. The City of Turlock (City) has received CMAQ funding in the past for many different projects, most recently including signalization of W.

Main and S. Tegner Road, signalization on Countryside Drive near commercial driveways north of Fulkerth Road, and signal coordination of several existing traffic signals on Lander Avenue and Christoffersen Parkway.

Surface Transportation Block Grant Program (STBG)
STBG funds are directed to projects and programs for a variety of streets and road work.

Typical projects that qualify and tend to score well include rehabilitation of existing roadway improvements such as roadway surfacing and reconstruction. The City has received STBG funding in the past for many different projects, most recently including Intersection Improvements at Golden State Blvd, Golf Road, and Berkeley Avenue (County-led project) and the Geer Road Rehabilitation project.

Complete applications for this funding round are required to be submitted to StanCOG by September 19, 2025. In the past, StanCOG has set up the call for projects for CMAQ and STBG to include two (2) years of funding. However, this call for projects includes funding from CMAQ and STBG for a four (4) year period from Federal Fiscal Year (FFY) 2027 through FFY 2030. This additional funding round duration provides additional money this cycle, though it requires local agencies to plan improvements further out in order to submit applications for this four (4) year window. This four (4) year duration, coupled with a backlog of unspent funds from previous funding rounds, results in approximately $90.7M available to

Agenda Staff Report
9/9/2025
the region for awarded projects, with $41M available through CMAQ and $49.7M through STBG. If the entire $90.7M is awarded this funding round, then there would not be another call for projects until 2029 to prepare for the following funding round for FFY 2031. If there are insufficient projects awarded in this funding round, then StanCOG would need to issue another call for projects in order to award the remaining funds. Therefore, it may or may not be another four (4) years before the City may apply for grant funds under these federal grant programs.

StanCOG adopted its funding round guidelines with input from the region's agencies. The guidelines separate project types under each funding source into large project and small project categories, with large projects limited to $5M of federal grant money, and small projects limited to $2M of federal grant money.

There is a limit of three (3) applications per agency for projects in the large category and a limit of five (5) applications per agency for projects in the small category. However, Turlock was granted one (1) additional application per large and small category, provided that at least one (1) project for each category is for the benefit of Turlock Transit, as Turlock is the only agency in the region that is comprised of a local agency as well as a transit agency.

Therefore, Turlock is allowed to submit four (4) applications in the large category and six (6) applications in the small category.

City staff from relevant disciplines held a series of meetings to brainstorm and vet potential project application ideas. A list of approximately twenty-one (21) potential projects was created and was considered by staff as to which of these would likely result in relatively strong scoring per the funding guidelines while providing benefit to the City's infrastructure needs. The group narrowed down the list to ten (10) applications to be consistent with the maximum number of applications as set forth in the funding guidelines. The proposed list of project applications is provided in the resolution accompanying this staff report.

Council approval is not technically required to approve the list of projects prior to submitting funding applications, as the City Manager, Deputy City Manager, and the Municipal Services Director have been granted authority under Resolution 2025-001 to apply for federal or statefunded grants for capital improvement projects without separate approval from the City Council. However, given the length and amounts of this particular funding round, City staff desire to involve Council in the pre-application process; staff seek Council approval of the proposed list of project applications to submit in response to the Call for Projects for Congestion Mitigation and Air Quality Act (CMAQ) and Surface Transportation Block Grant (STBG) funding for Federal Fiscal Years 2027 through 2030, an affirmation of the importance of each listed project, and a commitment to provide the local match funding required to complete the project should the projects be awarded. The proposed list of project applications maximizes the number of allowable applications, maximizes the potential federal grant funding available, and includes those projects that are best positioned to score

Agenda Staff Report
9/9/2025
well given the evaluation criteria described in the funding guidelines. After applications are received by StanCOG and deemed complete, a scoring committee made up of staff from the region's local agencies and StanCOG will score each application. It is estimated that project scoring will be completed in November 2025 and that the project programming recommendation will be presented to the StanCOG policy board for adoption in December 2025.

Any project that successfully passes this evaluation will still be subject to the standard bid process outlined in Turlock Municipal Code § 2-9-05, with Council approval required for the associated project tasks.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The City is responsible to provide the balance of funding necessary for the completion of projects funded in part by federal grant funds. Project applications are scored highest when the local agency provides at least 20% of the total project cost. There is a slight reduction in points awarded to applications when the agency provides between 11.47% and 20% of the project cost. City staff are intending to submit applications such that local match dollars would constitute 11.48% to 20% of the total project cost, thereby securing 7 out of 10 points available for this scoring criteria. This approach allows for competitive application scoring and allows the City to leverage local funds to access federal funds.

The proposed source of local match funds to complete funding of projects that may be awarded appears in the proposed list of project applications included in the resolution accompanying this staff report, with the listed local match source being Measure A, Measure L, and Fund 426 (Transit) funds. Project estimates are not available at this stage, though staff estimates that the individual project total will be near to or just above the maximum grant amounts available for large and small projects, or $5M and $2M, respectively.

It is estimated that the costs associated with City staff generating the proposed list of applications and creating applications will range between $15,000 to $30,000.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

5. ATTACHMENTS:

1. Draft Resolution

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-

WHEREAS, StanCOG has issued a call for project applications for the Congestion Mitigation and Air Quality Program (CMAQ) and the Surface Transportation Block Grant Program (STBG) with applications due on September 19, 2025; and WHEREAS, CMAQ funds are directed to transportation projects and programs which contribute to emission reductions while STBG funds are directed to projects and programs for a variety of streets and road work; and
WHEREAS, StanCOG adopted funding round guidelines that separate project applications into large project and small project categories, with large projects limited to $5,000,000 of federal grant money, and small projects limited to $2,000,000 of federal grant money; and
WHEREAS, per the funding round guidelines, the City of Turlock is able to submit up to four (4) applications under the “large projects” category and six (6) applications under the “small projects” category; and
WHEREAS, the proposed list of project applications was created based on those projects that would likely result in relatively strong scoring per the funding guidelines while providing benefit to the City's greatest infrastructure needs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock as follows:

1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

2. This action is not a project under CEQA Guidelines Section 15378(b)(5) because the action 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. }
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}

IN THE MATTER OF APPROVING THE

PROPOSED LIST OF PROJECT

APPLICATIONS TO SUBMIT IN RESPONSE

TO THE CALL FOR PROJECTS FOR

CONGESTION MITIGATION AND AIR

QUALITY ACT (CMAQ) AND SURFACE

TRANSPORTATION BLOCK GRANT
(STBG) FUNDING FOR FEDERAL FISCAL
YEARS 2027 THROUGH 2030 AND

AFFIRMING THE IMPORTANCE OF EACH

LISTED PROJECT AND A COMMITMENT

TO PROVIDE THE LOCAL MATCH

FUNDING REQUIRED TO COMPLETE THE

PROJECT SHOULD THE PROJECTS BE

AWARDED

Resolution No. 2025-

3. The City Council hereby approves the proposed list of project applications, attached hereto as Exhibit A, to submit in response to the call for projects for Congestion Mitigation and Air Quality Act (CMAQ) and Surface Transportation Block Grant (STBG) funding for federal fiscal years 2027 through 2030 and affirms the importance of each listed project and a commitment to provide the local match funding required to complete the project should the projects be awarded.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of September, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

Resolution No. 2025-

EXHIBIT A
Project Name Project Description
Federal
Funding
Source
Local Match
Funding
Source(s)
Project
Category
Transit Operations Facility
Short term and overnight bus parking stalls with
overhead canopies; bus fueling infrastructure, a
building for operational purposes, ingress/egress
dedicated for transit, permiter fencing, lighting, and
security cameras, storage area
CMAQ
Fund 426 -
Transit
Large
Rehabilitation of Lander Ave.
(Bernell Ave. to N. Broadway
Ave.) and Olive Ave. (N.

Broadway Ave. to Golden State
Blvd.) Safety and Connectivity
Improvements - Roads Program
CIP
Roadway rehabilitation, improvement of traffic
operations, safety, and multimodal access along the
corridor.

STBG Measure A, Measure LLarge
Rehabilitation of Golden State
Boulevard from W. Tuolumne
Ave. to W. Monte Vista Ave.
(Segment 1) - Roads Program
CIP
Roadway rehabilitation, improvement of traffic
operations, safety, and multimodal access along the
corridor.

STBG Measure A, Measure LLarge
Rehabilitation of Golden State
Boulevard from W. Monte Vista
Ave. to W. Taylor Rd. (Segment
2) - Roads Program CIP
Roadway rehabilitation, improvement of traffic
operations, safety, and multimodal access along the
corridor.

STBG Measure A, Measure LLarge
Intersection Improvements at
Countryside Drive and Business
Entrances
Project was awarded CMAQ funding in a previous
round. This application to request additional
funding. Scope includes signalization of two
intersections at commerical driveways on
Countryside Drive north of Fulkerth Road,
synchronize traffic operations between the two
signals, construct curb access ramps per current
ADA standards
CMAQ Measure L Small
E. Olive Ave. Signalization
Improvements and Coordination
Signalization of E. Olive Ave. and N. Denair Ave.,
addition of vehicle detection to the Olive/Center and
Olive/Palm signalized intersections, signal
coordination on E. Olive Ave. of the intersections of
Golden State Blvd, Center St., N. Palm St., N.

Denair Ave., and Canal Dr., upgrading and modernizing traffic signal equipment within the project footprint
CMAQ Measure L Small
W. Main St. Signalization
Improvements and Coordination
Signalization of W. Main St. & Dianne Dr., signal
coordination on W. Main St. at the intersections of
Walnut Rd., N. Kilroy Road, Dianne Dr., S. Tegner
Rd., Fransil Lane, and upgrading and modernizing
traffic signal equipment within the project footprint
CMAQ Measure L Small
Transit Operating Assistance
Providing a fixed route to Denair and expanding on
demand service within the service area
CMAQ
Fund 426 -
Transit Small
Geer Road Corridor Safety
Improvements - Roads Program
CIP
Intersection and safety improvements along the
Geer Road Corridor from N. Golden State Blvd. to
Taylor Road.

STBG Measure A, Measure L Small
Rehabilitation of Fifth Street
from E. Linwood Ave. to F St. -
Roads Program CIP
Roadway rehabilitation and improvement of traffic
operations, safety, and multimodal access along the
corridor.

