Turlock City Council
October 14, 2025

Ordinance No. 13XX-CS

when that massage is accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license.
(m) "On-site massage" shall mean a massage given to an individual who remains fully clothed during the massage and at a location other than a massage business or massage establishment, and is limited to massages that take place at malls, business offices, sports complexes, convention centers and public events. (n) "Operator" or "massage business operator" shall mean any and all owners of a massage business.
(o) "Out-call massage" shall mean engaging in or carrying on of massage for compensation in a location other than a duly licensed massage establishment. (p) "Owner" shall mean any of the following:
(1) The sole proprietor of a massage business or massage establishment; or (2) Any person who is a general partner of a general or limited partnership that owns a massage business; or
(3) Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage business; or
(4) Any person who is a member of a limited liability company that owns a massage business; or
(5) Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage business. (q) “Permittee” or “Massage Business Permittee" shall mean any person who receives from the City of Turlock a Massage Business Permit pursuant to Section 6-9-205. (r) "Person" shall mean any individual.
(s) "Reception area" shall mean the area immediately inside the front door of the massage establishment, dedicated to the reception and waiting of clients and visitors of the massage establishment, which is not a massage room or otherwise used for the provision of massage services.
(t) “Salon” shall mean a business that offers a variety of services intended to meet personal needs of individuals such as hair cutting, hairdressing, hair design, manicures and pedicures, and massage.
(u) "Sole-Proprietorship" shall mean a massage business where the owner owns onehundred percent (100%) of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC

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certificate, and has no other employees or independent contractors that perform massage for the business.
(t) "Spa" or "Day Spa" shall mean a business that offers a variety of services intended to meet personal needs of individuals such as skin treatment, manicures and pedicures and massage.
6-9-103 Exemptions.

The provisions of this Chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Physicians, surgeons, nurses, chiropractors, osteopaths, acupuncturists, podiatrists, physical therapists, who are duly licensed to practice their respective professions, in the State of California under the provisions of Division 2 (commencing with section 500) of the Business and Professions Code.
(b) Persons operating or employed at hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State of California. (c) Trainers of any amateur, semi-professional or professional athlete or athletic team, so long as such persons' practice of massage is limited to such athletes and athletic teams.
(d) Persons operating or employed at athletic clubs or fitness facilities, where such facility is designed and equipped for indoor sports, exercise, or physical education, and where massage services are provided to members of such facilities. (e) Barbers, cosmetologists, or estheticians who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber's, cosmetologist's, and esthetician's state license.
(f) Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training wherein the student receives school credit, operated by the school, without receiving any form of compensation, including tips, on the premises of a massage establishment duly authorized to operate in the City.
(g) Persons performing a therapeutic modality for which the state does not offer licenses or certification under the provisions of Division 2 (commencing with section 500) of the Business and Professions Code and the modality is performed with minimal touching and the client remains fully clothed at all times, such as Reiki, Reflexology, Rolfing or the Bowen Technique.
6-9-104 Out-Call Massage and On-Site Massage Restrictions.

Ordinance No. 13XX-CS

(a) No person or massage business shall perform either on-site massage or out-call massage for compensation without possessing a CAMTC certificate in conjunction with a valid City Business License.
(b) Out-call massage shall not be performed unless authorized in writing by a physician, surgeon, chiropractor or osteopath duly licensed to practice in the State of California. (c) Out-call massage and on-site massage shall only be conducted between the hours of 8:00 a.m. and 8:00 p.m.
(d) Out-call massage or on-site massage shall not be conducted in the following locations:
(1) A hotel/motel room or any other similar location used primarily for transitory habitation purposes.
(2) The residence of the out-call or on-site massage therapist. 6-9-105 Health and Safety Requirements for all Massages.

All massage establishment owners, operators, employees, sole proprietors, independent contractors and any person performing massage within the City shall comply with all of the following health and safety requirements. (a) Massage establishments and massage therapists shall at all times have an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels, non-disposable coverings, and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate receptacles.
(b) In the massage establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day when the premises are open, with a hospital-grade disinfectant. Bathtubs shall be thoroughly cleaned with a hospital-grade disinfectant after each use. All walls, ceilings, floors and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.
(c) All equipment used in the massage establishment shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage techniques shall not be used on more than one (1) client unless they have been sterilized, using standard sterilization methods.
(d) No massage establishment shall have any alcohol for consumption or illegal controlled substance on the premises at any time except for those massage establishments who obtain authorization from the Chief of Police and any licenses from

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the State of California Department of Alcohol Beverage Control that may be necessary to provide alcohol to a client as a part of the establishment's services. (e) No massage shall be given by any massage therapist who is consuming, or under the influence of, any alcoholic beverage or illegal controlled substance. (f) No massage shall be given unless the client's genitalia and female breasts are, at all times, fully covered. Genitalia shall include the genitals, anus, and perineum of any person. No massage shall be provided to a client for sexual gratification by intentional contact, or occasional and repetitive contact with the client's genitalia or female breasts either covered or uncovered.
(g) No massage therapist or massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to prospective Clients that services prohibited by this Chapter are available nor shall any massage therapist or massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this Chapter.
(h) A massage therapist shall not violate the provisions of sections 647(a) (soliciting to engage in lewd or dissolute conduct in a public place) and 647 (b) (soliciting to engage in or engaging in any act of prostitution) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage business or at any massage establishment. 6-9-106 Operating Requirements for Massage.

All massage establishment owners, operators, employees, sole proprietors, independent contractors and any person performing massage within the City shall comply with all of the following operating requirements. (a) CAMTC certification shall be worn by and on the massage therapist's person during working hours and at all times when the massage therapist is inside a massage establishment or providing outcall massage. No owner, operator or manager of a massage establishment shall allow or permit a person to administer massage for such establishment unless the practitioner possesses and wears a valid CAMTC certificate. (b) Massage shall only be performed between the hours of 6:00 a.m. and 10:00 p.m. No massage business shall be open and no massage shall be provided between 10:00 p.m. and 6:00 a.m. A massage commenced prior to 10:00 p.m. shall terminate prior to 10:00 pm. and all clients shall exit the massage establishment prior to 10:00 pm. (c) A list of services available and the cost of each service shall be posted in the reception area within the massage establishment, and shall be described in English if another language is also used to list the available services. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, or operator shall permit, and no massage therapist shall offer to perform any

Ordinance No. 13XX-CS

service other than those posted or listed, as required herein, nor shall an owner, manager, or operator nor a massage therapist request or charge a fee for any service other than those on the list of available services posted in the reception area or provided to the client in advance of any outcall services. (d) The massage establishment premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the City, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.
(e) Clients of the massage establishment shall be furnished with a private dressing room. Dressing rooms need not be separate from the room in which the massage is being performed.
(f) Toilet facilities shall be provided in convenient locations within the massage establishment and shall consist of at least one (1) unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.
(g) A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Soap and sanitary towels shall also be provided at each basin.
(h) The CAMTC certificate of each and every massage therapist performing massage shall be displayed in the reception area or in the area where massage is to be performed. CAMTC certificates of former employees, independent contractors, volunteers shall be removed as soon as those massage therapists are no longer performing massage at the location. All records of employees, independent contractors, volunteers who have performed massage for a massage business shall be retained for a period of two (2) years.
(i) Massage therapists shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and said garments shall not expose their genitals, pubic areas, buttocks, or breasts.
(j) Every massage business shall keep a written or electronic record of the date and hour of each treatment administered, the name and address of each Client, the name of the massage therapist administering treatment, and the type of treatment administered.

Such written or electronic record shall be available for inspection by officials charged with the enforcement of this Chapter. Such records shall be kept on the premises of a massage establishment for a period of two (2) years and shall be open to inspection by the City.
(k) Where the massage establishment has staff available to ensure security, the entry to the reception area of the massage business shall remain unlocked during business hours when the establishment is open for business or when clients are present.

Ordinance No. 13XX-CS

(l) No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage.
(m) Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients and in all areas where clients are present.
(n) No massage establishment shall allow any person to reside within the massage establishment or in any attached structures owned, leased or controlled by the massage establishment owners.
(o) All massage establishments must comply with all state and federal laws and regulations pertaining to disabled clients.
(p) All massage establishments must comply with the city's sign ordinance pursuant to Title 9, Chapter 2 of the Turlock Municipal Code.

Article 2. Licensing and State Certification
6-9-201 CAMTC Certification Required.
(a) It shall be unlawful for any person to perform or engage in the practice of massage for compensation within the City unless that person possesses a current, valid, unsuspended and unrevoked CAMTC certificate.
(b) It shall be unlawful for any massage business or massage establishment to provide massage for compensation within the City unless all persons employed by the massage business or massage establishment to perform massage; whether as an employee, independent contractor, volunteer, or sole proprietorship, possesses a current, valid, unsuspended and unrevoked CAMTC certificate.
6-9-202 Time for Compliance with CAMTC Certification.
(a) Any individual holding a valid Business License and issued by the City to perform or engage in massage for compensation within the City prior to the effective date of this Chapter, may continue to provide such massage services under that license until that license expires, but shall otherwise comply with the requirements of this Chapter. Upon expiration of said license issued by the City, any person who desires to continue to provide massage for compensation within the City shall first obtain a current, valid, unsuspended and unrevoked CAMTC certificate.
(b) Any massage business holding a valid Business License issued by the City to provide massage for compensation within the City may continue to operate as a massage business until the license expires provided that all of the massage business' employees providing massage services possess a CAMTC certificate or the equivalent state certificate for massage. Upon expiration of the massage business' City Business License, any massage business that desires to continue to provide massage for

Ordinance No. 13XX-CS

compensation within the City shall first ensure that all of the massage business' employees providing massage possess a current, valid, unsuspended and unrevoked CAMTC certificate.
(c) All persons, massage businesses or massage establishments, including its owners, operators, managers, and employees engaged in the practice of massage for compensation within the City shall comply with all health and safety and operating requirements, set forth in this Chapter 6-9-105 and 6-9-106, upon its effective date. 6-9-203 City Business License.
(a) Any person or massage business shall obtain a valid City Business License pursuant to Title 3, Chapter 1 of the Turlock Municipal Code to conduct massage for compensation within the City. Applicant shall provide a copy of a current and valid CAMTC certificate for every person who will be performing or engaging in the practice of massage for the massage business. Such certificate[s] shall be provided to the Chief of Police or designee to confirm the validity of the certificate[s]. The Chief of Police or designee shall notify City staff whether or not the applicant has a valid CAMTC certificate and may proceed with the business license application process. (b) Every massage business owner[s] or manager[s] who does not qualify as a massage therapist and is not CAMTC certified must obtain a Massage Business Permit and be subject to the requirements of Section 6-9-205 prior to the issuance of a City Business License. If any massage business owner[s] or manager[s] are denied a Massage Business Permit then a City Business License cannot be issued to the massage business until such time as the denied business owner[s] or manager[s] is removed from the application for the City Business License and replaced with a person who meets the requirements of this Chapter 6-9.
6-9-204 Exchange of Information.

The City may, from time to time, request information from CAMTC pertaining to any person who possesses a CAMTC certificate and who is engaging in the practice of massage in the City. The requested information may include, but need not be limited to, the current status of a person's CAMTC certificate, any history of disciplinary action(s) taken against the person, the home and work addresses of the CAMTC certificate holder, and any other information that may be necessary to verify fact relevant to administering the provisions of this Chapter.
6-9-205 Massage Business Permit for Owners and Managers who do not Qualify as Massage Therapists and Who are Not CAMTC Certified; Limited Exemption to CAMTC Certification.
(a) Massage Business Permit. Every massage business owner[s] and manager[s] who do not possess a current and valid CAMTC certificate, must obtain a Massage Business Permit from the Chief of Police, or his designee, prior to obtaining a business license, according to the procedures in this Section. Notwithstanding this provision, business owner[s] and managers of a salon, spa, or day spa need not comply with this Section if

Ordinance No. 13XX-CS

they are solely renting space to one or more Certified Massage Therapist[s] as independent contractor[s] who meet all the provisions of this Chapter 6-9 and each such massage therapists shall be treated as an independent “massage business”. (1) The massage business owner[s] and manager[s] shall complete an application that requests information regarding topics including, but not limited to, the applicant's current business name and location, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment previously owned or managed by the applicant.
(2) All massage business owner[s] and manager[s] subject to this Section shall personally appear at the City Police Department to be fingerprinted. The Chief of Police, or his designee, shall conduct or cause to be conducted on its behalf a background investigation of the applicant.
(3) At the time of the fingerprinting, the applicant shall pay the Police Department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the City's fee schedule in amounts established by resolution of the City Council as may be amended by the Council from time to time.
(4) The Chief of Police, or his designee, shall determine, based on the background investigation and the information submitted with the application, whether a Massage Business Permit shall be issued. If the Chief of Police, or his designee, determines that the applicant is not qualified, the Chief of Police, or his designee, shall inform the applicant in writing and specify the reasons for the denial. The City may deny a Massage Business Permit for the following reasons:
(i) The applicant has provided materially false information in applying for a Massage Business Permit.
(ii) Within five (5) years immediately preceding the date of the filing of the application the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code section 290; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude; (iii) Within five (5) years immediately preceding the date of the filing of the application the applicant has had a massage license suspended or revoked;

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unless the applicant can show mitigating circumstances exist since the revocation or suspension.
(5) Any person aggrieved by the decision of the Chief of Police, or his designee, may appeal that decision to the City Manager, or his designee, by filing a notice of appeal within ten (10) days of being notified of the decision. (6) An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee in the amount established by resolution of City Council as may be amended by the Council from time to time within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant. (7) The hearing shall be conducted pursuant to Turlock Municipal Code Title 1 Chapter 4. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision.

The decision of the City Manager, or his designee, may be appealed pursuant to Turlock Municipal Code Title 1 Chapter 4.
(8) If a Massage Business Permit is granted by the Chief of Police, or his designee, it shall be valid until such time as the Permittee terminates the permit or the permit is suspended or revoked pursuant to Turlock Municipal Code Sections 6-9-206 and 6-9-207. The permit shall be non-transferrable and cannot be sold. (9) A Massage Business Permittee shall notify the Chief of Police, or his designee, in writing at least thirty (30) days after the sale of the massage business or massage establishment for which he/she obtained the Massage Business Permit is completed.
(10) A Massage Business Permit shall be non-transferable and every new owner of a massage business or massage establishment who does not qualify as a massage therapist and is not CAMTC Certified must obtain a Massage Business Permit before operating a massage business or massage establishment. (11) The City may establish a nonrefundable fee by resolution adopted by the City Council, as amended from time to time, to recover costs associated with initial applications and renewals of a Massage Business Permit. (b) Limited Exemption to CAMTC Certification for Massage Professionals. The City recognizes that some massage professionals currently practicing within the City may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements, particularly changes in requirements concerning hours of schooling, although the person has been in practice as a massage professional for a significant period. The city will therefore allow individuals who were working within the city as a massage professional prior to November 1, 2025, and who meet the requirements of this Section to continue to practice massage as a massage professional

Ordinance No. 13XX-CS

under this exemption without certification from the CAMTC but with a Massage Business Permit under subsection (a).
(1) An individual seeking this exemption must demonstrate to the satisfaction of the Police Chief or designee that the individual worked as a massage professional in the City, either pursuant to their own massage business or the massage business of another under the then applicable Turlock Municipal Code requirements for at least three years prior to November 1, 2025. (2) An individual granted an exemption from the CAMTC certification requirement pursuant to this Chapter shall be referred to as an "exempt therapist." An exempt therapist will be issued an exemption certificate in the form of a Massage Business Permit pursuant to subsection (a) above that includes a statement from the Police Chief or designee that the person met the requirements of this exemption. Any individual granted an exemption certificate is required to display, in the same manner this Chapter requires the display of CAMTC certification, the exemption certificate showing that the person met the requirements of this exemption.
(3) An exemption from the CAMTC certification requirement pursuant to this Section is valid for two years from the date of issuance of the exemption certificate and must be renewed every two years thereafter. Any exempt therapist who allows their exemption certificate to expire shall not be eligible to renew such exemption certificate or operate as a massage therapist under this exemption.

Failure to obtain a renewal on or before the date an existing exemption certificate expires shall make the individual ineligible for a continued exemption. (4) The City may establish a nonrefundable fee by resolution adopted by the Council, as amended from time to time, to recover costs associated with initial applications and renewals of an exemption certificate.
(5) An exempt therapist is subject to and shall comply with all the requirements of this Chapter, except for the CAMTC certification requirements. (6) Individuals who do not submit an initial application on or before March 31, 2026, for the exemption described in this Section shall be ineligible to qualify for the exemption.
6-9-206 Massage Business Permit—Grounds for Suspension and Revocation.