STBG Measure A, Measure L Small
City of Turlock Project Application List for Consgestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) Funding for FFY 2027-2030

City Council Staff Report
September 9, 2025
From: Sue Borrego, Interim City Manager
Prepared by: Jennifer Figueroa, Housing Program Manager Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program, CDBG-CARES (CDBG-CV), HOME Investment Partnership (HOME) Program, and HOME Investment Partnerships American Rescue Plan (HOME-ARP) Program and authorizing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the Interim City Manager to execute all related necessary documents.

2. NARRATIVE:

Prior to the end of each federal fiscal year, HUD requires jurisdictions to submit a Consolidated Annual Performance Evaluation Report (CAPER) in a reporting format required by HUD. This report details activities conducted and achievements made according to the Annual Action Plan and reports progress and accomplishments made toward fulfilling the goals of the Consolidated Plan during the reporting period. It is HUD’s direction that the Five-Year Consolidated Plan and the Annual Action Plans guide the allocation of resources and other investment decisions made by the City of Turlock (City) to assist low- and moderate-income residents and neighborhoods in Turlock. The CAPER then demonstrates how the resources were used in line with the priorities established in the Consolidated Plan.

The City of Turlock is an entitlement city for CDBG funds and served as the lead agency for HOME funds for the City of Turlock/Stanislaus County HOME Consortium (Consortium) through June 30, 2023. Consortium members include the jurisdictions of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, County of Stanislaus unincorporated areas, and Waterford.

This required report discusses program outcomes for the 2024-2025 fiscal year utilizing the Federal Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program funds.

The City's Consolidated Plan identifies as high priority needs: Public infrastructure, Affordable Housing, Public Services, Community Emergency Responses (CDBG-CARES) and Homeless services. Consistent with the priorities outlined in the Consolidated Plan, during the 2024-2025 fiscal year, the City undertook the following activities:
• The City continued to administer a First Time Home Buyers Program, which offers low-interest loans to eligible low-income, first-time homebuyers. The program is funded with HOME, CalHome, and State Home. During Fiscal Year 2024-2025, the City provided six (6) first-time homebuyer loans using HOME funds in partnership with

Agenda Staff Report
9/9/2025
Self-Help Enterprises. Additionally, staff revised the First Time Homebuyer program guidelines to enhance its effectiveness and obtained City Council approval for the updated program on July 10, 2025.
• The City continued offering a Housing Rehabilitation Program for both owner and renter-occupied homes, for the repair of homes within the City to assist incomeeligible clients including the elderly, handicapped and other special needs populations, to improve housing conditions. The City offered loans and grants to maintain single and multifamily affordable housing stock. During this past fiscal year, the department provided one combined loan to one resident using CDBG funds. • The City rehabilitated a City-owned four-plex unit using funds from the HOME and Permanent Local Housing Allocation (PLHA) programs. Upon completion, the property was transferred to a nonprofit organization to be operated as affordable rental housing for 55 years. The four (4) units are currently occupied by: one (1) single-parent household earning at or below 30% of Area Median Income (AMI), one (1) single-parent household earning at or below 50% AMI, one (1) family of three earning at or below 80% AMI, and a senior couple earning at or below 80% AMI. • The City continued offering Public Service grants to assist agencies to provide assistance to low- and moderate-income persons who are in need of services such as food, shelter, and youth services. Seven (7) Public Service grants were awarded to qualifying non-profit agencies. A total of $63,777 was expended and a total of 779 unduplicated clients were served. The agencies provided services that were consistent with the goals and objectives of the Consolidated Plan and served lowand moderate-income households/persons in Turlock. Services included a shelter for homeless adult men, senior meals, emergency food boxes, youth recreation, homeless youth outreach, housing-related services for those who identify as victims of domestic violence, and housing resource services.

3. FISCAL IMPACT / BUDGET AMENDMENT:

There is no fiscal impact associated with this action.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

5. ATTACHMENTS:

1. 2024-25 CAPER Resolution

Agenda Staff Report
9/9/2025

2. CAPER 2024-2025 -DRAFT

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE } RESOLUTION NO. 2025-
FISCAL YEAR 2024-2025 CONSOLIDATED }
ANUUAL PERFORMANCE AND }
EVALUATION REPORT (CAPER) FOR THE }
COMMUNITY DEVELOPMENT BLOCK }
GRANT (CDBG) PROGRAM, CDBG CARES }
(CDBG-CV), HOME INVESTMENT }
PARTNERSHIP (HOME) PROGRAM, AND }
HOME INVESTMENT PARTNSHIPS }
AMERICAN RESCUE PLAN (HOME-ARP) }
AND AUTHORIZING SUBMISSION OF THE }
CAPER TO THE UNITED STATES }
DEPARTMENT OF HOUSING AND URBAN }
DEVELOPMENT (HUD), AND AUTHORIZING }
THE INTERIM CITY MANAGER TO }
EXECUTE ALL RELATED NECESSARY }
DOCUMENTS. }
_____________________________________ }
WHEREAS, the City of Turlock receives federal grant funds from the United States Department of Housing and Urban Development (HUD) for affordable housing and related activities for low- and moderate-income residents within the City of Turlock; and
WHEREAS, the City of Turlock is an entitlement City under the Community Development Block Grant (CDBG); and
WHEREAS, the City of Turlock, as the former Lead of the City of Turlock/Stanislaus County HOME Consortium is responsible for management and expenditures of funding from the grants received from fiscal year 2000-2001 through 2022-2023; and
WHEREAS, the Housing and Community Development Act of 1974, as amended, requires local governments to formulate a Consolidated Plan as part of the eligibility requirements for CDBG and HOME funds; and
WHEREAS, the Consolidated Plan is a five-year strategy to address community needs as identified by staff and community residents; and WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) is the tool used by HUD to report on the progress made in accomplishing the goals set forth in the Five (5) year Consolidated Plan and in the Annual Action Plan for the CDBG, CDBG-CARES, and HOME funds; and
WHEREAS, this report discusses program outcomes for the 2024-2025 fiscal year utilizing Community Development Block Grant (CDBG) and HOME Investment

Resolution No. 2025-

Partnerships (HOME) program funds; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program, CDBG-CARES (CDBG-CV), HOME Investment Partnership (HOME) Program, and HOME Investment Partnerships American Rescue Plan (HOMEARP) and authorizing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the Interim City Manager to execute all related necessary documents.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 23rd day of September, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
_
Nichole Fiez, City Clerk,
City of Turlock, County of
Stanislaus, State of California

CAPER Fiscal Year 2024-2025 -Draft 1 City of Turlock

Consolidated Annual Performance and
Evaluation Report (CAPER)
Fiscal Year 2024-2025
(July 1, 2024 through June 30, 2025)
City of Turlock and
Turlock/Stanislaus County HOME Consortium

Prepared by:

City of Turlock
Housing Program Services Division
156 South Broadway, Suite 140, Turlock, CA 95380
(209) 668-5610, Fax (209) 668-2120, TDD 1 800 735-2929
Website: www.cityofturlock.org
Approval by Council on September 09, 2025

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft Page 2

HOME CONSORTIUM MEMBERS

CITY OF CERES
Mayor Javier Lopez
Vice Mayor Daniel A. Martinez
Councilmember James Casey
Councilmember Rosalinda L. Vierra
Councilmember Cerina Otero
www.ci.ceres.ca.us

CITY OF HUGHSON
Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Susana Vasquez
Councilmember Julie Ann Strain
Councilmember Alan McFadon
www.cityofhughsonca.gov

CITY OF NEWMAN
Mayor Casey Graham
Councilmember Scott Ball
Councilmember Shane Tomlinson
Councilmember Gisel Pimentel
Councilmember Matthew Harden
www.cityofnewman.com

CITY OF OAKDALE
Mayor Cherilyn Bairos
Councilmember Christopher Smith
Councilmember Jeff Kettering
Councilmember Kayleigh Gilbert
Councilmember Jarod Pitassi
www.oakdalegov.com

CITY OF PATTERSON
Mayor Michael Clauzel
Councilmember Gabriela Hernandez
Councilmember Jessica Romero
Councilmember Kendra Mora
Councilmember Carlos Roque
www.ci.patterson.ca.us

CITY OF RIVERBANK
Mayor Rachel Hernandez
Vice Mayor Cindy Fosi
Councilmember Luis Uribe
Councilmember John Pimentel
Councilmember Stacy Call
www.riverbank.org

STANISLAUS COUNTY

BOARD OF SUPERVISORS
District 1 Buck Condit
District 2 Vito Chiesa
District 3 Terry Withrow
District 4 Mani Grewal
District 5 Channce Condit
www.stancounty.com

CITY OF TURLOCK
Mayor Amy Bublak
Vice Mayor Rebecka Monez
Councilmember Kevin Bixel
Councilmember Cassandra Abram
Councilmember Erika Phillips
www.cityofturlock.org

CITY OF WATERFORD
Mayor Charlie Goeken
Vice Mayor Jamie Hilton
Councilmember Guadalupe Gutierrez
Councilmember Christine Harris
Councilmember Elizabeth Talbott
www.cityofwaterford.org

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 3
Table of Contents
Introduction ................................................................................................................ 4 CR-05 Goals and Outcomes .............................................................................................. 5 CR-10 Racial and Ethnic composition of families assisted ............................................... 11 CR-15 Resources and Investments ................................................................................. 12 CR-20 Affordable Housing ............................................................................................... 18 CR-25 Homeless and Other Special Needs ..................................................................... 20 CR-30 Public Housing ..................................................................................................... 22 CR-35 Other Actions ........................................................................................................ 23 CR-40 Monitoring ............................................................................................................ 26 CR-45 CDBG .............................................................................................................. 27 CR-50 HOME .............................................................................................................. 27 Attachments
Attachment 1- IDIS CDBG PR26 Report
Attachment 2- Public Notices
Attachment 3- Public Service Projects
Attachment 4- IDIS CDBG-CV PR26 Report

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 4
Introduction
The 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) constitutes the fifth reporting period (from July 1, 2024 to June 30, 2025) of the Five-Year Consolidated Planning period. The City of Turlock (City) is the recipient of federal Community Development Block Grant (CDBG) funding including CDBG CARES (CDBG-CV), and served as the lead agency for the City of Turlock/Stanislaus County HOME Investment Partnerships Program (HOME) Consortium (Consortium) through June 30, 2023. Beginning July 1 ,2023, Stanislaus County took over as the lead agency for the Consortium. The United States Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis.

HUD requires the City to prepare and submit a Consolidated Plan and Annual Action Plans to inform HUD on how the allocated grant funding will be used. At the end of each fiscal year, HUD requires this annual CAPER report, to report on the progress made in accomplishing the goals set forth in the Consolidated Plan and Annual Action Plan for CDBG and HOME funds.

The City utilized other Federal, State and local
resources, including PLHA, CalHome and Successor
Agency funds to address housing and community
development priority needs identified in the
Consolidated Plan. The CAPER identifies the
programs and activities the City undertook during the
Program Year (also known as fiscal year) to meet
underserved needs identified in the Consolidated
Plan. In addition, the CAPER discusses the actions
the City took to address the following: lead based
paint hazards, barriers to affordable housing,
households at or below the poverty level and housing
resource services.

Stanislaus County is recognized as an eligible Urban
County by the U.S. Department of Housing and Urban
Development (HUD). The Urban County is
comprised of Stanislaus County unincorporated
communities and the Cities of Ceres, Hughson,
Newman, Oakdale, Patterson, Riverbank, and
Waterford, collectively hereafter referred to as the
Stanislaus Urban County. The City of Turlock
partnered with the Stanislaus Urban County to form
the City of Turlock/Stanislaus County HOME
Consortium (Consortium).

As the lead agency through June 30, 2023, the City of Turlock administered the HOME program for the Stanislaus Urban County and reported comprehensive HOME activity for the partnering jurisdictions as part of the City of Turlock’s CAPER. As the lead agency effective July 1, 2023, Stanislaus County undertook these responsibilities.

Recurring Acronyms in this Report:
 AAP- Annual Action Plan
 CAPER-Consolidated Annual Performance
and Evaluation Report
 CDBG- Community Development Block Grant
 CDBG-CV- Community Development Block
Grant-CARES
 CHDO- Community Housing Development
Organization
 CoC- Continuum of Care
 Consortium- City of Turlock/Stanislaus County
HOME Consortium
 ESG- Emergency Shelter Grant
 FTHB- First Time Home Buyer
 FY – Fiscal Year (July 1 to June 30). Also known
as the Program Year.
 HOME- HOME Investment Partnership Program
 HOME-ARP- HOME Investment Partnership
Program-American Rescue Plan.
 HUD- Housing and Urban Development
 IDIS- Integrated Disbursement and Information
System
 PI- Program Income (revenue from grant funds)
 SRHA-Stanislaus Regional Housing Authority

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 5
The City of Turlock and Consortium have successfully completed the fifth year of its FY 2020- 2021 to FY 2024-2025 Consolidated Plan. The Plan is a reflection of the Consortium partners’ community vision and outlines priority needs, goals and objectives adopted to achieve the vision.

The overall goal of the community planning and development programs covered in the Plan is to develop viable communities by providing decent, safe and sanitary housing; promoting suitable living environment and expanding economic opportunities for low- and moderate-income persons.

This CAPER also provides a summary of the resources available, the programmatic accomplishments in affordable housing, and the community development activities during the 2024-2025 fiscal year (July 1, 2024 through June 30, 2025) for the City of Turlock and the City of Turlock/Stanislaus County HOME Consortium.

Specific Fiscal Year 2024-2025 projects and their accomplishments are identified in the respective program sections of this document. The format of this document is designed after a HUD document template that includes a series of questions in relation to specific funding programs (CDBG, HOME, etc.). Responses to those questions are provided directly below each question.

CR-05 – Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

This report discusses program outcomes for the 2024-2025 fiscal year utilizing Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). The City of Turlock is a direct entitlement jurisdiction of CDBG funds and served as the lead agency for HOME funds for the City of Turlock/Stanislaus County HOME Consortium (Consortium) through June 30, 2023.

The City continues to make progress with these funds with the increase to the supply of affordable housing, homeownership, rehabilitation, public facilities, and increasing public services. The City works toward improving access to housing resource services. In addition to the data provided below, this CAPER discusses affordable housing outcomes, homelessness and special needs activities, and other City actions in furtherance of the City's HUD Annual Plan Goals and Objectives.

Consistent with the priorities outlined in the Consolidated Plan, during the 2024-2025 fiscal year, the City and the Consortium undertook the following activities that addressed the housing needs:
 FTHB Program: The City continued to administer a First Time Home Buyers (FTHB) Program for low-income, first-time homebuyers with low interest loans to qualified clients for the purchase of a home. The City of Turlock utilized various resources including the HOME Program, and CalHome to fund the program.

Turlock provided nine First Time Home buyer loans. Six of these loans were

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 6
provided with HOME funding and three using CALHome funding. Consortium members did not provide any First Time Home buyer loans.  Rehabilitation Program: The City continued to offer a Housing Rehabilitation Program for the repair of homes within the City to assist income eligible clients including the elderly, handicapped and other special needs to improve housing conditions. The program was able to provide one owner-occupied rehabilitation loan for fiscal year 2024-2025.

The City rehabilitated a City-owned four-plex unit using funds from the HOME and Permanent Local Housing Allocation (PLHA) programs. Upon completion, the property was transferred to a nonprofit organization to be operated as affordable rental housing for 55 years. The four units are currently occupied.

Five single family units that had been acquired between 2020 and 2022 have been rehabilitated or are in the process of rehabilitation. Three single family units are in the process of being sold to First Time Home Buyers and the remaining two single family units are in the process of being transferred to Non-Profits to provide affordable rental housing in fiscal year 2025-2026.  Public Service Grants: The City provides funding annually to non-profit agencies to provide public service activities. A total of seven (7) Public Service grants were awarded to qualifying non-profit agencies.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 7
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Admin Administration Other Other N/A N/A N/A N/A N/A N/A Community
Emergency
Response
Program
Non-Housing
Community
Development
Public Service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 150 39 26.00% 0 0 0%
Improve
Infrastructure
and Public
Facilities
Non-Housing
Community
Development
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 400 0 0.00% 0 0 0%
Increase and
Improve Supply
of Affordable
Housing
Affordable
Housing
Rental units
rehabilitated
Household
Housing
Unit
40 4 10% 10 4 40%
Increase and
Improve Supply
of affordable
Housing
Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
50 15 30.00% 14 1 7.14%

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 8
Increase and
Improve Supply
of affordable
Housing
Affordable
Housing
Direct Financial
Assistance to
Homebuyers
Households
Assisted 50 8 16% 12 6 50%
Provide Public
Services
Homeless NonHomeless
Special Needs
Public service
activities other
than
low/Moderate
Income Housing
Benefit
Persons
Assisted 3500 4,325 123.57% 300 779 259.67%
Provide Public
Services
Homeless NonHomeless
Special Needs
Public Service for
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 0 0 0.00% 0 0 0%
Work to End and
Prevent
Homelessness
Homeless
Homeless
Person Overnight
Shelter
Persons
Assisted 1000 1453 143.3% 300 237 79%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 9
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City's Consolidated Plan identifies Affordable Housing, Homeless Services, Public Infrastructure, and Public Services as high priority needs. Consistent with the priorities outlined in the Consolidated Plan, during the 2024-2025 fiscal year, the City undertook the following activities that addressed the housing needs:
 The City continued to administer a First Time Home Buyers Program for low-income firsttime homebuyers which provides low interest loans to qualified clients. The program is funded with HOME, CalHome, and State Home. The City assisted nine homebuyers this fiscal year. Staff continues to market the program with realtors and lenders.  The Consortium members continued to administer First Time Home Buyers Programs to provide down payment assistance to low income buyers using HOME funds. Consortium members were not able to assist any clients. Due to the high cost of housing in Stanislaus County the annual expected progress toward the program goal was not reached. Staff continues to market the program with realtors and lenders.  Staff continues to market the Rehabilitation program to reach the strategic plan goals.  The City continued offering a Housing Rehabilitation Program for both owner and renter occupied homes, for the repair of homes within the City to assists income eligible clients including the elderly, handicapped and other special needs, improving housing conditions.

The City offers loans and grants to maintain single and multifamily affordable housing stock. The City completed one home-owner occupied rehabilitation project. The City of Turlock completed the rehabilitation of an affordable housing four-plex project which was transferred to a non-profit to provide affordable rental housing.  The City continued offering Public Service grants to assist agencies to provide assistance to low- and moderate-income persons who are in need of services such as food, shelter, and youth services. A total of seven (7) Public Service grants were awarded to qualifying non-profit agencies totaling $64,500, of that $63,776.75 was expended. The agencies provided services that were consistent with the goals and objectives of the Consolidated Plan and served low- and moderate-income households/persons in Turlock. Services included shelter for homeless adults, senior meals, emergency food boxes, youth recreation, homeless youth outreach, shelter for survivors of domestic violence, sexual assault and human trafficking, and housing resource services.  The City will continue to encourage private, for-profit and non-profit developers to construct affordable rental housing utilizing Low-income Housing Tax Credits, HOME, Mortgage Revenue Bonds, Section 202 and the Affordable Housing Goals outlined in the Housing Element. The City may provide incentives such as impact fee deferrals/financing and density bonuses to assist developers in achieving affordable rents.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 10
 Community Development Block Grant -CARES (CDBG-CV) Program The city has two ongoing public facilities improvement projects to include improve ventilation and air filtration systems and ADA improvements for improved access. The public facilities projects will be completed in Fiscal Year 2025-2026.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 11
CR-10 – Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)

CDBG HOME ESG
White PS 621 2 0
Black or African American PS 62 0 0
Asian PS 42 0 0
American Indian or American Native PS 11 0 0
Native Hawaiian or Other Pacific Islander PS 5 0 0
American Indian or Alaska Native & white PS 2 0 0
Asian & White PS 0 0 0
Black or African American & White PS 0 0 0
American Indian or Alaska Native & White PS 0 0 0
Balance/Other
Rehab 1
PS 36 4 0
Total 779 0 N/A
Hispanic P/S 354 6 0
Not Hispanic
Rehab 1
PS 425 0 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The City of Turlock and Consortium identifies priority needs and offers services and programs to eligible households regardless of race or ethnicity. This table is generated by the HUD CAPER template and the information reported reflects demographic information provided by participants and recorded in the HUD reporting system. The City of Turlock does not receive Emergency Shelter Grant (ESG) funding.