The Chief of Police, or his designee, may suspend and/or revoke a Massage Business Permit issued under this Chapter for one (1) or more of the following reasons:
(a) A Massage Business Permit was obtained with fraudulent or deceitful information. (b) A Massage Business Permittee violated a provision or provisions of this Chapter or the Massage Therapy Act or some other state or federal law. Including a violation of Penal

Ordinance No. 13XX-CS

Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b,647d, 647i, 647j, any offenses requiring registration under Penal Code section 290; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude; (c) The massage business or massage establishment is not being maintained in compliance with the provisions of this Chapter, the Massage Therapy Act (Business & Professions Code sections 4600-4621, any other provision of the Turlock Municipal Code or any other local, state or federal law and the Massage Business Permittee has failed to promptly remedy any deficiency for which they have received notice. (d) The massage business or massage establishment has knowingly employed, allowed, or permitted a person who was not certified by CAMTC to perform massage services at the massage business or massage establishment.
6-9-207 Massage Business Permit—Process for Suspension and Revocation.
(a) The Chief of Police, or his designee, shall send written notice of the suspension or revocation shall be served on the business owner[s] or manager[s] by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal.
(b) Suspension or revocation issued pursuant to subsection (a) shall be effective five (5) days from the date appearing on the notice, unless a timely appeal is filed in accordance with subsection (c).
(c) The decision of the Chief of Police, or his designee, may be appealed to the City Manager's Office, or his designee. An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee in an amount established by resolution of City Council as may be amended by the Council from time to time within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant. (d) The hearing shall be conducted pursuant to Turlock Municipal Code Title 1 Chapter

4. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Turlock Municipal Code Title 1 Chapter 4.
6-9-208 Inspection of Massage Establishment by Officials.

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The investigating and enforcing officials of the City, including but not limited to the Chief of Police, or his designees, Chief Building Official or his designees, the Chief of the Fire Department or his designee, shall have the right to enter the massage business or the massage establishment premises, from time to time, during regular business hours, for the purpose of making reasonable inspections to observe and enforce compliance with applicable laws, statutes and regulations, and with the provisions of this Chapter. The Chief Building Official and/or the Chief of the Fire Department may charge a fee for any safety inspections, which shall be established by Council. 6-9-209 Applicability of Other Ordinances.

Nothing contained in this Chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage business, massage establishment, or massage therapist from the provisions of any zoning, licensing or other building ordinance, rule or regulation. 6-9-210 Notifications.
(a) Any person or Business Licensee shall notify the City Finance Department of any amendments or changes necessary to the information provided to the City pursuant to Section 6-9-203.
(b) Any person or Business Licensee who holds a City Business License pursuant to Section 6-9-203 shall inform the City Finance Department and Chief of Police within five (5) days if any of following events occur:
(1) Arrest of any employee, owner, manager, or operator of the massage business or massage establishment.
(2) Any event involving an employee, owner, manager, operator or independent contractor, volunteer that may constitute a violation of this Chapter or any state or federal law.
(c) This provision shall be complied with even if the Licensee believes that the City has or will receive the information from another source.
6-9-211 Nuisance.

Any massage business or massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law, and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting, or maintaining a massage business or massage

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establishment contrary to the provisions of this Chapter. All remedies provided for in this Chapter are cumulative.
6-9-212 Unlawful Business Practices may be Enjoined.

Any massage establishment or business operated, conducted, or maintained contrary to the provisions of this Chapter shall constitute an unlawful business practice pursuant to Business & Professions Code section 17200 et seq., and the City Attorney and/or District Attorney may, in the exercise of its discretion, in addition to or in lieu of taking any other action permitted by this Chapter, commence an action or actions, proceeding or proceedings in an appropriate court of jurisdiction, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorney's fees and costs.
6-9-213 Criminal Prosecution.

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor and at the discretion of the City Attorney, a violation of any provision of this Chapter may be prosecuted in a criminal court. Any violation of this Chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00), per violation or by imprisonment in the County Jail for a period of not more than six (6) months, or by both fine and imprisonment. All remedies provided for in this Chapter are cumulative. 6-9-214 Administrative Fines.

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Chapter, may result in the issuance of an administrative citation and the City may, at its discretion, seek an administrative fine of up to one thousand dollars ($1,000.00).
(a) Each violation of any provision of this Chapter shall constitute a separate and distinct violation for each and every day during which any violation of any provision of this Chapter is committed, continued or permitted by such person.
(b) Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the City. The appeal process and timeline shall follow those procedures and timelines set forth in Turlock Municipal Code Title 1 Chapter 4.
(c) If an appeal is not filed and the fine is not paid within thirty (30) days from either the date of the notice of fine or a notice of determination from the Hearing Officer, the fine may be referred to a collection agency within or external of the City. (d) Any outstanding amounts owed to the City may be recovered through a lien against any real property owned by the offending party or a personal obligation lien against the offending party.

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6-9-215 Prosecutorial Discretion.

Pursuant to the City Attorney's prosecutorial discretion, the City may enforce violations of this Chapter as criminal, civil, and/or administrative violations utilizing administrative remedies. All remedies provided for in this Chapter are cumulative.

SECTION 3. VALIDITY: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.

SECTION 4. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.

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

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

Signed and approved this ___ day of _____________, 2025.

SIGNED:

__________________________
AMY BUBLAK, Mayor
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California APPROVED AS TO FORM:
__________________________
George A. Petrulakis, City Attorney

City Council Staff Report
October 14, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Administrative Analyst
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Ordinance: Introduction and first reading of an ordinance amending Turlock Municipal Code Title 2 (Administration), Chapter 2-9 (Public Works Contracts)

2. NARRATIVE:

The California Uniform Public Construction Cost Accounting Act (CUPCAA) was enacted in 1983 to provide alternative methods for public agencies to complete smaller public works projects more efficiently, such as:

1. Completing work by force account (using the City’s own workforce),

2. Negotiating a contract with one or more contractors, or

3. Using informal bidding procedures under specified thresholds.

Turlock opted into CUPCAA on October 10, 1985, by adopting Resolution 1985-113 and filing it with the State Controller’s Office. Since that time, the City has been authorized to use these streamlined procedures. The Legislature has periodically amended CUPCAA, and the most recent action taken by the Turlock City Council to align the Municipal Code was the adoption of Ordinance No. 1253-CS in March 2019.

In September 2024, Governor Newsom signed AB 2192 into law, effective January 1, 2025.

This legislation increases the thresholds for force account, informal bidding, and formal bidding to reflect inflation and is codified in Sections 22030-22045 of the Public Contract Code. Turlock Municipal Code Section 2-9-02 adopts the uniform construction cost accounting policies and procedures developed and as may be amended by the State and incorporates them by reference. However, Sections 2-9-03, 2-9-04, and 2-9-05 of the Turlock Municipal Code explicitly names the prior threshold amounts and should therefore be amended for clarification purposes.

Type of Work Threshold prior to January
1, 2025
January 1, 2025 threshold
Amount
Force Account/Negotiated
Contract
≤ $60,000 ≤ $75,000
Informal Bidding ≤ $200,000 ≤ $220,000
Formal Bidding > $200,000 > $220,000
Additionally, AB 2192 includes an exception for contracts that come in above the $220,000 threshold: If an engineer’s estimate places a project at or below $220,000 but all bids exceed that amount, Council may, by four-fifths vote, award the contract to the lowest responsible

Agenda Staff Report
10/14/2025
bidder if the bid does not exceed $235,000.

Staff also propose some minor technical updates to the same Chapter of the TMC to bring more clarity to how it aligns with the Public Contract Code:
• Noticing methods
• Four-fifths vote required in emergency-related contracting situations Failure to update the City’s ordinance could expose the City to bid protests, lack of operational efficiency, or legal challenges. Approving the proposed ordinance will bring clarity to the thresholds for alternative project delivery available under CUPCAA, and provide staff with the ability to deliver small and mid-sized projects more efficiently.

3. FISCAL IMPACT / BUDGET AMENDMENT:

There is no fiscal impact associated with updating the Turlock Municipal Code, as proposed herein. Each public project's fiscal impact will be presented to the Council, as applicable.

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 Ordinance

2. Resolution 1985-113

3. AB 2192 (chaptered text)

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ORDINANCE NO. -CS
WHEREAS, the City of Turlock has adopted the California Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000 et seq.) with Resolution 1985-113 to streamline public works contracting while ensuring accountability; and WHEREAS, California State Assembly Bill 2192 amended the Public Contract Code to increase project thresholds, clarify definitions, and modernize informal bidding procedures; and WHEREAS, the City’s existing Municipal Code Chapter 2-9 (Public Works Contracts) references outdated thresholds, definitions, and procedures that no longer align with state law; and
WHEREAS, failure to update the City’s ordinance could expose the City to bid protests, California Uniform Construction Cost Accounting Commission review, or legal challenge, and would limit the City’s ability to efficiently administer public works contracts under the Uniform Public Construction Cost Accounting Act; and
WHEREAS, the City Council finds it in the public interest to amend Chapter 2-9 to conform to current state law, ensure consistency, and provide clear procedures for public works contracting.

BE IT ORDAINED by the City Council of the City of Turlock as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION: The Ordinance has been reviewed with respect to applicability of CEQA and the CEQA Guidelines. The Ordinance is not a project under CEQA Guidelines Section 15378(b)(5) because the Ordinance is an administrative activity that does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

SECTION 2. AMENDMENT: Title 2, Chapter 2-9, shall hereby be amended to read as follows:

Chapter 2-9

PUBLIC WORKS CONTRACTS
§ 2-9-01. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Purchasing Officer" shall mean the Purchasing Officer of the City as created by Section 2-7-02 of this title.
(b) "Public project" shall mean any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, }
}
}

IN THE MATTER OF AMENDING TURLOCK
MUNICIPAL CODE TITLE 2 (ADMINISTRATION),
CHAPTER 2-9 (PUBLIC WORKS CONTRACTS)
}
}
}
}
}
}
}

Ordinance No. -CS

demolition, and repair work involving any publicly owned, leased, or operated facility; and
(2) Painting or repainting any publicly owned, leased, or operated facility. (c) "Public project" shall not include maintenance work. Maintenance work shall include all of the following:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned and operated facility for its intended purposes; (2) Minor repainting;
(3) Resurfacing of streets at less than one inch;
(4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and
(5) Work performed to keep, operate, and maintain water, power, and waste disposal systems.
(d) "Facility" shall mean any plant, building, structure, ground facility, utility system, real property, street, or other public work improvement. § 2-9-02. Uniform construction cost accounting policies and procedures.

The uniform construction cost accounting policies and procedures developed and as may be amended by the State from time to time are hereby adopted and incorporated by reference.

Such alternate bidding procedures shall require the use of the policies and procedures incorporated in this chapter, and the City Engineer shall require such procedures and policies to be used on public projects where such alternate bidding procedures are used.

California Public Contract Code (PCC) Section 22020 empowers the State Controller to make adjustments in the monetary limits set forth in Public Contract Code Sections 22032 and 22034 every five (5) years. As of July January 1, 201125, those minimum limits are as set forth in the following sections.
§ 2-9-03. Public projects less than Sixty Seventy-Five Thousand Dollars.

Public projects of Sixty Seventy-Five Thousand and no/100ths ($6075,000.00) Dollars or less may be performed by the employees of the City agency by force account or by negotiated contract as follows:
(a) Force work by City employees. The City Engineer shall approve a work order for the public project following the guidelines outlined in TMC 2-9-02, and all charges relative to the project, including all labor, equipment rentals, materials, overhead costs, and the like, shall be charged to the work order.
(b) Negotiated contracts. The City Engineer shall negotiate with at least two (2) contractors whom he determines are capable of performing public projects of the type and size.

Upon the completion of negotiations, the City Engineer shall select the best contract proposal. A written contract will be prepared, approved as to form by the City Attorney, and signed by the City Manager and the contractor. The City Engineer will then direct contractor to perform the required work.

Ordinance No. -CS

§ 2-9-04. Public projects less than Two Hundred Twenty Thousand Dollars.

Public projects of Two Hundred Twenty Thousand and no/100ths ($2020,000.00) Dollars or less may be let to contract by informal procedures as follows:
(a) The City Engineer shall maintain a list of qualified contractors according to the categories of work.
(b) All contractors on the list for the category of work being bid and/or all construction trade journals specified in PCC §22036 serving the area shall be mailed, faxed, or emailed a notice inviting informal bids, unless the project or service is proprietary. (c) The mailing of noticesing to contractors and construction trade journals shall be completed not less than ten (10) calendar days before the bids are due. (d) The notice inviting informal bids shall describe the project in general terms; how to obtain more detailed information about the project; and state the time and place for the submission of bids.
(e) When deemed necessary by the City Engineer, a bid security may be required.

The bid security shall be returned to all bidders; however, a successful bidder shall forfeit his security upon the refusal or failure to execute the contract within ten (10) days after notification of the award of the contract.
(f) The City Engineer shall receive sealed bids at the time and place stated in the public notice and tabulate the bids after the bids are opened. (g) The Council shall award the contract to the lowest responsible bidder. The criteria for determining the lowest responsible bidder shall include, but not be limited to, the following:
(1) The ability, capacity, and skill to perform the contract; (2) Whether the bidder has the facilities to perform the contract within the time specified;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(4) The past performance of similar contracts; and
(5) Compliance with laws, ordinances, and regulations relating to the contract. (h) If all bids received are in excess of two hundred twenty thousand dollars ($220,000), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate was reasonable. § 2-9-05. Public projects greater than Two Hundred Twenty Thousand Dollars.

For public projects of more than Two Hundred Twenty Thousand and no/100ths ($2020,000.00) Dollars, the final formal bidding procedures as prescribed in the Public Contract Code shall be followed.
§ 2-9-06. Emergencies.

In cases of great emergency, as determined by the Council, including, but not limited to, states

Ordinance No. -CS

of emergency as defined in Section 8558 of the Government Code of the State, when repairs or replacements are necessary to permit the continued conduct of the operation or services of a public agency or to avoid danger to life or property, the Council, by a majority four-fifths vote, may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details or giving notice for bids to let contracts. The work may be done by day labor under the direction of the Council, or by contract, or by a combination of the two (2). All such emergency contracting shall also comply with the requirements of Public Contract Code section 22050.

SECTION 3. VALIDITY: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

Signed and approved this 28th day of October, 2025.

SIGNED:

__________________________
AMY BUBLAK, Mayor
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California APPROVED AS TO FORM:
__________________________
George A. Petrulakis, City Attorney

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Bills
AB 2192: Public agencies: cost accounting
standards.

Session Year: 2023-2024
House: Assembly
Current Status:

PASSED
(2024-09-29: Chaptered by Secretary of State - Chapter 953, Statutes of 2024.) Introduced
First Committee Review
First Chamber
Second Committee Review
Second Chamber
Enacted
Summary Bill Text Status Votes Supporters & Opponents Analysis Version:

The people of the State of California do enact as follows:

Chaptered (9/29/2024)
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SECTION 1.Section 22002 of the Public Contract Code is amended to read:22002. (a)Public agency, for purposes of this chapter, means a city, county, city and county, including chartered cities and chartered counties, any special district, and any other agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Public agency also includes a nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (b)Representatives of the construction industry for purposes of this chapter, means a general contractor, subcontractor, or labor representative with experience in the field of public works construction. (c)Public project means any of the following:
(1)Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or operated facility. (2)Painting or repainting of any publicly owned, leased, or operated facility. (3)In the case of a publicly owned electric utility system, public project shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
(d)Public project does not include maintenance work. For purposes of this section, maintenance work includes all of the following:
(1)Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
(2)Minor repainting.
(3)Resurfacing of streets and highways at less than one inch. (4)Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5)Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
(e)For purposes of this chapter, facility means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement.

SEC. 2.Section 22032 of the Public Contract Code is amended to read:22032. (a)Public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. (b)Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by informal procedures as set forth in this article.
(c)Public projects of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure.

SEC. 3.Section 22034 of the Public Contract Code is amended to read:22034.

Each public agency that elects to become subject to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of the following:
(a)Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both.

(1)The public agency shall maintain a list of qualified contractors, identified according to categories of work.

Minimum criteria for development and maintenance of the contractors list shall be determined by the commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar days before bids are due. (2)The public agency may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Section 22036.
(b)The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. (c)The governing body of the public agency may delegate the authority to award informal contracts to the public works director, general manager, purchasing agent, or other appropriate person. (d)If all bids received are in excess of two hundred twenty thousand dollars ($220,000), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirtyfive thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

SEC. 4.Section 22039 of the Public Contract Code is amended to read:22039.

The governing body of the participating public agency or its designated representative shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in subdivision (c) of Section 22032.

SEC. 5.Section 22042 of the Public Contract Code is amended to read:22042.

The commission shall review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency falls within any of the following categories:
(a)Is to be performed by a public agency after rejection of all bids, claiming work can be done less expensively by the public agency.
(b)Exceeded the force account limits set forth in subdivision (a) of Section 22032. (c)Has been improperly classified as maintenance.
(d)Has been split or separated into smaller work orders or projects, in violation of Section 22033. (e)Has exceeded the limits or otherwise not met the requirements set forth in subdivisions (b) and (c) of Section 22032.

SEC. 6.Section 22042.5 of the Public Contract Code is amended to read:22042.5.

The commission shall review practices of any participating public agency where an interested party presents evidence that the public agency is not in compliance with Section 22034 or 22037.