Through Turlock’s CDBG Public Service Grants, non-profit agencies served a total of 779 unduplicated clients. Of the 779 clients served, 621 were White, 62 were Black or African American, 42 were Asian, 11 were American Indian/Alaskan Native, 5 were Native Hawaiian or Other Pacific Islander, 2 were American Indian or Alaska Native & White, 0 were Asian and White, 0 were Black or African American & White, 0 were American Indian or Alaska Native & Black or African American and 36 were Other breakdowns.

Other statistics identified included 81 clients that were female head of household, 209 clients that were over 62 years old, and 240 clients were people with disabilities.

According to the April 1, 2020 Census, persons who categorized themselves as white (single race) represented 58.1 percent of the Turlock population versus 81.8 percent of the Stanislaus County population. In the City, 44.4 percent of the population are of Hispanic origin (of any race), versus 50.9 percent in the County. For more detailed demographic information, see the census website at http://census.gov.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 12
CR-15 – Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Federal 1,558,623 615,913
HOME Federal 6,303,644 615,316
HOME-ARP Federal 5,015,135 17,833
Other (CDBG-CV) Federal 759,023 111,264
Table 3 - Resources Made Available

Narrative
The City of Turlock receives entitlement Community Development Block Grant (CDBG) funds. The City of Turlock/Stanislaus Urban County HOME Consortium receives HOME Investment Partnerships Program (HOME) funds. The City of Turlock does not receive Emergency Shelter Grant (ESG) funding.

Identify the geographic distribution and location of investments Target Area Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Ceres 10 0 No projects completed
Hughson 14 0 No projects completed
Newman 10 0 No projects completed
Oakdale 09 0 No projects completed
Patterson 09 0 No projects completed
Riverbank 09 0 No projects completed
Turlock 16 100 Rehab projects
Unincorporated Stanislaus County 09 0 No projects completed Waterford 14 0 No projects completed
Table 4 – Identify the geographic distribution and location of investments Narrative
The City of Turlock utilized resources from the Federal government, to support housing and community development activities during fiscal year 2024-2025. These resources were leveraged with investments made by private and non-profit organizations. The following section describes each funding source used during the year.

HUD requires expenses, activities, and accomplishments to be logged into its computerized online reporting system known as the Integrated Disbursement and Information System (IDIS).

Expenses in the IDIS reports may not correspond to numbers in this CAPER report due to funds not being drawn down within the fiscal year. CDBG funding expenditures are summarized in the

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 13
IDIS PR26 report attached to this CAPER report. Turlock does not fund the activities in IDIS until the project draws are internally processed.

Community Development Block Grant (CDBG) Program
CDBG funds are made available to the City on an entitlement basis. The City's entitlement allocation is based on a HUD formula. In Fiscal Year 2024- 2025, the allocation was $621,578.

The allocation was appropriated for a variety of housing-related and community development projects benefitting low and moderate-income families.

Community Development Block Grant -CARES (CDBG-CV) Program In Fiscal Year 2024-2025, the CDBG-CV amount available was $759,023. CDBG-CV Administrative funds in the amount of $8,951 were utilized and $102,313 was utilized in delivery fees for two ongoing public facilities improvement projects to include improve ventilation and air filtration systems and ADA improvements for improved access. The remaining $547,759 will be utilized in Fiscal Year 2025-2026 to complete the public facilities projects.

HOME Investment Partnership (HOME) Program
In Fiscal Year 2023-2024, Stanislaus County became the lead of the Consortium.

Housing Choice Voucher (previously known as Section 8 rental assistance) The Stanislaus Regional Housing Authority administers the Housing Choice Voucher rental subsidy program for Stanislaus County jurisdictions, including the City of Turlock. The program is a federally funded, locally administered rental assistance program for low-income families, senior citizens, persons with disabilities, and veterans.

State Funding Sources (CalHome, State HOME, Permanent Local Housing Allocation (PLHA)) The State of California Department of Housing and Community Development (HCD) is the State agency that provides funding for different affordable housing projects and programs. The City of Turlock was awarded CalHome and State HOME funds and uses them for First Time Home Buyer down payment assistance. In addition, the City was awarded PLHA funds and has used them for rehabilitation and will be utilizing these funds for owner-occupied rehabilitation and First Time Home Buyer down payment assistance.

Emergency Solution Grant (ESG)
The City of Turlock does not receive ESG funding.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 14
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The City has actively sought funding sources in addition to CDBG and HOME to leverage its resources. Funds which were available during the fiscal year were CalHome, State HOME, Lowincome Housing Tax Credits, Successor Agency funds, PLHA funds, and local developer contributions.

State Funding- CalHome
The City applied for and was awarded the 2008, 2011, and 2012 CalHome funds to provide First Time Home Buyer (FTHB) loans. In fiscal year 2024-2025, 3 loans were provided. A total of 53 loans have previously been provided using the CalHome grant funds. The CalHome grants have expired, but the City will be able to use loan payment revenue (reuse funds) for future loans.

State Funding- State Home Program
The City applied for and was awarded several State HOME grants to fund First Time Home Buyer (FTHB) loans prior to becoming a Consortium member. The City utilizes program income generated from past loan payments to provide additional first-time home buyer loans to qualified clients in accordance with the grant requirements.

Consortium Leveraging
For the Turlock/Stanislaus County HOME Consortium, each member jurisdiction historically has leveraged their HOME allocation with local Redevelopment Agency funds/Successor Agency funds, Low Income Housing Tax Credits, CalHome, Neighborhood Stabilization Program (NSP) and Housing Choice Voucher funds (previously known as Section 8). Consortium members include the jurisdictions of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, County of Stanislaus unincorporated areas, and Waterford. Stanislaus County's jurisdiction is comprised of the unincorporated County containing sixteen communities.

Matching for the HOME Program
Unless granted a waiver, the Consortium must match 25 cents for each dollar of HOME funds spent on affordable housing. Match contributions made in excess of match obligations may be carried forward as match credit toward meeting obligations incurred in future years. The match is tracked by Federal fiscal year (October 1-September 30). Eligible forms of matching contributions are regulated by HUD. Consortium members take advantage of eligible sources of matching towards projects to meet the matching requirements. See the table below for HOME matching information.

Fiscal Year Summary – HOME Match

1. Excess match from prior Federal fiscal year 4,665,381

2. Match contributed during current Federal fiscal year 0

3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 4,665,381

4. Match liability for current Federal fiscal year 0

5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 4,665,381 Table 5 – Fiscal Year Summary - HOME Match Report

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 15
Match Contribution for the Federal Fiscal Year
Project No.
or Other ID
Date of
Contributio
n
Cash
(nonFederal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastruc
ture
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
None N/A 0 0 0 0 0 0 None
Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount expended for
TBRA
$
Balance on hand at
end of reporting
period
$
_
Table 7 – Program Income

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 16
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White
NonHispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black
NonHispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprise
s
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 – Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanic Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 17
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanic Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 18
CR-20 – Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to
be provided affordable housing units 0 0
Number of Special-Needs households to
be provided affordable housing units 4 4
Total 4 4
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported
through Rental Assistance 20 0
Number of households supported
through The Production of New Units 0 0
Number of households supported
through Rehab of Existing Units 3 1
Number of households supported
through Acquisition of Existing Units 0 0
Total 23 1
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

Turlock’s Strategic Plan outlines the City’s plans to assist in the development of affordable housing through First Time Home Buyer loans under the HOME program. Due to market housing availability and prices, most home purchase prices in Turlock exceed the maximum purchase price allowed by United States Department of Housing and Urban Development (HUD). Buyers find it difficult to locate a property within their price range. To help our buyers, the City prepared a market study, to increase the purchase price limit.

Due to the high cost to construct affordable housing (i.e., land, construction, permit fees, etc.) the annual allocation of CDBG funding is not sufficient to meet our community’s need for affordable housing development.

To increase affordable housing units, the City acquired properties in prior fiscal years which consist of multi-family and single-family units. The rehabilitation of a four-plex was completed in fiscal year 2024-2025 and was transferred to a non-profit agency to provide affordable rental housing for 55 years. The remaining rehabilitations are expected to be completed in fiscal year 2025-2026.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 19
Discuss how these outcomes will impact future annual action plans.

The City will continue to focus CDBG and HOME dollars where they will do the most good for the low and moderate households. The City will continue to look for additional resources to support affordable housing.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income (under 30%) PS 545 + 1 Rehab 0
Very Low-income (31-50%) PS 168 2
Low to Moderate-income (51-80%) PS 51 4
Moderate-income (above 80%) PS 15 0
Total PS 779 Rehab 1 6
Table 13 – Number of Persons Served
Narrative Information
Consistent with the priorities outlined in the Consolidated Plan, the City undertook the following activities that addressed the housing needs during the 2024-2025 fiscal year:

 The City continued to administer a First Time Home Buyers (FTHB) down payment assistance program for low-income households with low interest loans. The program utilizes various home purchase assistance resources including the HOME, State Home, and CalHome funding. Turlock was able to fund 6 FTHB loans utilizing HOME and 3 FTHB loans utilizing CalHome funding.
 The Consortium members offered a First Time Home Buyers (FTHB) down payment assistance program for low-income households which provide low interest loans. The program utilized HOME funding. No homebuyers were assisted.  The City offered Public Service grants to seven (7) eligible non-profit agencies through CDBG funding to provide services to eligible clients.
 The City continued to administer a Housing Rehabilitation Program, which is for repair of homes within the City to assists households at 80% or below of the Stanislaus County Median Area Income including elderly, handicapped and other special needs. One household was assisted.
 The Consortium offered a Housing Rehabilitation Program, which is for repair of homes for the consortium members within their City to assist elderly, handicapped and other special needs, improving housing conditions. No households were assisted.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 20
CR-25 – Homeless and Other Special Needs 91.220(d,e);

91.320(d,e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Throughout Fiscal Year 2024-2025, the City of Turlock utilized Community Development Block Grant (CDBG) funds for Public Services to implement strategies to assist in addressing the City's Homeless population. This Fiscal Year, United Samaritans Foundation and We Care of Turlock received CDBG public services funding to provide homeless prevention, case management, food boxes, shelter, and re-housing services.