SEC. 7.Section 22043 of the Public Contract Code is amended to read:22043. (a)In those circumstances set forth in subdivision (a) of Section 22042, a request for commission review shall be in writing, sent by certified or registered mail received by the commission postmarked not later than eight business days from the date the public agency has rejected all bids. (b)In those circumstances set forth in subdivision (b), (c), (d), or (e) of Section 22042, a request for commission review shall be by letter received by the commission not later than eight days from the date an interested party formally complains to the public agency.

(c)The commission review shall commence immediately and conclude within the following number of days from the receipt of the request for commission review:
(1)Forty-five days for a review that falls within subdivision (a) of Section 22042. (2)Ninety days for a review that falls within subdivision (b), (c), (d), or (e) of Section 22042. (d)During the review of a project that falls within subdivision (a) of Section 22042, the agency shall not proceed on the project until a final decision is received by the commission. (e)A request for commission review pursuant to Section 22042.5 shall be in writing, sent by certified or registered mail, and received by the commission no later than eight days from the day an interested party formally complains to the public agency. The commission review shall commence immediately and conclude within 90 days from the receipt of the request for commission review.

SEC. 8.Section 22044 of the Public Contract Code is amended to read:22044.

The commission shall prepare written findings, which shall be presented to the public agency within 30 calendar days of formal commission review. Should the commission find that the provisions of this chapter or of the uniform cost accounting procedures provided for in this chapter were not complied with by the public agency, the following steps shall be implemented by that agency:
(a)On those projects set forth in subdivision (a) of Section 22042, the public agency has the option of either (1) abandoning the project, or (2) awarding the project to the lowest responsible bidder. (b)On those projects set forth in subdivision (b), (c), (d), or (e) of Section 22042, the public agency shall present the commissions findings to its governing body within 30 calendar days of receipt of written notice of the findings and that governing body shall conduct a public hearing with regard to the commissions findings within 60 calendar days of receipt of the findings.
(c)(1)On findings of noncompliance pursuant to Section 22042.5, the public agency shall notify its governing body of the commissions findings within 60 calendar days of receipt of written notice of the findings from the commission.
(2)The public agency shall notify the commission in writing, within 90 days of receipt of written notice of the findings, of the public agencys best efforts to comply.

Discussed in Hearing
Aug 28, 2024
Assembly Floor
Aug 27, 2024
Senate Floor
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57SEC 3MIN

Chaptered (9/29/2024)
Bill Author
Juan Carrillo
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City Council Staff Report
October 14, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Joanne Foster, Assistant Planner
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Confirmation: City Clerk confirms: a) Proof of Publication of Notice of Public Hearing; b) Signed Waiver and Consent; c) Completed and Signed Ballot and d) Signed Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent Form and Ballot Declaring Election Results

Resolution: Calling a Special, Mailed-Ballot Election respecting Proposed Annexation Number 38 to existing Community Facilities District Number 2 (Services Mitigation) Resolution: Declaring the results of the Mailed-Ballot Election respecting Proposed Annexation Number 38 to Community Facilities District Number 2 (Services Mitigation) and ordering annexation.

2. NARRATIVE:

A Fiscal Impact Study of new residential development on General Fund supported services (Police, Fire, Park maintenance, Planning, etc.) conducted in 2004, concluded that current General Fund revenues are inadequate to support both existing as well as the planned, General Plan levels of services. In response, the City Council adopted a policy (Resolution No. 2004-189) to require all new residential development not otherwise entitled by existing zoning to be included in a Community Facilities or Mello-Roos District as a condition of development. At its meeting on October 26, 2004, the City Council formed Turlock Community Facilities District No. 2 (CFD No. 2), to generate additional General Fund revenues from an additional tax imposed on new residential units.

In 2017, an evaluation of CFD #2 was completed, and it was concluded the existing tax level of CFD #2 was still adequate to mitigate the service costs created by new residential development.

The existing CFD #2 was phased in over ten (10) years. The current (FY 2025/2026) rate for multifamily dwellings subject to CFD #2 is $595 per year and will increase 2% annually. A higher rate ($760 FY 2025/2026) is charged on single-family dwelling units.

Annexation No. 38 will annex one parcel into CFD #2.

1. A 0.46-acre parcel located at 300 N Soderquist Road, Stanislaus County Assessor’s Parcel 061-003-040, as shown on the attached boundary map (Attachment 1 of the Resolution) into CFD #2. Minor Discretionary Permit 2024-03 (MDP 24-03) was approved on July 12, 2024, authorizing the construction of a 5-unit multifamily residential unit.

Annexation into CFD #2 is required as a condition of approval for the project.

Agenda Staff Report
10/14/2025
The second step in the annexation process entails a public hearing and, where there is unanimous agreement among property owner(s) and fewer than 12 voters, an immediate election. In this case, there are zero (0) registered voters within Assessor Parcel Number 061-003-040 (300 N. Soderquist Road) in the project area included in this Annexation Number 38. Staff is in possession of all the documents required to conduct and conclude an election to approve the annexation to the district.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The annexation of these properties into CFD #2 will increase revenues to the General Fund once the residential units are constructed and will pay for the increased service demand created by the new residential units.

4. ENVIRONMENTAL DETERMINATION:

This action does not constitute a “project” subject to CEQA review. Pursuant to Section 15388(b)(4) of the CEQA Guidelines, the creation of governmental funding mechanisms that do not make a commitment to a specific project that has the potential to result in a significant physical impact on the environment are not defined as “projects” under CEQA and, therefore, are not subject to CEQA review. The annexation of this property to CFD #2 for the purpose of funding ongoing operations of police, fire and park maintenance personnel has no potential to cause a physical change in the environment.

5. ATTACHMENTS:

1. CFD 2 Annexation 38 Calling for Election Resolution 300 N Soderquist Rd

2. Waiver and Consent

3. Boundary Map

4. CFD 2 Annexation 38 Declaring Election Results Resolution

5. Election Ballot

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF CALLING A SPECIAL, } RESOLUTION NO. 2025- MAILED-BALLOT ELECTION AND DECLARING }
THE RESULTS OF THE MAILED BALLOT }
ELECTION RESPECTING PROPOSED }
ANNEXATION NUMBER 38 FOR THE PROPERTY }
LOCATED AT 300 N. SODERQUIST ROAD, }
STANISLAUS COUNTY APN 061-003-040 }
TO EXISTING COMMUNITY FACILITIES DISTRICT }
NUMBER 2 (SERVICES MITIGATION) }
_______
WHEREAS, reference is made to the Resolution Declaring Intention to Order Annexation Number 38 (henceforth referred to as “the Resolution of Intention”), adopted by the City of Turlock City Council (Council) on August 26, 2025, to annex the SUBJECT PROPERTY, located at 300 N. Soderquist Road, Stanislaus County Assessor’s Parcel 061-003-040, as shown on the attached map (Attachment 1) to the Existing Community Facilities District No. 2 (Services Mitigation) for the description of the petition received from the owner of the SUBJECT PROPERTY which the Owner is requesting be annexed to the existing Community Facilities District No. 2 (Services Mitigation) (“CFD No. 2”); and
WHEREAS, the City of Turlock City Council scheduled this same date as the date for the public hearing with respect to the proposed annexation of the SUBJECT PROPERTY located at 300 N. Soderquist Road, Stanislaus County Assessor’s Parcel 061-003-040, (the “Proposed Annexation”); and
WHEREAS, on this same date, at the time set for the public hearing by the Resolution of Intention, the City of Turlock City Council conducted the public hearing, and at the close of the public hearing the City of Turlock City Council determined that a majority protest under Section 53824 of the Government Code was not made at the hearing; and
WHEREAS, in order to proceed with the Proposed Annexation, as provided by the Resolution of Intention, the matter must be submitted to an election of the qualified electors in the territory of the SUBJECT PROPERTY, as provided in the form of special election ballot attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, a Certificate Regarding Registered Voters and Landowners (the “Certificate”) has been filed with the City Clerk (the “Clerk”), certifying that at no time during the ninety days preceding the close of the protest hearing on this date, were there ever any persons registered to vote within the territory of the SUBJECT PROPERTY, with the result that, pursuant to Section 53826 of the Government Code, the qualified electors for the proposed special election shall be the Owners.

Resolution No. 2025-

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

1. The City of Turlock City Council finds and determines that the foregoing recitals are true and correct.

2. The City of Turlock City Council accepts the Certificate heretofore filed in these proceedings and finds, in accordance therewith, that there presently are, and at all times during the ninety days just past there have been not been any registered voters residing within the boundaries of SUBJECT PROPERTY 300 N. Soderquist Road. Accordingly, under Section 53826 of the Government Code, the qualified electors for the proposed special election shall be the Owners.

3. The City of Turlock City Council further finds and determines that the Owners are the sole landowner of record of the SUBJECT PROPERTY and that the Certificate correctly sets forth the amount of property owned by the Owner, the number of votes to which the Owner is entitled pursuant to said Section 53826 being said number of acres rounded up to the nearest whole integer

4. The City of Turlock City Council further finds and determines that an authorized representative of the Owner has filed with the Clerk (a) the special election ballot pertaining to the SUBJECT PROPERTY and (b) waiver and consents, by which the time limits and related requirements respecting preparation and distribution of election materials are waived.

5. Pursuant to Sections 53826 and 53851 of the Government Code, the City of Turlock City Council hereby calls an election, to be held and conducted forthwith upon adoption of this resolution, and sets this same date as the election date. Pursuant to Section 53826 of the Government Code, the election shall be conducted by mailed ballot; provided that personal service of the ballot is permitted under the terms of the waiver and consent on file with the Clerk and shall therefore be permitted and ratified.

The action of the Clerk in having made personal service of the ballot, in the form of Exhibit A, to the Owner is hereby ratified.

6. The measure to be submitted to the qualified electors of the SUBJECT PROPERTY shall be as set forth in Exhibit A.

7. The Clerk, having received the only eligible ballot prior to adoption of this resolution, shall immediately close the election and declare the results of the City Council.

8. This resolution shall take effect from and after its adoption.

Resolution No. 2025-

PASSED AND ADOPTED at a meeting of the City Council of the City of Turlock this 14th day of October 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DECLARING THE } RESOLUTION NO. 2025
RESULTS OF MAILED-BALLOT ELECTION }
RESPECTING PROPOSED ANNEXATION }
NUMBER 38 FOR PROPERTY LOCATED }
AT 300 N. SODERQUIST ROAD, STANISLAUS }
COUNTYAPN 061-003-040 TO COMMUNITY }
FACILITIES DISTRICT NUMBER 2 (SERVICES }
MITIGATION) AND ORDERING ANNEXATION }
OF THE SUBJECT PROPERTY }
}
WHEREAS, on this date, at the time set for the public hearing in the matter of annexing the SUBJECT PROPERTY located at 300 N. Soderquist Road, Stanislaus County Assessor’s Parcel 061-003-040, as shown on the attached map (Attachments 1, respectively) to Community Facilities District No. 2 (Services Mitigation) (“CFD No. 2”) by its Resolution Declaring Intention to Order Annexation No. 38 to Existing Community Facilities District No. 2, the City of Turlock City Council conducted the public hearing, and at the close of the public hearing, the City of Turlock City Council determined that a majority protest under Section 53339.6 of the Government Code was not made at the hearing; and
WHEREAS, at the conclusion of the public hearing, the City of Turlock City Council adopted its Resolution Calling Special Mailed-Ballot Election Respecting Proposed Annexation No. 38 to Existing Community Facilities District No. 2 (Services Mitigation) pursuant to Section 53339.7 of the Government Code; and WHEREAS, by said resolution calling the election, the two questions of annexing the SUBJECT PROPERTY and levying a special tax as previously authorized for property within CFD No. 2 were combined into a single ballot measure pursuant to Section 53353.5 of the Government Code, as provided in the form of special election ballot attached thereto as Exhibit A; and
WHEREAS, a Certificate of Clerk regarding Receipt of Property Owner Waiver and Consent Form and Ballot and Declaring Election Results, dated this same date (the “Clerk’s Certificate”), executed by the City Clerk (the “Clerk”), has been filed with the City of Turlock City Council, certifying that a completed ballot has been returned to the Clerk for the sole landowner-voter eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, the City of Turlock City Council has received, reviewed and hereby accepts the Clerk’s Certificate and wishes by this resolution to declare the results of the special mailed-ballot election.

Resolution No. 2025-XX

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

1. The City of Turlock City Council finds and determines that the foregoing recitals are true and correct.

2. The City of Turlock City Council hereby finds and determines and declares that the ballot measure submitted to the qualified elector of CFD No. 2 has been passed and approved by that qualified elector in accordance with Sections 53339.8 and 53355 of the Government Code, and the SUBJECT PROPERTY is hereby declared annexed to CFD No. 2 and made subject to the special tax of CFD No. 2 in accordance with the rate and method of apportionment of special tax previously approved for CFD No. 2.

3. The City of Turlock City Council hereby authorizes and directs the Clerk to cause the following:
a. The recordation with the Stanislaus County Recorder (the “County Recorder”) of the map titled “Proposed Boundaries, Annexation No. 38, City of Turlock Community Facilities District No. 2 (Services Mitigation),” which map is on file with the Clerk; and
b. The preparation and recordation with the County Recorder of a notice of special tax lien in accordance with the provisions of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code. Said notice shall be recorded in said County Recorder’s office within 15 days of today’s date.

4. This resolution shall take effect from and after its adoption.

PASSED AND ADOPTED at a meeting of the City Council of the City of Turlock this 14th day of October, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

City Council Staff Report
October 14, 2025
From: David Bickle, Fire Marshall
Prepared by: Julie Miranda, Exec. Admin Assist/Public Safety Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Ordinance: First Reading of an Ordinance amending the Turlock Municipal Code Title 4, Chapter 3, Article 1, Article 2 and Article 3 to adopt the 2025 California Fire Code with specific modifications based upon local conditions

2. NARRATIVE:

Every three years, the California Building Standards Commission adopts new Building and Fire Safety Codes to be enforced throughout the state. These adopted codes are based off of the International Code Council's (ICC) work. The ICC spends an exhaustive process through code development hearings, gaining input from building officials, local and state government leaders, developers and other interested parties to review the model code developed by the ICC. As part of that process, state law allows local jurisdictions to modify the state code to allow for specific challenges each local jurisdiction may encounter that are unique to the area, These modifications are in compliance with Health and Safety Code Section 17958 for Sate Housing Law. This process requires that each local jurisdiction adopts the amendments proposed before the amendments can be enforced.

If local adoptions are not made, then many parts of the California Fire Code (CFC) are unenforceable or create an inability to appropriately provide for the safety of the public.

The City of Turlock is currently using the 2022 California Fire Code which has been updated to meet the current International Fire Code for 2021. The CFC is based on the 2021 International Code — State of California adopted code.

The recommended changes to the City of Turlock Municipal Code will reflect the State's adoption of the 2025 California Fire Code. Additionally, the Turlock Municipal Code will be adopted to reflect the needs of public safety. The California State Fire Marshal's office adopts a minimum standard statewide. Adopting the 2025 California Fire Code and the amendments will meet our City's goals to preserve life and property.

3. FISCAL IMPACT / BUDGET AMENDMENT:

None

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
10/14/2025

5. ATTACHMENTS:

1. Draft Ordinance

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF AMENDING THE }
TURLOCK MUNICIPAL CODE TITLE 4, } ORDINANCE NO.-CS
CHAPTER 3, ARTICLE 1, ARTICLE 2 AND }
ARTICLE 3 TO ADOPT THE 2025 }
CALIFORNIA FIRE CODE WITH SPECIFIC }
MODIFICATIONS BASED ON LOCAL }
CONDITIONS }
}

WHEREAS, the California Health and Safety Code sections 17958, 17958.5 and 17958.7 require the governing body of a city, before making any modifications or changes to the California Building Standards Code, to make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Turlock Municipal Code Title 4, Chapter 3, Article 1, Article 2, and Article 3 is being amended to adopt the 2025 California Fire Code (CFC) with specific modifications based upon local conditions.

BE IT ORDAINED by the City Council of the City of Turlock as follows:

SECTION 1. LEGISLATIVE FINDINGS: Modifications and changes contained in the Turlock Municipal Code Title 8 regarding building regulations are required in order to provide specific and greater protections to public health, safety and welfare than are afforded by the California Building Standards Code due to local climatic, geological and topographical conditions. The legislative findings for such modifications and changes are made pursuant to sections 17958.5 and 17958.7 of the California Health and Safety Code.

SECTION 2. AMENDMENT: Title 4, Chapter 3, Article 1, Article 2 and Article 3 is hereby amended to read as follows:

Article 1. Adoption of California Fire Code
4-3-101 Purpose: Adoption, amendment, and authorization. (a) The California Fire Code, Edition 2022 2025, and the secondary codes and publications adopted by reference in this section and TMC 4-3-102 are adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion and is the fire code of the City of Turlock except for those specific amendments thereto made in this chapter.

ORDINANCE No. 2025

(b) Any and all amendments herein are permitted and authorized by the organizations and associations publishing the 2022 2025 California Fire Code and the secondary codes and publications.
(c) The 2022 2025 California Building Code, Title 24, California Code of Regulations, Part 9 (California Fire Code), incorporating the International Fire Code, 2021 Edition, with errata, published by the International Code Council, including Chapter 1 with Divisions I and II but deleting Sections 111.1 112.1 through 111.4 112.4 and adopting Chapter 26 and Sections 104.1, 104.11, 104.11.1, 104.12 through 104.12.3, 104.3, 104.3.1, 105.6.9, 106, 107.1, 108, 109, , 113, 114, , 303, 305, 306, 307, 308.1.4, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, and 808, 1103.2, 1106, and chapter 26, save and except such portions as hereinafter deleted, modified, or amended, are hereby adopted as the fire code of the City of Turlock pursuant to the City’s police powers provided for in the California Constitution, Article 11, Section 7, to legislate for the public health and safety.
4-3-102 Adoption by reference of the 2022 2025 California Fire Code.

That document, one (1) copy of which is on file in the office of the City Clerk, and designated as “California Fire Code, 2022 2025 Edition” (hereinafter referred to in this chapter as CFC), Appendix Chapter 4, and Appendices B, BB, C, CC, D, E, F, G, H, I, N and O P with errata, thereto, as compiled and published by the International Code Council, which code prescribes regulations governing conditions hazardous to life and property from fire and explosion, as hereinafter amended, deleted and added to, is hereby adopted by reference as the fire code of the City of Turlock. 4-3-103 Adoption of secondary codes.

The current edition of the National Fire Codes published by the National Fire Protection Association (NFPA) is adopted as a secondary code and by this reference is incorporated herein as though set forth in full.
4-3-105 Alternate materials.

Section 104.10 104.2.3 of the CFC is amended to read as follows Whenever the Fire Chief disapproves an application for se of alternate materials, methods and/or types of construction, disapproves an application for permit or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision as provided by Title 1, Chapter 4 of this Code.
4-3-106 Citations.

Section 112.3 113.3 of the CFC is amended to read as follows:

ORDINANCE No. 2025

Citations. Persons operating or maintaining an occupancy, premises, or vehicle subject to the Code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the Fire Chief shall be guilty of a misdemeanor or infraction at the discretion of the Fire Chief. The Council may from time to time adopt a bail schedule for CFC violations. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
4-3-107 Fees.
(a) Permit fee. The Council may, from time to time, by resolution, adopt a fee for any permit issued pursuant to the fire code.
(b) Plan check fee. Plan check fees will be collected for all projects requiring a permit.

Fees will be charged according to the established City fee schedule. Fees shall be collected when the permit is issued. If the permit is not issued within one (1) year, the permit will be voided and incurred fees will be billed to the person requesting the permit. (1) Where plans are incomplete or changed so as to require an additional plan check, an additional plan check fee shall be charged at a rate shown in a schedule setting forth fees as adopted from time to time by resolution of the City Council. (c) State-mandated inspections will require a nonrefundable fee to conduct annual business inspections. Details shown in City of Turlock Fee Schedule (City of Turlock Fee Schedule).
(d) Reinspection fee. The Council may, from time to time, by resolution, adopt a fee for costs associated with multiple reinspections conducted to obtain compliance with any notice, order or tag issued pursuant to the fire code.
(1) Where the assessment of reinspection fees is authorized, the Fire Chief shall provide the responsible person with a written notice assessing the reinspection fees.

The written assessment shall contain the following information:
(i) The amount of fees charged (City of Turlock Fee Schedule); (ii) The corresponding dates when reinspections took place; and (iii) A deadline by which the reinspection fee must be paid. (2) Notification of the reinspection fee assessment shall be provided to the responsible person by personal delivery or certified mail, return receipt requested. (3) The failure of any responsible person to receive notice of the reinspection fees shall not affect the validity of any fees imposed under this article. (4) Final determination of an inspection or reinspection fee shall create a debt in the nature of a quasi-contractual obligation, including an award of reasonable attorney’s

ORDINANCE No. 2025

fees, in favor of a prevailing party running from the property owner to the City. The City shall collect the assessed reinspection fees by the use of all appropriate legal means, including but not limited to referral to the Finance Division for collection in small claims court or by imposition of a lien.
4-3-201 Authority of fire personnel to exercise powers of police officers (a)Section 103.3 of the CFC is hereby amended adopted in reference and added to read as follows:

The Fire Chief, Division Chiefs, Fire Marshal, and members of the Fire Department conducting Prevention Bureau and/or Fire Investigation unit duties shall have the powers of a Police Officer in performing their duties under this Code. (b)Section 103.1 of the 2022 2025 California Fire Code is hereby amended to read as follows
The Fire Chief, Deputy Fire Chief, or designee in charge shall be known as the fire code official. The function of the agency shall be the implantation, administration and enforcement of the provisions of this code.
4-3-202 Permits required for certain operations
Section 105.5.18(3) of the CFC is amended as follows
To store, handle or use Class II, Class III-A and Class III-B liquids in excess of twenty-five (25) gallons in a building or in excess of fifty-five (55) gallons outside a building
4-3-203 Approved automatic fire sprinklers
Section 903.7 of the CFC is amended by adding the following sections:

1. Approved automatic sprinkler systems are integrated systems of underground and overhead piping including a water supply of a type such as a gravity tank, fire pump, reservoir or pressure tank of a connection by underground piping to a city main, and which comply in all respects with the requirements adopted for such systems as described in the NFPA Pamphlet No. 13, as it now exists or as it may from time to time be amended. All required sprinkler systems shall meet NFPA 13 commercial standards unless mentioned below.

Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick-response sprinklers spaced throughout the attic in

ORDINANCE No. 2025

accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines. The sprinklers are to have interior warning devices approved by the Fire Chief.

2. Approved automatic sprinkler systems shall include a waterflow detecting device, and valves controlling such systems, and shall be supervised by a monitoring device or devices. Waterflow and monitoring devices shall operate on a continuous basis, to provide immediate notification of any activation of such systems to a central station as described in the NFPA Pamphlet No. 72, as it now exists or as it may from time to time be amended. Underground key or hub valves in roadway boxes provided by the City or a public utility need not be monitored.

Sprinkler riser rooms and Fire Department connections shall be marked as requested by the Fire Chief.

3. Notwithstanding the provisions of this Code or the provisions of any other codes of the City of Turlock, approved automatic sprinkler systems shall be installed in those buildings, structures or combination of building and structure hereinafter constructed, which meet any one (1) of the following criteria:
(a) Have a total aggregate floor area of five thousand (5,000) square feet or more. Aggregate floor area shall be determined by measuring and totaling the area within the outside walls of the structure for each floor, or mezzanine and basement; the area beneath all attached projections from the outside walls that are four (4’) feet or larger; and the floor area of any attached garage. If the structure has no outside walls, the area shall be measured from the edge of the eaves projection. If structures are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.
(b) Are three (3) stories or more, irrespective of height; including basements, cellars and/or mezzanines.
(c) When an existing building is modified to cause it to exceed any of the thresholds set forth above.

ORDINANCE No. 2025

(d) Any new building constructed for a Group A occupancy (as defined in California Building Code Section 303.1) or modified for Group A use.

4. Exceptions: When applying the provisions of this chapter, each portion of an existing building or structure separated by one (1) or more fire walls may be considered a separate building or structure; provided, that the fire walls meet the requirements of Section 705 of the current adopted edition of the California Building Code and the individual areas do not exceed the limits specified in Section 4-3-203 (3)(a) of this Code. Fire walls may not be added to avoid the installation of fire sprinklers in new buildings. Fire walls may not be added to existing buildings during remodel/addition to avoid the installation of fire sprinklers.

5. The Fire Chief shall have the power and authority to modify the enforcement of any part of this section. Such modification shall be upon terms and conditions as he/she shall deem proper, and shall become validated by passage of a Resolution from the City Council of the City of Turlock.

6. Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.

1. An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet. a. Fire area calculations shall include all floors, mezzanine, basements and any attached projections greater than four (4) feet.
b. Structures which are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.
c. Buildings three (3) stories or more, irrespective of height; including basements, cellars and or mezzanines.
d. Any Group A occupancy as defined in the California Building Code or modified for Group A use.
e. CFC 901.4.4 may not be exercised to add fire walls to avoid the installation of fire sprinklers in new buildings or to existing buildings during remodel/ addition.

ORDINANCE No. 2025

2. Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick-response sprinklers spaced throughout the attic in accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines.

3. The sprinklers are to have interior warning devices approved by the Fire Chief.

4. Existing buildings and structures shall have approved automatic fire sprinklers installed when any of the following exist:
a. When doing a remodel or addition the value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet.
b. The remodel or addition cause the building to exceed five thousand (5,000) square feet as outlined in this code above.

5. 5. Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.
4-3-204 Fire Department access
(a) Appendix D Section D101.1 is amended by adding:

Appendix D shall only be enforced on private roadways, property and streets not public roadways.
(a) (b) Appendix D Section D103.5(1) of the CFC is amended by adding:

Gated communities may be approved to have fifteen (15’) foot gates when automatic opening devices such as Opticom systems or the equivalent are installed and when approved by the Fire Chief. Knox Box access shall also be provided. Dual keyed Knox products for Police access shall be required.

Where a fire apparatus road consists of a divided roadway, the gate width shall not be less than 15 feet.
(c) Appendix D Section D102.1 of the CFC is amended by adding:

Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with asphalt or concrete capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

ORDINANCE No. 2025

Buildings or structures shall have an approved asphalt or concrete fire access road installed and accepted prior to final inspection.
(c) Appendix D Section D103.5(5) of the CFC is amended by adding:

Electric gates shall be operable by means of a Knox key switch accessible by both police and fire. Electric gates at housing complexes, gated communities or rental storage facilities shall also be dual equipped with Opticom strobe light system or as required by the Fire Chief. All Gate shall automatically open upon power failure.
(b) (d) Appendix D Section D103.5(6) of the CFC is amended by adding:

Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain and or a Knox Box with keys to the gate is added to the gate location. Dual keyed access for the Police Department shall be required.
(e) Section 504.1 of the CFC is amended by adding:

A clear walkway to the rear of any building shall be provided for firefighter access. For commercial projects The clear walkway shall include a the minimum following: 24 32- inch gate in fences and a 30 36-inch clear path. The clear path may be grass, soil or solid surface.
(f) Section 505.1 of the CFC is amended by adding:

Residential numbers shall be illuminated from dusk to dawn. (g) Section 505.1.1 of the CFC is amended by adding 501.1:

New commercial buildings, commercial buildings undergoing occupancy change and commercial buildings undergoing renovation shall have a minimum of 6-inch Arabic numerals or alphabet letters indicating the building’s street address. The numerals and letters are to have a 3/4-inch stroke and contrast with their background. The address shall be internally or externally illuminated from dusk until dawn. The address shall face the street or road fronting the property. Buildings which set back from the road or street over 100 feet may be required to have larger numerals/letters as required by the Fire Chief. Rear addresses may be required due to property configuration.
(h) Section 506.1.1 of the CFC is amended by adding:

When gates are required or requested across required fire access lanes, an automatic gate may be required. The gate will be required to open with the Opticom strobe light system (h) Section 507.5.1.2 of the 2022 2025 California Fire Code is hereby added to read as follows:

ORDINANCE No. 2025

Spacing. Fire hydrants shall be spaced nominally every 500 linear feet in residential areas and 300 linear feet in commercial or industrial areas and shall comply with city building standards. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other. used by the Turlock Fire Department. A Knox Box entry will also be required. (i) Section 912.4.1 of the CFC is amended by adding:

Locking Knox fire department connection caps will be required on all new installations. Knox caps will be required on existing fire department connections when required by the Fire Chief.
(j) Section 912.8 of the CFC 2022 2025 California Fire Code is amended by adding:

A fire hydrant shall be located within 75’ of all required fire department connections (FDC). Fire hydrants serving sprinkler systems shall be located on the City side of the back-flow prevention device. Fire department connections and hydrants shall be installed to prevent the FDC from pressurizing any hydrants. (k) Section 912.9 of the CFC is amended by adding:

Fire hydrants shall not be placed on the fire suppression side of a fire department connection. The Fire Chief may require a looped underground fire service to large projects when deemed necessary.
(k) Section 507.5 of the 2022 2025 California Fire Code is hereby amended to read as follows:

Fire hydrant systems. Fire hydrant systems shall comply with section 507.5.1 through 507.5.6 and Appendix C or by an approved method. Fire hydrants shall be located on the supply side of the fire suppression system check valve and accessible from the apparatus roads in compliance with Section 503.1 and Appendix D. Fire hydrants shall not be on the fire pump supply system unless supplied municipal pressures are not adequate for fire flow requirements. The fire code official may require a looped underground fire service for large projects when deemed necessary. (l) (d) Section 506.3 of the CFC is amended by adding:

All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box). A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Materials plans will be required at commercial sites with significant

ORDINANCE No. 2025

amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.
(m)Section 503.2.3 of the California Fire Code is hereby amended by adding:

All weather shall be concrete or asphalt only.
(n) Section 507.5.1 of the 2022 2025 California Fire Code is hereby amended to read as follows:

Where required. When a portion of the facility or building here after constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.
(o) Section 507.5.1.1 of the 2022 2025California Fire Code is hereby amended to read as follows:

Hydrants for Standpipe systems. Buildings equipped with a standpipe system installed in accordance with section 903 shall have a fire hydrant within 75 feet of the fire department connection.

Exception: DELETED
4-3-205 Agricultural fire/pits barbecues/bonfires
(a) Section 307 of the CFC is amended by adding Section 307.2.2 as follows:

The only open burning allowed in the City will be products of agricultural pursuit. A permit shall be issued by the City and the San Joaquin Valley Air Control District.
(b) Section 307.4.1 of the CFC, Bonfires, is deleted.

Section 307.1-307.5 of the 2025 California Fire Code is hereby amended by adding and deleting the following:
307.1 No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled,

ORDINANCE No. 2025

conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas in the city limits in which agricultural uses are lawful or as regulated or prohibited by other municipal codes.
307.4.1 Deleted
307.4.2 shall be prohibited except for religious ceremonies and shall comply with other regulation or prohibitions of other city municipal codes or uses. Permit required. 307.4.3 shall comply with other regulation or prohibitions of other city municipal codes or uses.
307.5 Open burning or use of portable outdoor fire places as used at one and twofamily dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available. 4-3-206 Electronics disconnects/solar photovoltaic systems (a) Section 603.4.1 of the CFC is amended by adding:

The main electrical service to any commercial building must be accessible for emergency shut-off from the outside of the building. This may be accomplished by providing a (one) main disconnect or a shunt trip device. If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip.

Photovoltaic (PV) power disconnects shall be located with the main electrical disconnect. Shunt trips or main disconnects, PV and generator controls shall be identified by signs approved by the Fire Chief. All disconnects shall not be separated by obstruction or fences. Exception: Electrical control room with a marked door that is accessible from the outside of the building.
(b) Section 1205.2.1 of the 2022 2025 CFC California Fire Code is amended by adding:

Residential solar photovoltaic systems shall have minimal exposed electrical conduit on roof top. Conduit may not be running over a roof ridge or ridges, unless approved by the Fire Chief.
4-3-207 Use of incinerators
Section 605.8 605.7 of the CFC 2022 2025 California Fire Code is hereby amended to read as follows:

The use of incinerators within the City limits of the City of Turlock is prohibited.

Exception: Human and pet incinerators.

ORDINANCE No. 2025

Incinerators. The use of incinerators is prohibited inside the city.

EXCEPTION: Incinerators used by state licensed facilities for the cremation of human or pet remains.
4-3-208 False alarms
Section 907.1.6 of the CFC is hereby amended added to read as follows:

It shall be unlawful for a person to give, signal or transmit a false fire alarm. The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or similar structures that have excessive false fire alarms.

Excessive false alarms shall be defined as more than three (3) false alarms in twelve (12) consecutive months.
4-3-209 Hotworks
Section 3504.2.6 of the CFC is amended to read as follows:

A minimum of 2-A:20B:C-rated fire extinguisher shall be located within thirty (30) feet of the location where hotworks is in progress and shall be accessible without climbing stairs. When required by the Fire Chief, a minimum 1-A:20B:C-rated fire extinguisher shall be mounted to each portable welding cart. All parts of this section shall comply with Section 906.

Not less than one portable fire extinguisher complying with section 906 and with a minimum 2-A:20BC rating shall be provided with ready access within 30 feet of the location where the hot works is being performed and without climbing stairs. 4-3-210 Portable unvented heating appliances
Section 603.9 of the CFC is amended to read as follows:

Portable, unvented heating appliances shall not be used in occupied buildings within the City limits of the City of Turlock. which produce carbon monoxide (CO) shall not be used in occupied buildings. Exception: When approved, listed portable unvented oil burning heating appliances may be used in any occupancy during construction when such use is necessary for the construction and does not represent a hazard to life or property.