Center for Human Services provided Youth Street Outreach and engagement services targeting unaccompanied Turlock youth, ages 12-24 who are experiencing homelessness and are unsheltered. They partnered with other outreach teams and engaged youth experiencing homelessness.

Family Promise is an interfaith hospitality network of local congregations that help reduce homelessness by providing the necessary resources to assist families transition from homelessness to self-sufficiency. Turlock has assisted Family Promise with three affordable housing units for housing of their clients.

HAVEN Women’s Shelter provides shelter to assist individual &/or households experiencing domestic violence, sexual assault, and human trafficking. In addition to shelter, they advocate, provide support groups, legal services, and a clothes closet. The city has been able to assist HAVEN by providing an office space and a single-family home for sheltering of their clients.

We Care Emergency shelter provides homeless men with an alternative to sleeping on the street and access to housing programs that can assist them to move out of their present state of homelessness. We Care also provides a case manager for Permanent Supportive Housing to help those who want to move out of their present situation. The City has been able to assist We Care by providing two four-plex units, and 2 single-family dwellings to provide affordable rental housing.

The Consortium, in collaboration with the Stanislaus County Continuum of Care (CoC) has been making efforts to reduce chronic homelessness. The CoC developed a system for coordinated intake, assessment and referral that fully complies with the requirements of the CoC.

Through the use of its own Emergency Shelter Grant (ESG) funds, the Stanislaus Urban County provided funding to the CoC to assist with Homeless Management Information System (HMIS) data entry. This effort allowed client data from non-HUD funded homeless service providers to enter into HMIS, which will allow the CoC’s homeless data collection to act as a much more valuable tool for tracking individuals patterns into and out of homelessness.

Overall, the sub-committee made great strides toward improving data quality and the

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 21
consistency of the intake process for shelter, homeless prevention, and rapid rehousing activities.

Addressing the emergency shelter and transitional housing needs of homeless persons Throughout Fiscal Year 2024-2025, the City of Turlock utilized CDBG Public Service grant funds to help implement strategies to assist in addressing the City's Homeless population. This Fiscal Year, We Care of Turlock provided an emergency shelter for men over 18 years of age from July 17, 2024 through June 30, 2025 with a limit of 49 beds. Warm meals were provided nightly by churches, organizations and individual families.

Also, Turlock Gospel Mission (TGM), in collaboration with faith-based groups, operated an emergency shelter for homeless women, women with children, and men in Turlock. TGM can serve up to 80 individuals. They provided food and other services to clients to help them find needed assistance. In addition, the City has worked with Family Promise, a family shelter, transitional housing and support service provider to add two units of transitional housing for homeless families.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The City of Turlock provided public service grant funds to non-profit agencies that provided food, shelter, and other services that assisted persons to prevent homelessness. The City of Turlock is a member of the Stanislaus County Continuum of Care (CoC) which works with multiple agencies in the county. The CoC continues to make progress toward the ultimate goal of reducing the homeless population through a combination of efforts including emergency shelters, case management, supportive services, permanent supportive housing, rental assistance and transitional housing programs.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In Fiscal Year 2024-2025, the City of Turlock partnered with non-profit service providers through the Community Development Block Grant (CDBG) Public Services Grant Program to provide direct and indirect services to homeless persons and families.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 22
We Care of Turlock received CDBG Public Services funding to provide homeless prevention, case management and re-housing services. They provided guidance to assist clients with needs to get them closer to being able to participate in transitional housing opportunities.

Center for Human Services provided Youth Street Outreach and engagement services targeting unaccompanied Turlock youth, ages 13-24 who are experiencing homelessness and are unsheltered. They partnered with other outreach teams and engaged youth experiencing homelessness.

The City of Turlock is a member of the Stanislaus County Continuum of Care (CoC) which works with multiple agencies in the county. The CoC continues to make progress toward the ultimate goal of reducing the homeless population through a combination of efforts including emergency shelters, case management, supportive services, permanent supportive housing, rental assistance and transitional housing programs.

CR-30 – Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Turlock actively partners with the Continuum of Care (CoC) in all activities related to improving public housing and resident initiatives.

In California, public housing is administered directly through local Public Housing Authorities (PHAs). The Stanislaus Regional Housing Authority (SRHA) is the largest landlord of multifamily and single household public housing units for the lower income population of Stanislaus County. The SRHA is committed to provide decent affordable housing to its residents and in doing so, the SRHA keeps public housing units in favorable conditions so that its residents have a safe and healthy living environment.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not administer Public Housing Authority (PHA) funds, or have any oversight over PHA tenants, it has no actions directed specifically to public housing residents.

Actions taken to provide assistance to troubled PHAs
Since the City does not administer Public Housing Authority (PHA) funds, it does not evaluate the status or condition of PHAs.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 23
CR-35 – Other Actions 91.220(j)-(k); 91.20(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City has worked to eliminate internal barriers to the development of affordable housing through the following continuing efforts:
 The City’s CDBG Public Services allocations reflect the City’s priorities in meeting underserved needs, such emergency shelter, homelessness prevention and rapid rehousing, food security, and youth.  Providing funding for land acquisition, secondary financing, and infrastructure costs;  Assisting qualified households to purchase homes utilizing the homebuyer assistance programs; and
 Continuing to work with non-profit housing agencies in the provision of supportive services and programs.

There is an ongoing gap in the availability of services across most categories of underserved needs, including seniors, persons with disabilities, individuals with chronic illness, persons with other conditions affecting their ability to function independently and productively, foster youth, and homeless. The City continues to look at all avenues to ameliorate barriers to affordable housing. In addition, there is a need to link access to supportive services to affordable and appropriate housing.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of Turlock partnered with Stanislaus County to prepare the Analysis of Impediments to Fair Housing (AI) and the Consolidated Plan to help address these needs. Staff reviewed the information and formulated actions to assist in addressing obstacles in meeting underserved needs.

For Fiscal Year 2024-2025, Turlock offered a total of $70,000 in Public Service funds that were allocated based on a competitive grant process to which public service providers had the opportunity to apply for grants. A total of seven (7) grants were awarded to non-profits to provide services such as food assistance, shelter, recreation, homeless youth outreach, and shelter services for survivors of domestic violence.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Health Services Agency of Stanislaus County is the lead agency for Stanislaus County in the identification, documentation and prevention of lead poisoning. The Childhood Lead Poisoning Prevention Program of Stanislaus County, administered through the Health Services Agency, becomes involved with childhood lead-based poisoning when notification of an

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 24
elevated screening blood level is received either from the laboratory or physician. If the blood level is 10ug/dL (micrograms per deciliter), notification is made to the family. Once a child meets the case definition, an environmental investigation is performed by a Registered Environmental Health Specialist to determine, if possible, the source of lead exposure. The Stanislaus County Health Services Agency, in partnership with the Department of Environmental Resources, conducts the investigation of residences where children with elevated levels of lead reside.

The lead-based paint regulation that became effective April 22, 2010 added a requirement that requires contractors bidding on rehabilitation of homes built prior to 1978 provide documentation of Environmental Protection Agency (EPA) Lead Renovation and Repair and Painting certification. During the implementation of local housing rehabilitation programs, appropriate steps are taken when the presence of lead-based paint is detected. Steps include full encapsulation, complete abatement (removal), painting or spot repair (as per HUDsponsored abatement course protocol).

The City continued to provide information regarding lead-based paint hazards to City of Turlock program participants and enforce these requirements.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) To reduce the number of persons living under poverty level, the City of Turlock in collaboration with the City of Modesto and Stanislaus County continued its partnership with local agencies and the Continuum of Care (CoC) to provide services and resources for families in need. As well as provide a portion of Community Development Block Grant (CDBG) funding to various nonprofits that have a proven track record of assisting the homeless on their path towards employment and full-time housing.

Providing opportunities for low-income families to improve their economic status is an area of focus for the City, and is reflected in the City’s Strategic Plan. The City leverages its federal grant funds from CDBG to increase the supply of affordable housing in our community. While the production and preservation of affordable housing on its own will not raise people’s income or exit them from poverty, it contributes to stabilizing living expenses for low-income families, so that they have more discretionary income for other living expenses.

During fiscal year 2024-2025 the City allocated a total of $70,000 in CDBG funds to communitybased organizations for various programs including; assisting individuals and families experiencing homelessness or at risk of experiencing homelessness and low- and moderateincome individuals and families to achieve self-sufficiency.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City works closely with Stanislaus County and its Urban County member cities. Staff from each jurisdiction meet on a regular basis to discuss relevant issues impacting all programs, receive training, and consolidate processes. Staff trade email on issues as they arise and seek help from each other to address pressing requirements of the programs. Staff from all the jurisdictions attend HUD sponsored training on an as needed basis, providing more depth in each agency's institutional knowledge and structure. These activities bring staff up-to-date on changes in federal program requirements, policy initiatives, and implementation guidance.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 25
One of the major issues seen in the community among the existing varies non-profit agencies is lack of funding. Capacity building of local nonprofits has also become an important issue for the Stanislaus Urban County and other entitlement cities. The City of Turlock is working to assist agencies with capacity building. One of the methods the City of Turlock has used is acquiring properties that will be resold to non-profit agencies for affordable rental housing. The Stanislaus Urban County also has an excellent working relationship with both the cities of Turlock and Modesto, which are separate CDBG entitlement jurisdictions, to strategically prioritize projects and programs more efficiently and effectively for the region.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City and County participate in the Continuum of Care (CoC), which establishes homeless policy for the use of federal funds. The organization provides structure for grant applications, funds the Homeless Management Information System (HMIS), and provides performance data to the County. The County and the City of Modesto are entitlement cities for the receipt and management of Emergency Solutions Grant (ESG) funds.

The City of Turlock participates in the Turlock Community Collaborative. Collaborative members include religious, non-profit, for-profit, and governmental agencies (local government and educational institutions). The Collaborative looks at coordinating efforts by its members to help in resolving immediate needs of the community. These needs may include food, shelter, counseling, medical, and education.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City of Turlock partnered with Stanislaus County to prepare the Analysis of Impediments to Fair Housing (AI).