Section 4103.1 of the 2025 California Fire Code is hereby amended to read as follows:

Portable unvented fuel-fired heating equipment which produces carbon monoxide (CO) shall be prohibited in any occupancy or building.

Exception:

ORDINANCE No. 2025

Buildings or structures under construction as outlined in chapter 33 of the 2025 California Fire Code.
4-3-211 Explosive materials prohibited and limited acts (a) Section 5604.1.1 of the CFC shall be amended added to read:

Limits established by law. The storage of explosives and blasting agents is restricted to those areas of the city zoned as Heavy Industrial (M-2).

Exception: Temporary storage for use in connection with approved blasting operations conducted in accordance with all applicable provisions of Chapter

56. (b) Section 5605.1.1 of the CFC shall be amended to read:

Manufacturing. Explosive materials and fireworks shall not be manufactured within the city limits of Turlock.
4-3-212 Operating heating, lighting, and cooking appliances (a) Section 5705.3.3 of the CFC is hereby amended to read as follows:

Heating, lighting or cooking appliances which utilize Class I liquids shall not be operated within a building or structure within the city limits of Turlock (b) Section 5705.1.1 5706.5.1.1 is hereby amended to read as follows:

Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited 4-3-213 Operations of tank vehicles
Section 5705.1.1 is hereby amended to read as follows:

Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited.

Section 5706.5 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Bulk Transfer and Process Transfer Operations. Bulk transfer and process transfer operations shall be in approved locations. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring flammable or combustible liquids. Tank vehicle and tank car transfer facilities shall be separated from buildings, aboveground tanks, combustible materials, property lines, streets, alleys or public ways by a distance of twenty (25) feet (7620 mm) for Class I liquids and fifteen (15)

ORDINANCE No. 2025

feet (4572 mm) for Class II and III liquids measured from the nearest position of any loading or unloading valve.

Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations. 4-3-214 Deposits of hazardous materials: Cleanup, abatement, or mitigation required: Liability for costs
(a) Section 5003.3.1.4 of the CFC is amended to read as follows:

Responsibility of cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no costs to the jurisdiction. When deemed necessary by the Fire Chief, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.

For purposes of this section, costs incurred by the City of Turlock shall include, but shall not be necessarily limited to the following: actual labor costs of City employees at their fully burdened hourly rate, cost of equipment operation, cost of materials obtained directly by the City, and cost of any contract labor and materials. (b) Section 5001.2 of the CFC, the definition of “Hazardous Materials,” is hereby amended to read as follows:

Definition: Hazardous materials. are those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 50, or as defined in the California Health and Safety Code, Division 20, Chapter 6.95, commencing with Section 25500, whether the materials are in useable or waste condition.

NFPA 704 placards may be required on all commercial buildings/structures with hazardous materials as required by the Fire Chief.
4-3-215 Location of containers
(a) Section 6103.1.1 of the California Fire Code is hereby added to read as follows:

Prohibited. LP-gas installations pertinent to systems are not permitted in any residential (R) zones regardless of water capacity.
(b) Section 6104.2 of the CFC California Fire Code is amended to read as follows:

ORDINANCE No. 2025

Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000-gallon water capacity.

The storage of liquefied petroleum gases is restricted to those areas of the City zoned Commercial-Industrial zone; M-1 and M-2 Industrial zones and in addition thereto to properties used as Automotive Service Stations located in the areas of the City zoned for commercial use.

Whenever the Fire Chief, in his discretion, determines the storage of liquefied petroleum gases is necessary in other areas, the aggregate capacity of any such installation shall not exceed 2,000 gallon water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Chief, after consideration of special features such as topographical condition, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local Fire Department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance. (c) Section 5504.3.1.1.3 of the 2025 California Fire Code is adopted by reference, in addition to the following:

Location. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law (table 5504.3.1.1). All R-1, R-2 and R-3 zoning designations as identified in the municipal code. 4-3-216 Outside storage and use of liquefied petroleum gas Section 6101.2 of the CFC is hereby amended to read as follows:

Permits shall be required as set forth in Sections 105.6 and 105.7.

Permits and Plans. A permit is required to store, use, handle or maintain any portable or stationary LP-gas container. The installer shall submit plans for any stationary LP-gas installation, regardless of size.

Exceptions:
(1) Containers not exceeding five (5) gallon water capacity, used for residential “barbecue” cooking, when used and stored outside of buildings.

ORDINANCE No. 2025

(2) Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.
(3) Factory-installed containers for recreational vehicles not exceeding tengallon water capacity. (4) Factory-installed tanks that are permanently attached to recreational vehicles.

Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for the installation for the location has been issued for that location by the Fire Chief. 4-3-218 Special enclosures, i.e., ConVaults
(a) Section 5704.2.9.5 of the CFC is amended by adding the following:

The storage of Class I, II, and III A/B flammable and combustible liquids in aboveground tanks inside of buildings shall be in an approved double walled/protected tank. The tank shall be approved by the Fire Chief and installed per the CFC/NFPA.
(b) Section 5704.2.9.6.1 of the CFC is amended by adding the following:

The storage of Class I, II and III A/B flammable and combustible liquids in aboveground tanks outside a building is prohibited. Exception: Protected/ double walled aboveground tanks shall be approved by the Fire Chief. Aboveground tanks shall be installed per the CFC/NFPA.
(c) Section 312.2(2) of the CFC is amended to read as follows:

Spaced not more than 3 ft. (914 mm) between posts on center. (c) Section 312.2 of the 2025 California Fire Code is hereby amended to read as follows:

Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:

1. Constructed of steel not less than six inches in diameter and concrete-filled;

2. Spaced not more than three feet between posts on center;

3. Set not less than three feet deep in a concrete footing of not less than a fifteen-inch diameter;

ORDINANCE No. 2025

4. Set with the top of the posts not less than three feet above ground; and

5. Located not less than five feet from the protected object. 4-3-219 Standpipe requirements
Section 905.3.1 of the CFC 2022 2025 California Fire Code is amended to read as follows:

Occupancies three or more stories in height shall be provided with a Class 1 standpipe system approved by the Fire Chief. (Except Group R-3 and R-3.1) Occupancies less than three stories in height but greater than 20,000 square feet per floor shall be required to install Class1 standpipe approved by the Fire Chief.

Garden type apartment complexes may be required to install Class 1 standpipe systems approved by the Fire Chief.
4-3-220 Alarm certifications
(a) Section 907.1.6 of the CFC is hereby amended added to read:

Certification. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm/monitoring systems installed after January 1, 2003. UL certification shall be provided for all previously existing commercial fire alarm systems no later than January 1, 2005. UL certification is required to be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building.

The UL certified system is to be monitored by a UL Central Station with all required services.

Exception. Supervisory service is not required for:

Automatic sprinkler systems in one and two-family dwellings. 4-3-221 Spray booths
Section 2401 2402 of the 2022 2025 CFC California Fire Code is hereby amended by adding:
2402.2 Spray booth is a listed mechanically ventilated appliance of varying dimensions and construction provided to enclose or accommodate a spraying operation and to confine and limit the escape of spray vapor and residue and to exhaust it safely.

Section 2401 2401.1 of the 2022 2025 CFC California Fire Code is hereby amended by adding:

ORDINANCE No. 2025

6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy.
4-3-222 Powered industrial trucks and equipment
Section 309 of the CFC is amended by adding Section 309.5.1 to read:

Forklifts. All LPG or natural gas driven equipment which operate inside shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906.
4-3-223 Combustible waste
Section 304.1.2 304.1.3 of the 2022 2025 California Fire Code is hereby amended by adding the following:

Vegetation abatement shall comply with the city municipal codes. The city may recover from the property owner those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such public nuisance and has failed to do so.
4-3-224 Pallet storage yards
Section 1106.2 of the California Fire Code is hereby by adding to read as follows:

Pallet Storage, Manufacturing and/or Recycling Facilities shall be maintained in accordance with Section 2810 of the California Fire Code. 4-3-301 Validity.

Section 1.1.12 of the CFC shall be amended to read:

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
4-3-302 Violations: Penalties.

Section 112.4 113.4 of the CFC is amended by adding:

ORDINANCE No. 2025

Violation of any provisions of this chapter or any International Code adopted by this chapter shall constitute a misdemeanor/infraction as provided in Title 1, Chapter 2 of the Turlock Municipal Code.
4-3-409 Sales, storage, use, and handling of fireworks.

CCR Title 19, Division 1, Chapter 6, Fireworks, is amended to read as follows:
(a) General. Sales, storage, use and handling of fireworks shall be in accordance with this division.
(b) (b) Fireworks not allowed in the City. Piccolo Petes, Whistling Petes and similar devices shall not be sold, possessed or used in the City limits. The Fire Chief shall have final determination regarding decisions pertaining to similar devices. (j) Stand construction. Merchandise may be displayed in approved glass enclosed counters or showcases, or merchandise may be displayed in stands constructed in the following manner:
(1) Walls shall be of plywood at least one-quarter (1/4") inch thick or of an approved noncombustible material.
(2) Each fireworks stand shall have a roof covering of aluminum or sheet iron.

SECTION 4. VALIDITY: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.

SECTION 5. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with the names of the members of the City Council voting for and against the same.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ORDINANCE No. 2025

Signed and approved this ____ day of _________________, 2025.

SIGNED:
___________________________
Amy Bublak, Mayor
ATTEST:
_____________________________
Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus
State of California

City Council Staff Report
October 14, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Randy Jones, P.E., Sr. Civil Engineer
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Appropriating $1,912,000 to Fund 228 "Park Development Tax" account number 228-60-606.51270 “Construction Project” from unallocated reserves for the construction of City Project No. 21-043 "John Lazar Park"
Motion: Awarding bid and approving an Agreement with Taylor Backhoe Service, Inc DBA TBS Contractors of Merced, California in the amount of $1,471,840.18 and authorizing a construction contingency amount of $147,184 (10%) for the construction of City Project No. 21-043 "John Lazar Park" to be funded by Fund 228 "Park Development Tax" Resolution: Determining the award of bid for construction of City Project No. 21-043 "John Lazar Park" is exempt from the provisions of CEQA in accordance with Section 15332 of the CEQA Guidelines

2. NARRATIVE:

The Northeast Turlock Master Plan requires the construction of two neighborhood parks.

The first has already been completed, and with the development of the Legends 3 subdivision, the second park is now due to be built. The developer has dedicated the rightof-way for this park site, and the project will include installation of perimeter sidewalks, landscape irrigation, and landscaping with trees, shrubs, and turf. Planned park amenities consist of playground equipment, a drinking fountain, a shade structure, benches, and safety lighting.

City staff advertised this project on August 2, 2025 through the Turlock Journal and on the City’s website for construction projects. On September 4, 2025, fourteen (14) bid proposals were received for City Project No. 21-043 “John Lazar Park.” Taylor Backhoe Service, Inc DBA TBS Contractors of Merced, California, was the lowest responsible bidder with a base bid amount of $1,471,840.18.

Bid Summary:

Bidder Bid Amount
TBS Contractors $1,471,840.18
Odyssey Companies $1,500,025.99
Schreder and Brandt MFG, Inc. $1,564,452.30
Machado and Sons $1,566,742.45

Agenda Staff Report
10/14/2025
American Paving Co. $1,582,534.65
Frontline General Eng. $1,617,758.65
BZ Construction $1,693,886.84
Wabo Landscape and Construction Inc. $1,701,740.20
F. Loduca Co. $1,758,506.28
Clean Cut Landscape $1,770,207.52
Integra Construction Services $1,837,000.01
KYA Services, LLC $1,823,673.15
JPB Designs, Inc. $1,844,886.10
Hanford Applied Rs. And Conservation $2,592,497.70

Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with TBS Contractors of Merced, California as the lowest responsive, responsible bidder with a bid amount of $1,471,840.18.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The estimated project costs are shown in the table below:

Preliminary Engineering
- Staff
$17,630.69
Preliminary Engineering
- Consultant
$80,191.25
TID Electrical Service
Connection
$8,330.00
Construction Contract
– TBS Contractors
$1,471,840.18
Construction Contingency $147,184.00
Building Permits $12,000.00
Materials Testing
- BSK Associates
$18,795.50
Construction Staking
- Westwood
$18,500.00
Engineering Services During
Construction
- Westwood
$11,800.00

Agenda Staff Report
10/14/2025
Construction
administration/management
• City Engineering
$125,000.00
Total Estimated
Construction Cost
$1,911,271.62
CP 21-043
John Lazar Park
Project Expenses in Previous Fiscal Years $106,151.94
Estimated Project Expenses in FY 25-26 $1,706,527.70
Estimated Project Expenses in FY 26-27 $98,591.98
Total Estimated Project Cost $1,911,271.62
The designated project account number for preliminary engineering is Fund 228 "Park Development Tax" account number 228-60-606.47600_002 "Park Development NP23 Colorado/Markley Park." All preliminary engineering charges have been expended in previous fiscal years. It is anticipated that all construction-related costs will be expended in Fiscal Years 2025 - 2026 and 2026 - 2027.

The designated construction project account is Fund 228 “Park Development Tax” account number 228-60-606.51270 “Construction Project.” A budget amendment is required in order to fund this project. Staff recommend an appropriation of funds from Fund 228 unallocated reserves to account number 228-60-606.51270.

4. ENVIRONMENTAL DETERMINATION:

This project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Project).