The City of Turlock provided a RFP (Request for Proposal) and planned for $10,000 in public service grants for fair housing. The City has maintained fair housing information and resource links on the City website and has handouts and information available with fair housing information and resources in the office.

The City provides funds for a First Time Home Buyers (FTHB) down payment assistance program to help provide access to affordable housing. City staff provides realtors, lenders, and clients with program information and education to assist buyers in accessing available programs.

The City has actively sought funding sources in addition to CDBG and HOME to leverage its resources to provide affordable housing opportunities, such as Cal Home and PLHA.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 26
CR-40 – Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City regularly monitors progress on activities carried out in the Annual Action Plan to ensure compliance with program requirements. Evaluation took place during the application and funding process, and after agreements have been executed. Funding and service agreements set clear performance measures, reporting procedures, timeliness, and budgets on set goals measured by accomplishments. City staff regularly monitored compliance on contracting requirements and performance goals through the implementation and review of quarterly performance reports, and reimbursement requests. Where higher risks were considered to be present, program staff worked more closely with the agencies during on-site visits to ensure that the project moved forward as smoothly as possible. City staff provided feedback to agencies regarding areas of concern, and findings where corrective action or improvements were required.

Staff also meets periodically with Consortium members to review financial items, update activity statuses, and complete project documentation. This ensures that all statutory and regulatory requirements are being met and that performance reports and all other information submitted to HUD is correct and complete.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

Prior to the CAPER submission, the City publishes an English and Spanish public notice in a local newspaper of general distribution in Stanislaus County advising residents of the availability of the CAPER for public review and comment. The CAPER is available from the Housing Division office and it is posted on the City's website. The public can submit comments at the City offices or email them to the contact listed in the ad. Ad copies are attached to this report.

Public outreach has been held in accordance with the City and the Consortium’s Citizen Participation Plan to provide an opportunity for community input regarding what services, projects, or activities the City undertook using Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 27
CR-45 – CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City has had no changes in program objectives during the program year. The City will consider potential changes to the plans for future program years to alleviate the problems experienced in the reporting process. HUD staff will be consulted for advice on how to proceed with any changes as needed.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
CR-50 – HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

The Housing Division provided onsite monitoring for the majority of these HOME Investment Partnership Program (HOME) projects this fiscal year. Due to staff shortages, the City was unable to monitor all properties as planned. Monitoring will continue to be conducted in the 2025-2026 fiscal year.

Member Projects:
209 3rd Street
808-810 S Soderquist Rd
736/738 Park St (2 units)
1540 Springville Way
Avena Bella Phase II 500 W Linwood
1480 Lambert
Ceres Farm Labor Projects
Newman Family Apartments in Newman
Las Palmas Senior Apartments in Patterson
1205 Lambert

CHDO projects:
401 N. Broadway
412 Montana
546 South Rose

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 28
581 and 583 Columbia St.
1061 Alpha Road
1318 S Canal (senior) Crane Terrace
1401 Apple Lane/ 420 Montana
1441 Apple Lane
Heritage Oaks Senior Housing-Oakdale
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b)
In general, the City is proactive in encouraging participation in each housing program or project. Advertisements occur in local circulations, social media, public presentations and events, and through housing providers. In regard to rental projects with five or more units, the City continually takes 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. Display of the Equal Housing Opportunity logo is included in each public notice, on the city’s website and in program advertisements. Fair Housing Poster is posted in each jurisdiction’s Housing office.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics During the FY 2024-2025, $189,720.01 was received in program income and recaptured funds from HOME projects. Program income is applied to projects as draws are processed.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) Housing Choice Voucher Funds (previously known as Section 8): The Stanislaus Regional Housing Authority administers the Housing Choice Voucher program for the City and provides rent subsidies.

Low-Income Housing Tax Credits (LIHTC): The federal 4% and 9% LIHTC is the principal source of funding for the construction and rehabilitation of affordable rental homes. They are a dollar-for-dollar credit against federal tax liability.

HUD VASH: The Stanislaus Regional Housing Authority administers the VASH vouchers from the U.S. Department of Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH) program for their efforts to house homeless veterans in Stanislaus County. The vouchers are provided to eligible veterans and non-profit agencies serving veterans.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 29
Attachment: CDBG PR26 Report

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 30
Comment Period Proof of Publication & Summary of Public Comments The Report was presented at the Public Hearing to Turlock City Council on September 09, 2025 at 6:00 p.m.: 156 South Broadway, Turlock, CA 95380 in the Yosemite Conference room/council chambers. Approximately xx persons plus city staff were in attendance.

Comments:

Public Comments made at 09/09/2025 Council meeting:

1. Pending
Other comments received: xx additional comments were received through the comment period of August 22, 2025 and up until the council meeting on September 08, 2025.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 31
Attachment: Public Notices
This ad was run in the Modesto Bee on August 22, 2025.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 32
Attachment: Public Notices
This ad was run in the Modesto Bee on August 22, 2025.

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 33
Attachment
FY 2024-2025 1 2 3 4 5 6 7
Public Service
Projects We Care Program-Turlock -We Care Emergency Shelter United Samaritans Foundation -Emergency Food Box United Samaritans Foundation -Senior Congregate Lunch Center for Human Services -Street Youth Outreach/Navigation City of Turlock Recreation -Recreation for All Scholarship Healthy Alternatives to Violent Environmanets (HAVEN) -Housing Assistance Project Sentinel -Fair Housing Totals IDIS Number
Funding
Budgeted Amount $ 4,500.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 64,500.00 Funded Amount $ 4,500.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 64,500.00 Returned Funds $ 0.00 0.00 0.00 723.25 0.00 0.00 - 723.25 Net Funds Received $ 4,500.00 10,000.00 10,000.00 9,276.75 10,000.00 10,000.00 10,000.00 63,776.75 Income Breakdowns
Extremely low 0-30% 215 294 5 3 2 13 13 545
Very Low 31-50% 16 111 15 1 24 1 - 168
Low/Mod 51-80% 2 26 10 - 13 - - 51
Above 80% - 1 3 - 11 - - 15
Total Served 233 432 33 4 50 14 13 779
Race/Ethnicity Breakdowns
White 186 364 30 4 18 9 10 621
Black or African 24 33 2 - 2 1 - 62
Asian 3 39 - - - - - 42
American
Indian/Alaskan Native 1 6 1 - - - 3 11
Native Hawaiian or
Other Pacific Islander 2 3 - - - - - 5
American Indian or
Alaska Native & White - 1 - - - 1 - 2
Asian & White - - - - - - - -
Black or African
American & White - - - - - - - -
American Indian or
Alaska Native & Black or
African American - - - - - - - -
Balance/Other 2 1 - - 30 3 - 36
Total Served 233 432 33 4 50 14 13 779
Hispanic 72 225 10 2 40 2 3 354
Other Statistics -
Female Head of - 36 - 2 28 11 4 81
Over 62 years old 40 136 33 - - - 209
People with Disabilities 140 83 9 1 1 3 3 240
Homeless persons 233 N/A N/A 4 N/A N/A - 237
Homeless persons
assisted with special unknown unknown unknown unknown unknown unknown unknown - Contract number 2025-005 2025-002 2025-003 2025-006 2025-004 2025-008 2025-007 Purchase order number 2025-703 2025-718 2025-719 2025-0692 N/A 2025-721 2025-720

City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 34
Attachment

City Council Staff Report
September 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Charlotte Calvario, Engineering Project Coordinator Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement with Pacific Polymers Inc., of Herald, California in the amount of $272,000.00 and authorizing a construction contingency amount of $27,200.00 (10%), for City Project No. 24-042 “Senior Center Roof & HVAC Replacement”
Resolution: Determining the award of bid for construction of City Project No. 24-042 “Senior Center Roof & HVAC Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 of the CEQA guidelines

2. NARRATIVE:

The Senior Center features both a pitched roof and flat roof. The flat roof has experienced persistent issues over the years, particularly with water intrusion during the rainy seasons.

In response to these issues, the City contracted with CentiMark to perform critical repairs to the Senior Center roof. These repairs were substantial and successfully mitigated immediate risks of further leakage.

The repairs completed by CentiMark were never intended to be a long-term solution. Both the flat roof system and mechanical units have reached the end of their service lives and are well overdue for full replacement. This project includes the complete removal and replacement of the existing flat roof system, as well as the replacement of three rooftop HVAC units. These improvements are essential to maintaining a safe, dry, and comfortable environment for the seniors and community members who rely on the facility.

City staff advertised this project on August 6th, 2025 through the Turlock Journal and on the City’s website for construction projects. On August 27th, 2025, seven (7) bid proposals were received for City Project No. 24-042 “Senior Center Roof & HVAC Replacement.” Pacific Polymers Inc. of Herald, California, was the lowest responsible bidder with a base bid amount of $252,000.00.

The bid documents included an additive bid alternate that may be incorporated into the base bid price at City’s option. If accepted, the additive bid alternate would upgrade the roof materials from a single ply PVC membrane roofing system with a 20 year warranty to a 2 ply Ketone Ethylene Ester (KEE) with a 30 year warranty.

Bid Summary:

Bidder Base Bid Amount Additive Bid Alternate
Amount
Pacific Polymers Inc. $252,000.00 $20,000.00

Agenda Staff Report
9/9/2025
Irish Heat and Air $272,755.00 $20,000.00
Premier Roofing of California $280,000.00 $200,000.00
Advanced Roofing Oakdale $284,720.19 $166,520.00
Durable Cool Roofs Inc. $364,490.00 $0.00
Champion Industrial Contractors, Inc. $450,423.00 $166,520.00 Fresno Roofing Co. Inc. $562,455.00 $142,735.00
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with Pacific Polymers Inc. of Herald, California as the lowest responsive, responsible bidder with a base bid amount of $252,000. Staff recommends approval of the additive bid alternate, which increases the base bid amount by $20,000, resulting in a contract amount of $272,000.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

CP 24-042
Senior Center Roof and HVAC Replacement
Preliminary Engineering
- City Staff $35,000
Construction Contract
- Pacific Polymers Inc. $272,000
Construction Contingency for potential change
orders $27,200
Construction Admin/Management
- City Staff $15,000
Building Permit $2,000
Testing - Hazardous Materials $750
Total Estimated Project Cost $351,950
CP 24-042
Senior Center Roof and HVAC Replacement
Project expenses in FY 24-25 $35,750
Estimated project expenses in FY 25-26 $316,200
Total Estimated Project Cost $351,950
The designated project account is Fund 258 “Housing Stimulus Funds” account number 258- 41-498.47218_002 “Public Improvements Senior Center.” There is adequate budget for

Agenda Staff Report
9/9/2025
estimated project expenses in Fiscal Year 2025-26, and no additional budget allocation 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 improvements only.