5. ATTACHMENTS:

1. Bidder's Summary

2. Draft Resolution - Appropriation

3. Draft Resolution - CEQA Determination

4. CP 21-043 Agreement

CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: John Lazar Park
PROJECT NUMBER: 21-043
BID OPENING:
10:00 AM
ANTICIPATED COUNCIL AWARD DATE: October 14, 2025
1 2 3 4
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 Stormwater Pollution Prevention Plan and
Implementation LS 1 $20,000.00 $20,000.00 16,274.80 $ 16,274.80 $ 17,507.22 $ 17,507.22 $ 11,850.00 $ 11,850.00 $ 54,533.00 $ 54,533.00 $ 2 Site Grading (Rough/Fine) SF 167,926 $1.40 $235,096.40 $ 0.37 $ 62,132.62 $ 0.66 $ 110,831.16 $ 0.85 $ 142,737.10 $ 1.02 $ 171,284.52 3 8" Storm Drain (PVC SDR-26) LF 477 $70.00 $33,390.00 $ 64.57 $ 30,799.89 $ 15.11 $ 7,207.47 $ 95.00 $ 45,315.00 $ 94.91 $ 45,272.07 4 High Drop Down Inlet EA 4 $2,400.00 $9,600.00 $ 5,927.37 $ 23,709.48 $ 2,934.21 $ 11,736.84 $ 6,200.00 $ 24,800.00 $ 4,371.25 $ 17,485.00 5 1" Water Line for Drinking Fountain LF 596 $ - $ - $ - $ - $ - $ - $ - $ - 6 4" Concrete Flatwork - Site Finish 'A' SF 12,161 $20.00 $243,220.00 $ 11.63 $ 141,432.43 $ 17.35 $ 210,993.35 $ 10.73 $ 130,487.53 $ 14.69 $ 178,645.09 7 12" Wide Deepend Concrete Playground Curb -
Site Feature '1' LF 224 $60.00 $13,440.00 61.06 $ 13,677.44 $ 100.74 $ 22,565.76 $ 45.39 $ 10,167.36 $ 21.50 $ 4,816.00 $ 8 12" Wide Deepend Concrete Playground Curb -
Site Feature '12' LF 56 $45.00 $2,520.00 107.35 $ 6,011.60 $ 130.39 $ 7,301.84 $ 43.22 $ 2,420.32 $ 120.50 $ 6,748.00 $ 9 Thickened Walkway Edge at Playground - Site
Feature '14' LF 258 $80.00 $20,640.00 22.54 $ 5,815.32 $ 70.56 $ 18,204.48 $ 36.05 $ 9,300.90 $ 15.50 $ 3,999.00 $ 10 Thickened Walkway Edge at Turf Grass - Site
Feature '15' LF 771 $80.00 $61,680.00 14.16 $ 10,917.36 $ 65.37 $ 50,400.27 $ 4.61 $ 3,554.31 $ 4.10 $ 3,161.10 $ 11 Concrete Picnic Tables - Site Feature '2A' EA 3 $1,590.00 $4,770.00 $ 2,605.51 $ 7,816.53 $ 1,936.31 $ 5,808.93 $ 3,257.56 $ 9,772.68 $ 2,380.00 $ 7,140.00 12 Concrete Picnic Tables, Accessible - Site
Feature '2B' EA 1 $1,650.00 $1,650.00 2,398.52 $ 2,398.52 $ 1,987.84 $ 1,987.84 $ 2,370.00 $ 2,370.00 $ 2,720.00 $ 2,720.00 $ 13 Concrete Benches - Site Feature '3' EA 11 $1,470.00 $16,170.00 $ 1,985.61 $ 21,841.71 $ 1,655.47 $ 18,210.17 $ 1,422.00 $ 15,642.00 $ 1,540.00 $ 16,940.00 14 Drinking Fountain (Includes Drywell System) -
Site Feature '4' EA 1 $11,500.00 $11,500.00 26,031.14 $ 26,031.14 $ 17,366.74 $ 17,366.74 $ 7,110.00 $ 7,110.00 $ 19,990.00 $ 19,990.00 $ 15 Group BBQ - Site Feature '6' EA 2 $1,620.00 $3,240.00 $ 2,362.53 $ 4,725.06 $ 1,840.58 $ 3,681.16 $ 2,962.50 $ 5,925.00 $ 2,685.00 $ 5,370.00 16 Service Table - Site Feature '7' EA 2 $940.00 $1,880.00 $ 1,652.49 $ 3,304.98 $ 1,060.18 $ 2,120.36 $ 1,422.00 $ 2,844.00 $ 1,600.00 $ 3,200.00 17 Trash Receptacles - Site Feature '8' EA 5 $1,070.00 $5,350.00 $ 1,300.76 $ 6,503.80 $ 1,196.40 $ 5,982.00 $ 1,185.00 $ 5,925.00 $ 1,205.00 $ 6,025.00 18 Dog Pot Station - Site Feature '9' EA 4 $800.00 $3,200.00 $ 1,788.22 $ 7,152.88 $ 876.32 $ 3,505.28 $ 1,422.00 $ 5,688.00 $ 1,358.00 $ 5,432.00 19 Park Sign - Double Sided - Site Feature '10' EA 2 $9,000.00 $18,000.00 $ 9,028.00 $ 18,056.00 $ 10,244.92 $ 20,489.84 $ 7,110.00 $ 14,220.00 $ 7,696.00 $ 15,392.00 20 Playground Equipment LS 1 $250,000.00 $250,000.00 $ 352,079.80 $ 352,079.80 $ 304,794.86 $ 304,794.86 $ 321,785.57 $ 321,785.57 $ 311,100.00 $ 311,100.00 21 Wood Engineered Fiber Surfacing (12" Depth) -
Site Finish 'C' CY 266 $95.00 $25,270.00 189.14 $ 50,311.24 $ 105.11 $ 27,959.26 $ 86.50 $ 23,009.00 $ 127.00 $ 33,782.00 $ 22 Concrete Playground Ramp - Site Feature '13' EA 2 $5,500.00 $11,000.00 $ 6,527.00 $ 13,054.00 $ 4,570.35 $ 9,140.70 $ 2,340.37 $ 4,680.74 $ 1,681.00 $ 3,362.00 23 34'x24' Shade Structure at Main Park - Site
Feature '5' EA 1 $80,000.00 $80,000.00 103,049.30 $ 103,049.30 $ 94,396.53 $ 94,396.53 $ 118,500.00 $ 118,500.00 $ 103,200.00 $ 103,200.00 $ 24 Electrical Service LS 1 $30,000.00 $30,000.00 $ 54,554.74 $ 54,554.74 $ 62,431.20 $ 62,431.20 $ 23,893.16 $ 23,893.16 $ 63,705.00 $ 63,705.00 25 Post Light EA 1 $12,000.00 $12,000.00 $ 16,549.30 $ 16,549.30 $ 40,349.85 $ 40,349.85 $ 30,914.28 $ 30,914.28 $ 18,080.00 $ 18,080.00 26 Electrical Connections for New Irrigation
Controller and Booster Pump LS 1 $15,000.00 $15,000.00 2,325.32 $ 2,325.32 $ 8,554.85 $ 8,554.85 $ 12,089.37 $ 12,089.37 $ 7,985.00 $ 7,985.00 $ 27 Park Sign Uplighting EA 4 $10,000.00 $40,000.00 $ 2,157.57 $ 8,630.28 $ 2,834.65 $ 11,338.60 $ 13,868.94 $ 55,475.76 $ 2,435.00 $ 9,740.00 28 Soil Conditioning and Amendments SF 148,799 $0.50 $74,399.50 $ 0.24 $ 35,711.76 $ 0.54 $ 80,351.46 $ 0.41 $ 61,007.59 $ 0.38 $ 56,543.62 29 1 Gallon Shrubs EA 6 $35.00 $210.00 $ 18.30 $ 109.80 $ 12.76 $ 76.56 $ 11.85 $ 71.10 $ 18.25 $ 109.50 August 28, 2025 September 4, 2025

SCHREDER & BRANDT MFG,
INC

CHICO, CA
ENGINEER'S EST. TBS CONTRACTORS

MERCED, CA

ODYSSEY COMPANIES

LODI, CA

MACHADO AND SONS
CONSTRUCTION INC.

TURLOCK, CA

Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

SCHREDER & BRANDT MFG,
INC

CHICO, CA
ENGINEER'S EST. TBS CONTRACTORS

MERCED, CA

ODYSSEY COMPANIES

LODI, CA

MACHADO AND SONS
CONSTRUCTION INC.

TURLOCK, CA
30 5 Gallon Shrubs EA 4 $50.00 $200.00 $ 36.60 $ 146.40 $ 25.75 $ 103.00 $ 35.55 $ 142.20 $ 55.00 $ 220.00 31 15 Gallon Trees EA 61 $250.00 $15,250.00 $ 134.20 $ 8,186.20 $ 216.94 $ 13,233.34 $ 296.25 $ 18,071.25 $ 283.00 $ 17,263.00 32 Tree Root Barriers LF 877 $15.00 $13,155.00 $ 13.49 $ 11,830.73 $ 12.41 $ 10,883.57 $ 11.85 $ 10,392.45 $ 11.00 $ 9,647.00 33 Top Dressing - Decomposed Granite
Decorative Mulch (3" Min Depth) SF 682 $5.00 $3,410.00 4.47 $ 3,048.54 $ 1.09 $ 743.38 $ 2.07 $ 1,411.74 $ 1.95 $ 1,329.90 $ 34 Hydroseed Turf Grass SF 148,530 $0.30 $44,559.00 $ 0.24 $ 35,647.20 $ 0.17 $ 25,250.10 $ 0.11 $ 16,338.30 $ 0.11 $ 16,338.30 35 180-Day Maintenance Establishment Period LS 1 $44,725.50 $44,725.50 $ 14,640.00 $ 14,640.00 $ 18,000.00 $ 18,000.00 $ 10,665.00 $ 10,665.00 $ 10,395.00 $ 10,395.00 36 Irrigation System - RWS for Trees EA 122 $150.00 $18,300.00 $ 148.56 $ 18,124.32 $ 70.36 $ 8,583.92 $ 207.37 $ 25,299.14 $ 193.00 $ 23,546.00 37 Irrigation System - Drip/Bubblers SF 269 $6.00 $1,614.00 $ 6.80 $ 1,829.20 $ 1.39 $ 373.91 $ 8.29 $ 2,230.01 $ 8.15 $ 2,192.35 38 Irrigation System - Turf Rotors SF 148,530 $1.75 $259,927.50 $ 1.03 $ 152,985.90 $ 0.75 $ 111,397.50 $ 0.95 $ 140,806.44 $ 0.90 $ 133,677.00 39 Irrigation Controller and Weather Station EA 1 $10,000.00 $10,000.00 $ 7,320.00 $ 7,320.00 $ 9,533.02 $ 9,533.02 $ 11,850.00 $ 11,850.00 $ 11,480.00 $ 11,480.00 40 Irrigation Booster Pump EA 1 $45,500.00 $45,500.00 $ 51,362.00 $ 51,362.00 $ 49,751.24 $ 49,751.24 $ 47,400.00 $ 47,400.00 $ 43,770.00 $ 43,770.00 41 Irrigation Flow Sensor and Master Valve EA 1 $5,500.00 $5,500.00 $ 3,660.00 $ 3,660.00 $ 3,767.47 $ 3,767.47 $ 4,740.00 $ 4,740.00 $ 4,925.00 $ 4,925.00 42 3" Backflow Preventer (Irrigation) EA 1 $5,000.00 $5,000.00 $ 11,102.00 $ 11,102.00 $ 15,264.67 $ 15,264.67 $ 6,300.00 $ 6,300.00 $ 6,975.00 $ 6,975.00 43 3/4" 1"Backflow Prevention (Drinking Founatin) EA 1 $2,500.00 $2,500.00 $ 5,978.00 $ 5,978.00 $ - $ - $ 4,200.00 $ 4,200.00 $ 5,471.00 $ 5,471.00 44 General Conditions (Max 3%) LS 1 $51,623.00 $51,623.00 $ 18,300.00 $ 18,300.00 $ 22,250.98 $ 22,250.98 $ 42,000.00 $ 42,000.00 $ 16,500.00 $ 16,500.00 45 Mobilization and Demobilization (Max 5%) LS 1 $86,039.00 $86,039.00 $ 40,230.72 $ 40,230.72 $ 2,510.26 $ 2,510.26 $ 70,000.00 $ 70,000.00 $ 30,748.00 $ 30,748.00 46 Construction Project Sign EA 2 $1,000.00 $2,000.00 $ 1,220.00 $ 2,440.00 $ 2,204.31 $ 4,408.62 $ 2,500.00 $ 5,000.00 $ 1,795.00 $ 3,590.00 47 Temporary Construction Fencing LS 1 $2,500.00 $2,500.00 $ 7,417.60 $ 7,417.60 $ 7,794.37 $ 7,794.37 $ 20,000.00 $ 20,000.00 $ 9,552.00 $ 9,552.00 48 Bike Racks (Site Feature 16) EA 3 $750.00 $2,250.00 $ 2,065.87 $ 6,197.61 $ 567.81 $ 1,703.43 $ 1,500.00 $ 4,500.00 $ 1,380.00 $ 4,140.00 49 Drinking Fountain Supply Line and Connection
to Main LS 1 $7,500.00 $7,500.00 6,341.56 $ 6,341.56 $ 7,177.42 $ 7,177.42 $ 6,000.00 $ 6,000.00 $ 22,956.00 $ 22,956.00 $ 50 Relocated Street Sign EA 1 $1,500.00 $1,500.00 $ 305.00 $ 305.00 $ 2,985.71 $ 2,985.71 $ 300.00 $ 300.00 $ 4,176.00 $ 4,176.00 51 Non-Potable Water Signage LS 1 $2,500.00 $2,500.00 $ 427.00 $ 427.00 $ 1,203.12 $ 1,203.12 $ 250.00 $ 250.00 $ 1,691.00 $ 1,691.00 52 Work Not Included in Other Bid Items LS 1 $5,000.00 $5,000.00 $ 19,343.10 $ 19,343.10 $ 7,812.38 $ 7,812.38 $ 15,000.00 $ 15,000.00 $ 10,400.00 $ 10,400.00 Base Bid Total = $1,873,778.90 1,471,840.18 $ 1,500,025.99 $ $ 1,564,452.30 $ 1,566,742.45

CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: John Lazar Park
PROJECT NUMBER: 21-043
BID OPENING:
10:00 AM
ANTICIPATED COUNCIL AWARD DATE: October 14, 2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total
1 Stormwater Pollution Prevention Plan and
Implementation LS 1 $20,000.00 $20,000.00
2 Site Grading (Rough/Fine) SF 167,926 $1.40 $235,096.40 3 8" Storm Drain (PVC SDR-26) LF 477 $70.00 $33,390.00
4 High Drop Down Inlet EA 4 $2,400.00 $9,600.00
5 1" Water Line for Drinking Fountain LF 596
6 4" Concrete Flatwork - Site Finish 'A' SF 12,161 $20.00 $243,220.00 7 12" Wide Deepend Concrete Playground Curb -
Site Feature '1' LF 224 $60.00 $13,440.00
8 12" Wide Deepend Concrete Playground Curb -
Site Feature '12' LF 56 $45.00 $2,520.00
9 Thickened Walkway Edge at Playground - Site
Feature '14' LF 258 $80.00 $20,640.00
10 Thickened Walkway Edge at Turf Grass - Site
Feature '15' LF 771 $80.00 $61,680.00
11 Concrete Picnic Tables - Site Feature '2A' EA 3 $1,590.00 $4,770.00 12 Concrete Picnic Tables, Accessible - Site
Feature '2B' EA 1 $1,650.00 $1,650.00
13 Concrete Benches - Site Feature '3' EA 11 $1,470.00 $16,170.00 14 Drinking Fountain (Includes Drywell System) -
Site Feature '4' EA 1 $11,500.00 $11,500.00
15 Group BBQ - Site Feature '6' EA 2 $1,620.00 $3,240.00 16 Service Table - Site Feature '7' EA 2 $940.00 $1,880.00 17 Trash Receptacles - Site Feature '8' EA 5 $1,070.00 $5,350.00 18 Dog Pot Station - Site Feature '9' EA 4 $800.00 $3,200.00 19 Park Sign - Double Sided - Site Feature '10' EA 2 $9,000.00 $18,000.00 20 Playground Equipment LS 1 $250,000.00 $250,000.00
21 Wood Engineered Fiber Surfacing (12" Depth) -
Site Finish 'C' CY 266 $95.00 $25,270.00
22 Concrete Playground Ramp - Site Feature '13' EA 2 $5,500.00 $11,000.00 23 34'x24' Shade Structure at Main Park - Site
Feature '5' EA 1 $80,000.00 $80,000.00
24 Electrical Service LS 1 $30,000.00 $30,000.00
25 Post Light EA 1 $12,000.00 $12,000.00
26 Electrical Connections for New Irrigation
Controller and Booster Pump LS 1 $15,000.00 $15,000.00
27 Park Sign Uplighting EA 4 $10,000.00 $40,000.00
28 Soil Conditioning and Amendments SF 148,799 $0.50 $74,399.50 29 1 Gallon Shrubs EA 6 $35.00 $210.00
August 28, 2025 September 4, 2025
ENGINEER'S EST.
5 6 7 8 9
Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total $ 25,000.00 25,000.00 $ 40,868.46 $ 40,868.46 $ 30,719.72 $ 30,719.72 $ 30,000.00 $ 30,000.00 $ 45,000.00 $ 45,000.00 $ $ 83,963.00 0.50 $ 0.84 $ 141,057.84 $ 1.59 $ 267,002.34 $ 1.00 $ 167,926.00 $ 0.83 $ 139,378.58 $ $ 35,775.00 75.00 $ 87.37 $ 41,675.49 $ 42.40 $ 20,224.80 $ 86.00 $ 41,022.00 $ 100.00 $ 47,700.00 $ $ 24,000.00 6,000.00 $ 3,147.89 $ 12,591.56 $ 11,448.00 $ 45,792.00 $ 5,000.00 $ 20,000.00 $ 6,000.00 $ 24,000.00 $ $ - - $ - $ - $ - $ - $ - $ - $ - $ - $
$ 121,610.00 10.00 $ 11.89 $ 144,594.29 $ 12.19 $ 148,242.59 $ 14.00 $ 170,254.00 $ 16.00 $ 194,576.00 $ $ 15,680.00 70.00 $ 119.15 $ 26,689.60 $ 58.30 $ 13,059.20 $ 69.00 $ 15,456.00 $ 86.50 $ 19,376.00 $ $ 2,800.00 50.00 $ 109.77 $ 6,147.12 $ 58.30 $ 3,264.80 $ 75.00 $ 4,200.00 $ 115.00 $ 6,440.00 $ $ 12,900.00 50.00 $ 125.63 $ 32,412.54 $ 42.40 $ 10,939.20 $ 46.00 $ 11,868.00 $ 54.00 $ 13,932.00 $ $ 2,313.00 3.00 $ 40.70 $ 31,379.70 $ 42.40 $ 32,690.40 $ 12.00 $ 9,252.00 $ 20.00 $ 15,420.00 $ $ 6,300.00 2,100.00 $ 2,301.06 $ 6,903.18 $ 1,758.09 $ 5,274.27 $ 1,450.00 $ 4,350.00 $ 2,265.00 $ 6,795.00 $ $ 2,200.00 2,200.00 $ 2,785.99 $ 2,785.99 $ 2,226.35 $ 2,226.35 $ 1,500.00 $ 1,500.00 $ 2,330.00 $ 2,330.00 $ $ 22,000.00 2,000.00 $ 1,669.44 $ 18,363.84 $ 1,560.81 $ 17,168.91 $ 1,370.00 $ 15,070.00 $ 2,000.00 $ 22,000.00 $ $ 25,000.00 25,000.00 $ 20,001.67 $ 20,001.67 $ 26,180.83 $ 26,180.83 $ 18,000.00 $ 18,000.00 $ 25,000.00 $ 25,000.00 $ $ 3,800.00 1,900.00 $ 2,171.42 $ 4,342.84 $ 2,024.59 $ 4,049.18 $ 1,670.00 $ 3,340.00 $ 2,065.00 $ 4,130.00 $ $ 3,000.00 1,500.00 $ 1,631.60 $ 3,263.20 $ 1,303.46 $ 2,606.92 $ 1,333.00 $ 2,666.00 $ 2,125.00 $ 4,250.00 $ $ 7,000.00 1,400.00 $ 1,526.05 $ 7,630.25 $ 1,124.40 $ 5,622.00 $ 1,090.00 $ 5,450.00 $ 1,800.00 $ 9,000.00 $ $ 4,800.00 1,200.00 $ 2,210.87 $ 8,843.48 $ 883.50 $ 3,534.00 $ 1,660.00 $ 6,640.00 $ 1,500.00 $ 6,000.00 $ $ 24,000.00 12,000.00 $ 6,254.50 $ 12,509.00 $ 9,025.28 $ 18,050.56 $ 13,500.00 $ 27,000.00 $ 11,360.00 $ 22,720.00 $ $ 240,000.00 240,000.00 $ 289,106.36 $ 289,106.36 $ 301,650.12 $ 301,650.12 $ 250,000.00 $ 250,000.00 $ 320,000.00 $ 320,000.00 $ $ 27,930.00 105.00 $ 85.41 $ 22,719.06 $ 65.75 $ 17,489.50 $ 26.00 $ 6,916.00 $ 115.00 $ 30,590.00 $ $ 2,200.00 1,100.00 $ 2,913.27 $ 5,826.54 $ 7,950.00 $ 15,900.00 $ 1,800.00 $ 3,600.00 $ 2,375.00 $ 4,750.00 $ $ 146,000.00 146,000.00 $ 80,510.62 $ 80,510.62 $ 72,703.28 $ 72,703.28 $ 104,000.00 $ 104,000.00 $ 115,000.00 $ 115,000.00 $ $ 15,000.00 15,000.00 $ 121,453.86 $ 121,453.86 $ 21,372.78 $ 21,372.78 $ 21,000.00 $ 21,000.00 $ 110,000.00 $ 110,000.00 $ $ 22,200.00 22,200.00 $ 12,385.28 $ 12,385.28 $ 27,653.28 $ 27,653.28 $ 26,000.00 $ 26,000.00 $ 9,500.00 $ 9,500.00 $ $ 9,000.00 9,000.00 $ 5,092.88 $ 5,092.88 $ 10,814.12 $ 10,814.12 $ 10,200.00 $ 10,200.00 $ 3,500.00 $ 3,500.00 $ $ 24,000.00 6,000.00 $ 1,367.62 $ 5,470.48 $ 12,405.98 $ 49,623.92 $ 11,700.00 $ 46,800.00 $ 1,050.00 $ 4,200.00 $ $ 52,079.65 0.35 $ 0.40 $ 59,519.60 $ 0.21 $ 31,247.79 $ 0.40 $ 59,519.60 $ 0.40 $ 59,519.60 $ $ 60.00 10.00 $ 49.50 $ 297.00 $ 15.90 $ 95.40 $ 20.00 $ 120.00 $ 11.50 $ 69.00 $

WABO LANDSCAPE &
CONSTRCTUION INC.