5. ATTACHMENTS:

1. Draft Resolution

2. 24-042 Bid Summary

3. City Contract 2026-058 with Pacific Polymers Inc.

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-XXX
WHEREAS, City Project No. 24-042 “Senior Center Roof & HVAC Replacement” includes the replacement of the flat roof and three HVAC units at the Turlock Senior Center; and
WHEREAS, the scope of work involves replacement of existing improvements only.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for construction of City Project No. 24-042 “Senior Center Roof & HVAC Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of September, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

IN THE MATTER OF DETERMINING THE

AWARD OF BID FOR CONSTRUCTION OF
CITY PROJECT NO. 24-042 “SENIOR
CENTER ROOF & HVAC REPLACEMENT”

IS EXEMPT FROM THE PROVISIONS OF

CEQA IN ACCORDANCE WITH SECTION
15302 OF THE CEQA GUIDELINES
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CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: Senior Center Roof & HVAC Replacement
PROJECT NUMBER: 24-042
BID OPENING:
10:30 AM
ANTICIPATED COUNCIL AWARD DATE: Date of Council Meeting Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization & Demobilization LS 1 $20,000.00 $20,000.00 2,000.00 $ 2,000.00 $ 4,000.00 $ 4,000.00 $ 145,000.00 $ 145,000.00 $ - $ - $ 2 Roof Demolition LS 1 $55,000.00 $55,000.00 9,000.00 $ 9,000.00 $ 28,352.00 $ 28,352.00 $ 10,000.00 $ 10,000.00 $ 22,786.75 $ 22,786.75 $ 3 Allowance for Repairs ALLOW 1 $10,000.00 $10,000.00 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 1,500.00 $ 1,500.00 $ 10,000.00 $ 10,000.00 $ 4 Flat Roof Replacement - 60 mil PVC LS 1 $165,000.00 $165,000.00 136,000.00 $ 136,000.00 $ 92,450.00 $ 92,450.00 $ 20,000.00 $ 20,000.00 $ 84,367.43 $ 84,367.43 $ 5 Remove miscellaneous roof appurtenances LS 1 $5,000.00 $5,000.00 1,000.00 $ 1,000.00 $ 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 13,510.79 $ 13,510.79 $ 6 Roof Walkway Pads LS 1 $500.00 $500.00 1,000.00 $ 1,000.00 $ 7,500.00 $ 7,500.00 $ 2,500.00 $ 2,500.00 $ 4,180.00 $ 4,180.00 $ 7 Senior Center HVAC Unit 1 - 7.5 Ton (East Side) LS 1 $20,387.00 $20,387.00 18,000.00 $ 18,000.00 $ 32,051.00 $ 32,051.00 $ 35,000.00 $ 35,000.00 $ 20,786.00 $ 20,786.00 $ 8 Senior Center HVAC Unit 1 - 7.5 Ton (West Side) LS 1 $20,387.00 $20,387.00 18,000.00 $ 18,000.00 $ 32,051.00 $ 32,051.00 $ 35,000.00 $ 35,000.00 $ 20,786.00 $ 20,786.00 $ 9 Senior Center HVAC Unit1 - 3.5 Ton (East Side) LS 1 $14,000.00 $14,000.00 18,000.00 $ 18,000.00 $ 24,051.00 $ 24,051.00 $ 20,000.00 $ 20,000.00 $ 18,301.07 $ 18,301.07 $ 10 Senior Center - MAU Evaporative Cooler LS 1 $10,000.00 $10,000.00 18,000.00 $ 18,000.00 $ 15,000.00 $ 15,000.00 $ 2,500.00 $ 2,500.00 $ 8,602.15 $ 8,602.15 $ 11 Mechanical Equipment Screening LS 1 $10,000.00 $10,000.00 18,000.00 $ 18,000.00 $ 14,000.00 $ 14,000.00 $ 2,500.00 $ 2,500.00 $ 81,400.00 $ 81,400.00 $ 12 Roof Curbs for HVAC LS 1 $5,000.00 $5,000.00 2,000.00 $ 2,000.00 $ 6,800.00 $ 6,800.00 $ 5,000.00 $ 5,000.00 $ - $ - $ 13 All other work not included in other bid items LS 1 $5,000.00 $5,000.00 1,000.00 $ 1,000.00 $ 4,000.00 $ 4,000.00 $ - $ - $ - $ - $ Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization & Demobilization LS 1 $20,000.00 $20,000.00 7,325.00 $ 7,325.00 $ 2,500.00 $ 2,500.00 $ 8,200.00 $ 8,200.00 $ 2 Roof Demolition LS 1 $55,000.00 $55,000.00 43,013.00 $ 43,013.00 $ 57,040.00 $ 57,040.00 $ 43,500.00 $ 43,500.00 $ 3 Allowance for Repairs ALLOW 1 $10,000.00 $10,000.00 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 4 Flat Roof Replacement - 60 mil PVC LS 1 $165,000.00 $165,000.00 122,402.00 $ 122,402.00 $ 155,480.00 $ 155,480.00 $ 205,560.00 $ 205,560.00 $ 5 Remove miscellaneous roof appurtenances LS 1 $5,000.00 $5,000.00 7,325.00 $ 7,325.00 $ 1,067.00 $ 1,067.00 $ 3,500.00 $ 3,500.00 $ 6 Roof Walkway Pads LS 1 $500.00 $500.00 7,325.00 $ 7,325.00 $ 8,625.00 $ 8,625.00 $ 6,700.00 $ 6,700.00 $ 7 Senior Center HVAC Unit 1 - 7.5 Ton (East Side) LS 1 $20,387.00 $20,387.00 27,000.00 $ 27,000.00 $ 22,000.00 $ 22,000.00 $ 46,000.00 $ 46,000.00 $ 8 Senior Center HVAC Unit 1 - 7.5 Ton (West Side) LS 1 $20,387.00 $20,387.00 27,000.00 $ 27,000.00 $ 22,000.00 $ 22,000.00 $ 46,000.00 $ 46,000.00 $ 9 Senior Center HVAC Unit1 - 3.5 Ton (East Side) LS 1 $14,000.00 $14,000.00 15,000.00 $ 15,000.00 $ 13,000.00 $ 13,000.00 $ 30,800.00 $ 30,800.00 $ 10 Senior Center - MAU Evaporative Cooler LS 1 $10,000.00 $10,000.00 14,000.00 $ 14,000.00 $ 13,090.00 $ 13,090.00 $ 11,300.00 $ 11,300.00 $ 11 Mechanical Equipment Screening LS 1 $10,000.00 $10,000.00 73,350.00 $ 73,350.00 $ 126,406.00 $ 126,406.00 $ 130,350.00 $ 130,350.00 $ 12 Roof Curbs for HVAC LS 1 $5,000.00 $5,000.00 7,000.00 $ 7,000.00 $ 3,950.00 $ 3,950.00 $ 14,750.00 $ 14,750.00 $ 13 All other work not included in other bid items LS 1 $5,000.00 $5,000.00 3,750.00 $ 3,750.00 $ 15,265.00 $ 15,265.00 $ 5,795.00 $ 5,795.00 $ $ 166,520.00
Additive Bid Alternate Total = - $ 166,520.00 $ 142,735.00 $ ENGINEER'S EST.

Base Bid Total = 340,274.00 $
Additive Bid Alternate Total = 20,000.00 $ 20,000.00 $ 200,000.00 $ 5 6 7
DURABLE COOL ROOFS, INC.

FRESNO, CA
$ 364,490.00

CHAMPION INDUSTRIAL
CONTRACTORS, INC.
$ 450,423.00
FRESNO ROOFING CO., INC.

FRESNO, CA
$ 562,455.00
Base Bid Total =
August 27, 2025

ADVANCED ROOFING
OAKDALE, CA ENGINEER'S EST. PACIFIC POLYMERS INC.HERALD, CA

IRISH HEAT AND AIR

TURLOCK, CA

PREMIER ROOFING OF
CALIFORNIA | POWAY, CA
$ 252,000.00 340,274.00 $ 272,755.00 $ 280,000.00 $ 284,720.19 $ 1 2 3 4

CITY CONTRACT NO. 2026-058 1
CITY PROJECT NO. 24-042
Rev. 04/09/2025

AGREEMENT

FOR PUBLIC IMPROVEMENT
City Project No. 24-042
Senior Center Roof & HVAC Replacement
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Pacific Polymers Inc., DBA American Foam Experts, a Nevada corporation, (“Contractor”), on this 9th day of September 2025 (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Senior Center Roof & HVAC 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 September 9, 2025, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

CITY CONTRACT NO. 2026-058 2
CITY PROJECT NO. 24-042
Rev. 04/09/2025
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock for Senior Center Roof & HVAC 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

CITY CONTRACT NO. 2026-058 3
CITY PROJECT NO. 24-042
Rev. 04/09/2025
diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and, in the manner, designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Senior Center Roof & HVAC 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 Seventy-Two Thousand Dollars ($272,000.00) (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.

CITY CONTRACT NO. 2026-058 4
CITY PROJECT NO. 24-042
Rev. 04/09/2025

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of Thirty (30) 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-Five (45) 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

CITY CONTRACT NO. 2026-058 5
CITY PROJECT NO. 24-042
Rev. 04/09/2025
which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.

Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. (c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

CITY CONTRACT NO. 2026-058 6
CITY PROJECT NO. 24-042
Rev. 04/09/2025
If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to 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 Five Hundred and no/100ths Dollars ($500.00) 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.

CITY CONTRACT NO. 2026-058 7
CITY PROJECT NO. 24-042
Rev. 04/09/2025
(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 District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect

CITY CONTRACT NO. 2026-058 8
CITY PROJECT NO. 24-042
Rev. 04/09/2025
or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the City Standards in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.

Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).

Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be

CITY CONTRACT NO. 2026-058 9
CITY PROJECT NO. 24-042
Rev. 04/09/2025
required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.

10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.

Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor

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shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.

Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

12. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection

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will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.

Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

If any accident occurs in connection with the Contract, Contractor shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

15. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the

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Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract.

It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (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

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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 completed operations aggregate 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 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.
(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. (c) Commercial Auto Insurance. Contractor shall maintain commercial auto liability coverage for owned, non-owned, and hired autos 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) per accident.

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] Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The policy shall be provided for replacement value on an "all-risk" basis.

City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. The policy must include: (1) coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties

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constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City.
(e) Contractors Pollution Insurance. [Intentionally Omitted] (f) Professional Liability Insurance. [Intentionally Omitted] (g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
(h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (i) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval. (j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.

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(l) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall 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. (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

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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.

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.

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(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: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: Pacific Polymers Inc., DBA American Foam Experts David Nyman
P.O. Box 190
Herald, CA 95638
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

26. City Contract Administrator: The City’s contract administrator and contact person for this Agreement is:

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Charlotte Calvario
City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-6029
E-mail: [email protected]

27. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

28. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.

29. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.

30. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

31. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

32. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

33. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

34. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written

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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 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.

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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 39 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.

PACIFIC POLYMERS INC., DBA CITY OF TURLOCK, a California municipal AMERICAN FOAM EXPERTS, corporation
a Nevada corporation
By: ____________________________ By: _____________________________ Susan E. Borrego, 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

CITY CONTRACT NO. 2026-058 22
CITY PROJECT NO. 24-042
Rev. 04/09/2025

EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES

CITY CONTRACT NO. 2026-058 23
CITY PROJECT NO. 24-042
Rev. 04/09/2025

CITY CONTRACT NO. 2026-058 24
CITY PROJECT NO. 24-042
Rev. 04/09/2025

CITY CONTRACT NO. 2026-058 25
CITY PROJECT NO. 24-042
Rev. 04/09/2025

CITY CONTRACT NO. 2026-058 26
CITY PROJECT NO. 24-042
Rev. 04/09/2025

CITY CONTRACT NO. 2026-058 27
CITY PROJECT NO. 24-042
Rev. 04/09/2025

CITY CONTRACT NO. 2026-058 28
CITY PROJECT NO. 24-042
Rev. 04/09/2025

CITY CONTRACT NO. 2026-058 29
CITY PROJECT NO. 24-042
Rev. 04/09/2025

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

CITY CONTRACT NO. 2026-058 30
CITY PROJECT NO. 24-042
Rev. 04/09/2025

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
(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;

CITY CONTRACT NO. 2026-058 31
CITY PROJECT NO. 24-042
Rev. 04/09/2025
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.

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.

CITY CONTRACT NO. 2026-058 32
CITY PROJECT NO. 24-042
Rev. 04/09/2025

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
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

CITY CONTRACT NO. 2026-058 33
CITY PROJECT NO. 24-042
Rev. 04/09/2025

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

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

CITY CONTRACT NO. 2026-058 34
CITY PROJECT NO. 24-042
Rev. 04/09/2025
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.

CITY CONTRACT NO. 2026-058 35
CITY PROJECT NO. 24-042
Rev. 04/09/2025

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: ( )

CITY CONTRACT NO. 2026-058 36
CITY PROJECT NO. 24-042
Rev. 04/09/2025

EXHIBIT D

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to Pacific Polymers Inc., DBA American Foam Experts, hereinafter designated as the “Principal,” a contract for Project No. 24- 042, “Senior Center Roof & HVAC 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. 2026-058 37
CITY PROJECT NO. 24-042
Rev. 04/09/2025
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. 2026-058 38
CITY PROJECT NO. 24-042
Rev. 04/09/2025

EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to Pacific Polymers, Inc.

DBA American Foam Experts, hereinafter designated as the “Principal”, a contract for Project No.24-042, “Senior Center Roof & HVAC 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. 2026-058 39
CITY PROJECT NO. 24-042
Rev. 04/09/2025
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 Council Staff Report
September 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Oscar Molina, Assistant Engineer
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Rejecting all bids submitted for City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility"

2. NARRATIVE:

The purpose of this project is to improve restrooms and building accessibility to accommodate individuals with disabilities at both the Senior Center and the Marty Yerby Recreational Facility.

The main elements of the scope of work for this project consist of:

Senior Center
• Remove and replace all exterior doors and frames with new hollow metal doors and frames
• Provide an automatic door opener at two of the building entrances to allow access in accordance with the Americans with Disabilities Act (ADA) • Install touchless faucets and toilets in the restrooms • Remove and replace an existing drinking fountain
Marty Yerby Recreational Facility
• Remove all Fiber Reinforced Plastic (FRP) wall treatments in the restrooms and install tile on walls and floors
• Remove and replace all restroom plumbing fixtures with touchless style fixtures • Remove stall partitions and convert the male and female restrooms into two unisex restrooms to allow for access in accordance with ADA
• Modify the existing front door entrance to provide an automatic door opener to allow access in accordance with ADA
• Install new lighting, lighting controls, and exhaust fans in the restrooms City of Turlock (City) staff advertised this project on August 14, 2025 through the City's website for construction projects. On August 26, 2025, one (1) bid was received for City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility." Creative Property Renewal, Inc of Stockton, California, was the sole responsible bidder with a bid amount of $236,000.

Agenda Staff Report
9/9/2025
# BIDDER BID AMOUNT
1 Creative Property Renewal $236,000
The Engineer's Estimate (EE) for construction of this project was $129,780. Because only bid one was received and is 82% higher than the EE, staff recommends that the most costeffective approach to deliver the project is to reject the bid and re-advertise the project with a minimum 21 day bid period to include a pre-bid meeting. This will allow for greater exposure of the project to potential bidders than what was the case with the first bidding period of 12 days and should encourage greater competition and better pricing.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund Money will be used for this project.

The designated project account numbers for the design phase of this project are split evenly between Fund 258 “Housing Stimulus Funds” account numbers 258-41-498.47218_001 "Public Improvements Marty Yerby" and 258-41-498.47218_002 "Public Improvements Senior Center." The great majority of design costs were expended in Fiscal Year 2024- 2025. Staff will bring forth a detailed breakdown of all project costs at a future time when requesting award of bid after re-advertising the project for new bids.

City staff recommends rejecting the bid received for City Project No. 24-036 “Renovations at Senior Center and Marty Yerby Recreational Facility” as it is anticipated that re-advertising the project with an extended advertisement period and pre-bid meeting will result in cost savings and project pricing closer to the Engineer’s Estimate. The fiscal impact associated with re-advertising the project is minimal and anticipated to cost approximately $1,000 in advertising fees and staff time.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

5. ATTACHMENTS:

1. Bidder's Summary

CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: Renovations at Senior Center and Marty Yerby Recreational Facility PROJECT NUMBER: 24-036
BID OPENING:
1:00 PM
ANTICIPATED COUNCIL AWARD DATE: 9/9/2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 $ 5,000.00 $ 5,000.00 $ 8,500.00 $ 8,500.00 2 Remove Existing Improvements LS 1 $ 4,550.00 $ 4,550.00 $ 3,750.00 $ 3,750.00 3 Hollow Metal Doors, Frames, and
Hardware EA 6 $ 2,400.00 $ 14,400.00 $ 1,000.00 $ 6,000.00 4 Access and Actuators EA 2 $ 1,450.00 $ 2,900.00 $ 1,000.00 $ 2,000.00 5 Openers EA 2 $ 3,000.00 $ 6,000.00 $ 2,000.00 $ 4,000.00 6 Allowance - Wall Paint ALLOW 1 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 7 Tile LS 1 $ 9,000.00 $ 9,000.00 $ 250.00 $ 250.00
8 Painting Interior LS 1 $ 3,500.00 $ 3,500.00 $ 23,000.00 $ 23,000.00 9 Paint Doors EA 4 $ 180.00 $ 720.00 $ 937.50 $ 3,750.00 10 Mechanical - Plumbing Connections EA 14 $ 2,000.00 $ 28,000.00 $ 1,285.71 $ 18,000.00 11 Mechanical - Drinking Fountain LS 1 $3,400.00 $ 3,400.00 $5,750.00 $5,750.00 12 Electrical - J Box EA 2 $1,000.00 $ 2,000.00 $350.00 $700.00 13 Electrical - Electrical Metallic Tubing LS 1 $1,000.00 $ 1,000.00 $2,500.00 $2,500.00 14 Any Work Not Included in the Bid Items
Above LS 1 $0.00 $ - $1,500.00 $1,500.00
Base Bid Total = $ 83,200.00
Creative Property Renewal, Inc.

August 26, 2025
Senior Center
1 ENGINEER'S EST.
$ 83,970.00

Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 2 Remove Existing Improvements LS 1 $ 4,550.00 $ 4,550.00 $ 12,000.00 $ 12,000.00 3 Access and Actuators EA 1 $ 2,400.00 $ 2,400.00 $ 1,000.00 $ 1,000.00 4 Openers EA 1 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 5 Wall Modification LS 1 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 6 Occupant Load Sign LS 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 7 Painting Interior Walls and Ceiling LS 1 $ 3,500.00 $ 3,500.00 $ 10,000.00 $ 10,000.00 8 Tile Installation LS 1 $ 9,000.00 $ 9,000.00 $ 36,000.00 $ 36,000.00 9 Paint Doors EA 2 $ 180.00 $ 360.00 $ 2,500.00 $ 5,000.00 10 Mechanical - Plumbing Connections EA 4 $ 2,000.00 $ 8,000.00 $ 8,750.00 $ 35,000.00 11 Electrical - Electical Metallic Tubing LS 1 $1,000.00 $ 1,000.00 $21,800.00 $21,800.00 12 Electrical - J Box EA 1 $1,000.00 $ 1,000.00 $1,000.00 $1,000.00 13 Exhaust Fans EA 2 $1,000.00 $ 2,000.00 $3,000.00 $6,000.00 14 Any Work Not Included in the Bid Items
Above LS 1 $0.00 $ - $0.00 $0.00
Base Bid Total =
Marty Yerby
ENGINEER'S EST. Creative Property Renewal, Inc.
1 $ 45,810.00 $ 152,800.00