HERCULES, CA
F. LODUCA CO.

STOCKTON, CA
AMERICAN PAVING CO.

FRESNO, CA

FRONTLINE GENERAL ENG

TRACY,CA

BZ CONSTRUCTION

CERES, CA

Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total
ENGINEER'S EST.
30 5 Gallon Shrubs EA 4 $50.00 $200.00
31 15 Gallon Trees EA 61 $250.00 $15,250.00
32 Tree Root Barriers LF 877 $15.00 $13,155.00
33 Top Dressing - Decomposed Granite
Decorative Mulch (3" Min Depth) SF 682 $5.00 $3,410.00
34 Hydroseed Turf Grass SF 148,530 $0.30 $44,559.00
35 180-Day Maintenance Establishment Period LS 1 $44,725.50 $44,725.50 36 Irrigation System - RWS for Trees EA 122 $150.00 $18,300.00 37 Irrigation System - Drip/Bubblers SF 269 $6.00 $1,614.00 38 Irrigation System - Turf Rotors SF 148,530 $1.75 $259,927.50 39 Irrigation Controller and Weather Station EA 1 $10,000.00 $10,000.00 40 Irrigation Booster Pump EA 1 $45,500.00 $45,500.00
41 Irrigation Flow Sensor and Master Valve EA 1 $5,500.00 $5,500.00 42 3" Backflow Preventer (Irrigation) EA 1 $5,000.00 $5,000.00 43 3/4" 1"Backflow Prevention (Drinking Founatin) EA 1 $2,500.00 $2,500.00 44 General Conditions (Max 3%) LS 1 $51,623.00 $51,623.00 45 Mobilization and Demobilization (Max 5%) LS 1 $86,039.00 $86,039.00 46 Construction Project Sign EA 2 $1,000.00 $2,000.00
47 Temporary Construction Fencing LS 1 $2,500.00 $2,500.00 48 Bike Racks (Site Feature 16) EA 3 $750.00 $2,250.00
49 Drinking Fountain Supply Line and Connection
to Main LS 1 $7,500.00 $7,500.00
50 Relocated Street Sign EA 1 $1,500.00 $1,500.00
51 Non-Potable Water Signage LS 1 $2,500.00 $2,500.00
52 Work Not Included in Other Bid Items LS 1 $5,000.00 $5,000.00 Base Bid Total = $1,873,778.90
Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

WABO LANDSCAPE &
CONSTRCTUION INC.

HERCULES, CA
F. LODUCA CO.

STOCKTON, CA
AMERICAN PAVING CO.

FRESNO, CA

FRONTLINE GENERAL ENG

TRACY,CA

BZ CONSTRUCTION

CERES, CA
$ 120.00 30.00 $ 84.60 $ 338.40 $ 31.80 $ 127.20 $ 40.00 $ 160.00 $ 34.50 $ 138.00 $ $ 15,250.00 250.00 $ 314.97 $ 19,213.17 $ 116.60 $ 7,112.60 $ 200.00 $ 12,200.00 $ 288.00 $ 17,568.00 $ $ 8,770.00 10.00 $ 10.08 $ 8,840.16 $ 11.72 $ 10,278.44 $ 12.00 $ 10,524.00 $ 11.50 $ 10,085.50 $ $ 1,364.00 2.00 $ 3.35 $ 2,284.70 $ 3.89 $ 2,652.98 $ 150.00 $ 102,300.00 $ 2.00 $ 1,364.00 $ $ 14,853.00 0.10 $ 0.17 $ 25,250.10 $ 0.21 $ 31,191.30 $ 0.12 $ 17,823.60 $ 0.12 $ 17,823.60 $ $ 9,000.00 9,000.00 $ 11,554.56 $ 11,554.56 $ 12,720.00 $ 12,720.00 $ 37,000.00 $ 37,000.00 $ 10,000.00 $ 10,000.00 $ $ 21,960.00 180.00 $ 482.05 $ 58,810.10 $ 129.08 $ 15,747.76 $ 95.00 $ 11,590.00 $ 202.00 $ 24,644.00 $ $ 1,883.00 7.00 $ 41.77 $ 11,236.13 $ 5.91 $ 1,589.79 $ 6.00 $ 1,614.00 $ 8.00 $ 2,152.00 $ $ 118,824.00 0.80 $ 0.54 $ 80,206.20 $ 0.89 $ 132,191.70 $ 1.30 $ 193,089.00 $ 1.00 $ 148,530.00 $ $ 10,000.00 10,000.00 $ 8,213.55 $ 8,213.55 $ 6,360.00 $ 6,360.00 $ 4,000.00 $ 4,000.00 $ 11,500.00 $ 11,500.00 $ $ 40,000.00 40,000.00 $ 49,096.17 $ 49,096.17 $ 44,626.00 $ 44,626.00 $ 36,000.00 $ 36,000.00 $ 46,000.00 $ 46,000.00 $ $ 4,000.00 4,000.00 $ 4,209.02 $ 4,209.02 $ 3,180.00 $ 3,180.00 $ 3,000.00 $ 3,000.00 $ 4,600.00 $ 4,600.00 $ $ 6,300.00 6,300.00 $ 3,083.15 $ 3,083.15 $ 9,646.00 $ 9,646.00 $ 9,000.00 $ 9,000.00 $ 7,250.00 $ 7,250.00 $ $ 4,200.00 4,200.00 $ 3,792.61 $ 3,792.61 $ 5,194.00 $ 5,194.00 $ 6,100.00 $ 6,100.00 $ 5,000.00 $ 5,000.00 $ $ 45,000.00 45,000.00 $ 44,383.34 $ 44,383.34 $ 49,180.86 $ 49,180.86 $ 51,000.00 $ 51,000.00 $ 50,000.00 $ 50,000.00 $ $ 75,000.00 75,000.00 $ 74,281.00 $ 74,281.00 $ 69,589.47 $ 69,589.47 $ 85,000.00 $ 85,000.00 $ 90,000.00 $ 90,000.00 $ $ 3,000.00 1,500.00 $ 2,338.48 $ 4,676.96 $ 2,226.00 $ 4,452.00 $ 2,600.00 $ 5,200.00 $ 2,500.00 $ 5,000.00 $ $ 20,000.00 20,000.00 $ 16,221.96 $ 16,221.96 $ 17,257.86 $ 17,257.86 $ 10,500.00 $ 10,500.00 $ 21,875.00 $ 21,875.00 $ $ 7,500.00 2,500.00 $ 931.92 $ 2,795.76 $ 559.98 $ 1,679.94 $ 1,000.00 $ 3,000.00 $ 1,875.00 $ 5,625.00 $ $ 5,000.00 5,000.00 $ 2,641.27 $ 2,641.27 $ 48,912.64 $ 48,912.64 $ 7,000.00 $ 7,000.00 $ 11,125.00 $ 11,125.00 $ $ 400.00 400.00 $ 768.55 $ 768.55 $ 423.04 $ 423.04 $ 400.00 $ 400.00 $ 550.00 $ 550.00 $ $ 500.00 500.00 $ 1,033.21 $ 1,033.21 $ 795.00 $ 795.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 1,500.00 $ $ 209,000.00 209,000.00 $ 20,386.85 $ 20,386.85 $ 13,780.00 $ 13,780.00 $ 11,090.00 $ 11,090.00 $ 1,000.00 $ 1,000.00 $ $ 1,617,758.65 1,582,534.65 $ 1,693,886.84 $ $ 1,758,506.28 1,701,740.20 $

CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: John Lazar Park
PROJECT NUMBER: 21-043
BID OPENING:
10:00 AM
ANTICIPATED COUNCIL AWARD DATE: October 14, 2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total
1 Stormwater Pollution Prevention Plan and
Implementation LS 1 $20,000.00 $20,000.00
2 Site Grading (Rough/Fine) SF 167,926 $1.40 $235,096.40 3 8" Storm Drain (PVC SDR-26) LF 477 $70.00 $33,390.00
4 High Drop Down Inlet EA 4 $2,400.00 $9,600.00
5 1" Water Line for Drinking Fountain LF 596
6 4" Concrete Flatwork - Site Finish 'A' SF 12,161 $20.00 $243,220.00 7 12" Wide Deepend Concrete Playground Curb -
Site Feature '1' LF 224 $60.00 $13,440.00
8 12" Wide Deepend Concrete Playground Curb -
Site Feature '12' LF 56 $45.00 $2,520.00
9 Thickened Walkway Edge at Playground - Site
Feature '14' LF 258 $80.00 $20,640.00
10 Thickened Walkway Edge at Turf Grass - Site
Feature '15' LF 771 $80.00 $61,680.00
11 Concrete Picnic Tables - Site Feature '2A' EA 3 $1,590.00 $4,770.00 12 Concrete Picnic Tables, Accessible - Site
Feature '2B' EA 1 $1,650.00 $1,650.00
13 Concrete Benches - Site Feature '3' EA 11 $1,470.00 $16,170.00 14 Drinking Fountain (Includes Drywell System) -
Site Feature '4' EA 1 $11,500.00 $11,500.00
15 Group BBQ - Site Feature '6' EA 2 $1,620.00 $3,240.00 16 Service Table - Site Feature '7' EA 2 $940.00 $1,880.00 17 Trash Receptacles - Site Feature '8' EA 5 $1,070.00 $5,350.00 18 Dog Pot Station - Site Feature '9' EA 4 $800.00 $3,200.00 19 Park Sign - Double Sided - Site Feature '10' EA 2 $9,000.00 $18,000.00 20 Playground Equipment LS 1 $250,000.00 $250,000.00
21 Wood Engineered Fiber Surfacing (12" Depth) -
Site Finish 'C' CY 266 $95.00 $25,270.00
22 Concrete Playground Ramp - Site Feature '13' EA 2 $5,500.00 $11,000.00 23 34'x24' Shade Structure at Main Park - Site
Feature '5' EA 1 $80,000.00 $80,000.00
24 Electrical Service LS 1 $30,000.00 $30,000.00
25 Post Light EA 1 $12,000.00 $12,000.00
26 Electrical Connections for New Irrigation
Controller and Booster Pump LS 1 $15,000.00 $15,000.00
27 Park Sign Uplighting EA 4 $10,000.00 $40,000.00
28 Soil Conditioning and Amendments SF 148,799 $0.50 $74,399.50 29 1 Gallon Shrubs EA 6 $35.00 $210.00
August 28, 2025 September 4, 2025
ENGINEER'S EST.
10 11 12 13 14
Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total $ 16,512.00 16,512.00 $ 20,000.00 $ 20,000.00 $ 20,846.10 $ 20,846.10 $ 10,000.00 $ 10,000.00 $ 138,500.00 $ 138,500.00 $ $ 142,737.10 0.85 $ 2.00 $ 335,852.00 $ 1.01 $ 169,605.26 $ 1.00 $ 167,926.00 $ 1.25 $ 209,907.50 $ $ 39,591.00 83.00 $ 60.00 $ 28,620.00 $ 93.48 $ 44,589.96 $ 180.00 $ 85,860.00 $ 78.00 $ 37,206.00 $ $ 9,500.00 2,375.00 $ 6,000.00 $ 24,000.00 $ 6,522.13 $ 26,088.52 $ 5,500.00 $ 22,000.00 $ 7,220.00 $ 28,880.00 $ $ 19,072.00 32.00 $ - $ - $ - $ - $ - $ - $ 5.00 $ 2,980.00 $ $ 121,610.00 10.00 $ 15.00 $ 182,415.00 $ 14.22 $ 172,929.42 $ 20.00 $ 243,220.00 $ 8.70 $ 105,800.70 $ $ 15,456.00 69.00 $ 75.00 $ 16,800.00 $ 90.94 $ 20,370.56 $ 50.00 $ 11,200.00 $ 68.00 $ 15,232.00 $ $ 9,576.00 171.00 $ 60.00 $ 3,360.00 $ 176.08 $ 9,860.48 $ 55.00 $ 3,080.00 $ 74.00 $ 4,144.00 $ $ 14,706.00 57.00 $ 50.00 $ 12,900.00 $ 42.83 $ 11,050.14 $ 55.00 $ 14,190.00 $ 45.00 $ 11,610.00 $ $ 51,657.00 67.00 $ 50.00 $ 38,550.00 $ 31.92 $ 24,610.32 $ 55.00 $ 42,405.00 $ 11.00 $ 8,481.00 $ $ 6,315.00 2,105.00 $ 4,000.00 $ 12,000.00 $ 3,377.31 $ 10,131.93 $ 2,500.00 $ 7,500.00 $ 3,770.00 $ 11,310.00 $ $ 2,826.00 2,826.00 $ 4,000.00 $ 4,000.00 $ 8,314.99 $ 8,314.99 $ 3,200.00 $ 3,200.00 $ 3,850.00 $ 3,850.00 $ $ 19,415.00 1,765.00 $ 2,000.00 $ 22,000.00 $ 1,950.71 $ 21,457.81 $ 2,000.00 $ 22,000.00 $ 2,390.00 $ 26,290.00 $ $ 10,267.00 10,267.00 $ 18,000.00 $ 18,000.00 $ 17,315.29 $ 17,315.29 $ 25,000.00 $ 25,000.00 $ 33,900.00 $ 33,900.00 $ $ 5,050.00 2,525.00 $ 4,000.00 $ 8,000.00 $ 3,934.38 $ 7,868.76 $ 2,400.00 $ 4,800.00 $ 7,950.00 $ 15,900.00 $ $ 2,932.00 1,466.00 $ 3,000.00 $ 6,000.00 $ 3,317.74 $ 6,635.48 $ 1,900.00 $ 3,800.00 $ 2,950.00 $ 5,900.00 $ $ 7,625.00 1,525.00 $ 8,000.00 $ 40,000.00 $ 2,247.21 $ 11,236.05 $ 1,700.00 $ 8,500.00 $ 2,960.00 $ 14,800.00 $ $ 6,180.00 1,545.00 $ 1,200.00 $ 4,800.00 $ 2,022.24 $ 8,088.96 $ 2,500.00 $ 10,000.00 $ 2,370.00 $ 9,480.00 $ $ 29,398.00 14,699.00 $ 16,000.00 $ 32,000.00 $ 9,742.80 $ 19,485.60 $ 2,500.00 $ 5,000.00 $ 11,800.00 $ 23,600.00 $ $ 293,272.00 293,272.00 $ 300,000.00 $ 300,000.00 $ 303,315.29 $ 303,315.29 $ 270,000.00 $ 270,000.00 $ 435,100.00 $ 435,100.00 $ $ 16,119.60 60.60 $ 100.00 $ 26,600.00 $ 159.14 $ 42,331.24 $ 75.00 $ 19,950.00 $ 75.00 $ 19,950.00 $ $ 11,282.00 5,641.00 $ 7,500.00 $ 15,000.00 $ 4,679.37 $ 9,358.74 $ 10,000.00 $ 20,000.00 $ 1,740.00 $ 3,480.00 $ $ 111,984.00 111,984.00 $ 104,000.00 $ 104,000.00 $ 97,383.98 $ 97,383.98 $ 95,000.00 $ 95,000.00 $ 144,700.00 $ 144,700.00 $ $ 109,934.00 109,934.00 $ 75,000.00 $ 75,000.00 $ 25,015.99 $ 25,015.99 $ 60,000.00 $ 60,000.00 $ 20,367.00 $ 20,367.00 $ $ 8,640.00 8,640.00 $ 5,000.00 $ 5,000.00 $ 31,386.96 $ 31,386.96 $ 20,000.00 $ 20,000.00 $ 26,351.00 $ 26,351.00 $ $ 4,300.00 4,300.00 $ 10,000.00 $ 10,000.00 $ 14,305.24 $ 14,305.24 $ 5,000.00 $ 5,000.00 $ 10,305.00 $ 10,305.00 $ $ 3,780.00 945.00 $ 2,500.00 $ 10,000.00 $ 13,418.51 $ 53,674.04 $ 3,000.00 $ 12,000.00 $ 11,822.00 $ 47,288.00 $ $ 41,663.72 0.28 $ 0.34 $ 50,000.01 $ 0.26 $ 38,687.74 $ 0.40 $ 59,519.60 $ 0.50 $ 74,399.50 $ $ 180.00 30.00 $ 100.00 $ 600.00 $ 572.30 $ 3,433.80 $ 30.00 $ 180.00 $ 127.00 $ 762.00 $

INTEGRA CONSTRUCTION
SERVICES, INC.

PLEASANTON, CA

KYA SERVICES, LLC

BAKERSFIELD, CA
JPB DESIGNS INC.

ORANGEVALE, CA
HANFORD APPLIED RES. &

CONSERVATION

PETALUMA, CA

CLEAN CUT LANDSCAPE
INC.

CLOVIS, CA

Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total
ENGINEER'S EST.
30 5 Gallon Shrubs EA 4 $50.00 $200.00
31 15 Gallon Trees EA 61 $250.00 $15,250.00
32 Tree Root Barriers LF 877 $15.00 $13,155.00
33 Top Dressing - Decomposed Granite
Decorative Mulch (3" Min Depth) SF 682 $5.00 $3,410.00
34 Hydroseed Turf Grass SF 148,530 $0.30 $44,559.00
35 180-Day Maintenance Establishment Period LS 1 $44,725.50 $44,725.50 36 Irrigation System - RWS for Trees EA 122 $150.00 $18,300.00 37 Irrigation System - Drip/Bubblers SF 269 $6.00 $1,614.00 38 Irrigation System - Turf Rotors SF 148,530 $1.75 $259,927.50 39 Irrigation Controller and Weather Station EA 1 $10,000.00 $10,000.00 40 Irrigation Booster Pump EA 1 $45,500.00 $45,500.00
41 Irrigation Flow Sensor and Master Valve EA 1 $5,500.00 $5,500.00 42 3" Backflow Preventer (Irrigation) EA 1 $5,000.00 $5,000.00 43 3/4" 1"Backflow Prevention (Drinking Founatin) EA 1 $2,500.00 $2,500.00 44 General Conditions (Max 3%) LS 1 $51,623.00 $51,623.00 45 Mobilization and Demobilization (Max 5%) LS 1 $86,039.00 $86,039.00 46 Construction Project Sign EA 2 $1,000.00 $2,000.00
47 Temporary Construction Fencing LS 1 $2,500.00 $2,500.00 48 Bike Racks (Site Feature 16) EA 3 $750.00 $2,250.00
49 Drinking Fountain Supply Line and Connection
to Main LS 1 $7,500.00 $7,500.00
50 Relocated Street Sign EA 1 $1,500.00 $1,500.00
51 Non-Potable Water Signage LS 1 $2,500.00 $2,500.00
52 Work Not Included in Other Bid Items LS 1 $5,000.00 $5,000.00 Base Bid Total = $1,873,778.90
Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

INTEGRA CONSTRUCTION
SERVICES, INC.

PLEASANTON, CA

KYA SERVICES, LLC

BAKERSFIELD, CA
JPB DESIGNS INC.

ORANGEVALE, CA
HANFORD APPLIED RES. &

CONSERVATION

PETALUMA, CA

CLEAN CUT LANDSCAPE
INC.

CLOVIS, CA
$ 228.00 57.00 $ 150.00 $ 600.00 $ 873.56 $ 3,494.24 $ 60.00 $ 240.00 $ 179.00 $ 716.00 $ $ 18,910.00 310.00 $ 200.00 $ 12,200.00 $ 358.73 $ 21,882.53 $ 210.00 $ 12,810.00 $ 491.00 $ 29,951.00 $ $ 24,556.00 28.00 $ 12.00 $ 10,524.00 $ 12.77 $ 11,199.29 $ 15.00 $ 13,155.00 $ 28.00 $ 24,556.00 $ $ 1,364.00 2.00 $ 10.00 $ 6,820.00 $ 14.88 $ 10,148.16 $ 6.00 $ 4,092.00 $ 3.50 $ 2,387.00 $ $ 20,794.20 0.14 $ 0.10 $ 14,853.00 $ 0.16 $ 23,764.80 $ 0.20 $ 29,706.00 $ 0.30 $ 44,559.00 $ $ 37,422.00 37,422.00 $ 10,000.00 $ 10,000.00 $ 26,336.58 $ 26,336.58 $ 50,000.00 $ 50,000.00 $ 120,200.00 $ 120,200.00 $ $ 18,056.00 148.00 $ 100.00 $ 12,200.00 $ 505.66 $ 61,690.52 $ 95.00 $ 11,590.00 $ 486.00 $ 59,292.00 $ $ 2,152.00 8.00 $ 10.00 $ 2,690.00 $ 181.37 $ 48,788.53 $ 7.00 $ 1,883.00 $ 30.00 $ 8,070.00 $ $ 227,250.90 1.53 $ 0.60 $ 89,118.00 $ 0.48 $ 71,294.40 $ 0.15 $ 22,279.50 $ 1.50 $ 222,795.00 $ $ 21,200.00 21,200.00 $ 1,000.00 $ 1,000.00 $ 19,094.32 $ 19,094.32 $ 15,000.00 $ 15,000.00 $ 28,100.00 $ 28,100.00 $ $ 48,220.00 48,220.00 $ 40,000.00 $ 40,000.00 $ 56,653.59 $ 56,653.59 $ 58,000.00 $ 58,000.00 $ 80,000.00 $ 80,000.00 $ $ 5,220.00 5,220.00 $ 5,000.00 $ 5,000.00 $ 23,006.33 $ 23,006.33 $ 4,800.00 $ 4,800.00 $ 9,240.00 $ 9,240.00 $ $ 21,445.00 21,445.00 $ 5,000.00 $ 5,000.00 $ 16,685.46 $ 16,685.46 $ 12,000.00 $ 12,000.00 $ 13,600.00 $ 13,600.00 $ $ 10,480.00 10,480.00 $ 4,000.00 $ 4,000.00 $ 8,329.71 $ 8,329.71 $ 5,000.00 $ 5,000.00 $ 12,200.00 $ 12,200.00 $ $ 2,560.00 2,560.00 $ 54,000.00 $ 54,000.00 $ 40,969.76 $ 40,969.76 $ 60,000.00 $ 60,000.00 $ 25,000.00 $ 25,000.00 $ $ 93,827.00 93,827.00 $ 90,000.00 $ 90,000.00 $ 94,733.20 $ 94,733.20 $ 90,000.00 $ 90,000.00 $ 58,000.00 $ 58,000.00 $ $ 44,404.00 22,202.00 $ 1,600.00 $ 3,200.00 $ 2,474.13 $ 4,948.26 $ 10,000.00 $ 20,000.00 $ 3,410.00 $ 6,820.00 $ $ 24,018.00 24,018.00 $ 10,000.00 $ 10,000.00 $ 13,538.16 $ 13,538.16 $ 15,000.00 $ 15,000.00 $ 19,888.00 $ 19,888.00 $ $ 2,439.00 813.00 $ 1,000.00 $ 3,000.00 $ 1,546.06 $ 4,638.18 $ 1,000.00 $ 3,000.00 $ 3,700.00 $ 11,100.00 $ $ 1,800.00 1,800.00 $ 10,000.00 $ 10,000.00 $ 13,608.34 $ 13,608.34 $ 8,000.00 $ 8,000.00 $ 7,500.00 $ 7,500.00 $ $ 1,921.00 1,921.00 $ 1,200.00 $ 1,200.00 $ 4,271.47 $ 4,271.47 $ 3,000.00 $ 3,000.00 $ 1,550.00 $ 1,550.00 $ $ 2,680.00 2,680.00 $ 1,600.00 $ 1,600.00 $ 4,903.97 $ 4,903.97 $ 4,000.00 $ 4,000.00 $ 1,500.00 $ 1,500.00 $ $ 7,680.00 7,680.00 $ 44,498.00 $ 44,498.00 $ 10,314.70 $ 10,314.70 $ 150,000.00 $ 150,000.00 $ 315,000.00 $ 315,000.00 $ $ 1,770,207.52 $ 1,823,673.15 1,837,000.01 $ 1,844,886.10 $ 2,592,497.70 $

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

RESOLUTION NO. 2025-
WHEREAS, the Northeast Turlock Master Plan requires the construction of a second neighborhood park with the development of the Legends 3 subdivision; and WHEREAS, in order to complete City Project 21-043 “John Lazar Park,” which provides for the construction of the new park, additional funding is required; and WHEREAS, sufficient and suitable funding is available in Fund 228 “Park Development Tax” unallocated reserves; and
WHEREAS, this action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as it involves organizational or administrative activities of government that do not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby appropriates $1,912,000 to Fund 228 "Park Development Tax" account number 228-60-606.51270 “Construction Project” from unallocated reserves for the construction of City Project No. 21-043 "John Lazar Park".

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
}
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IN THE MATTER OF APPROPRIATING
$1,912,000 TO FUND 228 "PARK
DEVELOPMENT TAX" ACCOUNT NUMBER
228-60-606.51270 “CONSTRUCTION
PROJECT” FROM UNALLOCATED

RESERVES FOR THE CONSTRUCTION OF
CITY PROJECT NO. 21-043 "JOHN LAZAR
PARK"

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-XXX
WHEREAS, City Project No. 21-043 “John Lazar Park” includes the installation of a new in-fill park; and
WHEREAS, the scope of work involves installing perimeter sidewalk; landscape irrigation; landscaping, including trees, shrubs, and turf; and park amenities, including a playground, a drinking fountain, a shade structure, benches, and safety lighting.

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. 21-043 “John Lazar Park” is exempt from the provisions of CEQA in accordance with Section 15332 of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October, 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. 21-043 “JOHN LAZAR
PARK” IS EXEMPT FROM THE

PROVISIONS OF CEQA IN ACCORDANCE
WITH SECTION 15332 OF THE CEQA

GUIDELINES
}
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CITY CONTRACT NO. 2026-065 1
CITY PROJECT NO. 21-043
Rev. 04/09/2025

AGREEMENT

FOR PUBLIC IMPROVEMENT
City Project No. 21-043
John Lazar Park
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Taylor Backhoe Service, Inc DBA TBS Contractors, a California corporation (“Contractor”), on this 14th day of October 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 John Lazar Park (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 October 14, 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. 2026-065 2
CITY PROJECT NO. 21-043
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 John Lazar Park; iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required in any of the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).

The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent

CITY CONTRACT NO. 2026-065 3
CITY PROJECT NO. 21-043
Rev. 04/09/2025
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 John Lazar Park.” 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 One Million Four Hundred Seventy-One Thousand Eight Hundred Forty Dollars and eighteen cents ($1,471,840.18) (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. 2026-065 4
CITY PROJECT NO. 21-043
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 Eighty-Five (85) 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 One Hundred (100) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.

The Substantial and Final Completion Due Dates may only be changed by a contract change order.

The value of any work covered by a contract change order for an adjustment in the Substantial and Final Completion Due Dates will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or

2. where the delay is caused by actions beyond the control of Contractor; or

3. where the delay is caused by actions or failure to act by the City Engineer.

Contractor shall not be entitled to an adjustment in the Substantial and Final Completion Due Dates for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural

CITY CONTRACT NO. 2026-065 5
CITY PROJECT NO. 21-043
Rev. 04/09/2025
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. 2026-065 6
CITY PROJECT NO. 21-043
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 Three Thousand Three Hundred and no/100ths Dollars ($3,300.00) 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 Six Hundred Forty and no/100ths Dollars ($640.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Substantial and Final Completion Due Dates shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

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6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If 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

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or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

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

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

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

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

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

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

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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. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. Policy shall be provided for replacement value on an "all-risk" or special causes of loss basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include

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coverage for debris removal, and insure the building (s), structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project. The limits shall be sufficient to ensure the full replacement value of any property or equipment stored either on or off the project site or in transit. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. The policy shall allow for an include a waiver of subrogation endorsement in favor of the Insureds.
(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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Rev. 04/09/2025
(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: Taylor Backhoe Service, Inc DBA TBS Contractors Attn: Jacob Taylor
1605 E. Gerard Avenue
Merced, CA 95341
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

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

CITY CONTRACT NO. 2026-065 18
CITY PROJECT NO. 21-043
Rev. 04/09/2025
Stephen Fremming
City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-5520
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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CITY PROJECT NO. 21-043
Rev. 04/09/2025
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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CITY PROJECT NO. 21-043
Rev. 04/09/2025

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]

CITY CONTRACT NO. 2026-065 21
CITY PROJECT NO. 21-043
Rev. 04/09/2025
IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 37 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.

TAYLOR BACKHOE SERVICE, INC CITY OF TURLOCK, a municipal corporation

DBA TBS CONTRACTORS,
a California 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. 2026-065 22
CITY PROJECT NO. 21-043
Rev. 04/09/2025

EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES

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EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.

A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a fifteen percent (15%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs

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CITY PROJECT NO. 21-043
Rev. 04/09/2025
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

1. A fifteen percent (15%) markup is added;

2. Supplier discounts are subtracted whether the Contractor takes them or not;

3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;

4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:

4.1 Price paid by the purchaser for similar materials from that source on Contract items; and

4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:

5.1 During that period

5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:

1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.

2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.

3. Fifteen percent (15%) percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location.

If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.

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CITY PROJECT NO. 21-043
Rev. 04/09/2025
The City Engineer determines rental costs:

1. Using rates in Labor Surcharge and Equipment Rental Rates:

1.1. By classifying equipment using manufacturer's ratings and manufacturerapproved changes.

1.2. Current during the work paid by force account.

1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:

1.3.1. Rented from equipment business Contractor does not own.

1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.

2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:

2.1. Rented from equipment business Contractor does not own.

2.2. The City Engineer establishes a rate of $10.00 per hour or less.

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment

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CITY PROJECT NO. 21-043
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D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account and:

3.1. Hourly rates are paid in 1/2-hour increments

3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for originalContract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:

1. Idled is paid as 1/2 day

2. Operated four (4) hours or less is paid as 1/2 day

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.

The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

3.0 5.50

3.5 5.75

4.0 6.00

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CITY PROJECT NO. 21-043
Rev. 04/09/2025

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for nonowner-operated dump truck rental to City. The City Engineer shall determine the payment rate.

Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.

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CITY PROJECT NO. 21-043
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. 2026-065 34
CITY PROJECT NO. 21-043
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 Taylor Backhoe Service, Inc DBA TBS Contractors, hereinafter designated as the “Principal,” a contract for Project No. 21-043, “John Lazar Park”; 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. 2026-065 35
CITY PROJECT NO. 21-043
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. 2026-065 36
CITY PROJECT NO. 21-043
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 Taylor Backhoe Service, Inc DBA TBS Contractors, hereinafter designated as the “Principal”, a contract for Project No.21- 043, “John Lazar Park”; 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]

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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
October 14, 2025
From: Isaac Moreno, Finance Director
Prepared by: Isaac Moreno, Finance Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Adopt Reserve Policy for Enterprise and Internal Service Funds

2. NARRATIVE:

Adopting Reserve Policies for Enterprise and Internal Service Funds creates multiple financial impacts. Reserve Policies are a budgetary policy term that describes additional available, liquid resources, such as cash and investments outside the budget, to be used if appropriated funds are insufficient. It protects the City from revenue and expenditure unpredictability as well as assists with bond ratings. The proposed policy will impact the following funds:
• Enterprise Funds

1. Sewer

2. Water
• Internal Service Funds

1. Information Technology

2. Fleet

3. Workers Compensation

4. Health Care

5. Causality Insurance
The nature of how these funds operate helps determine how the reserve policy is established. All Enterprise Funds have three primary categories: Operating, Rate Stabilization, and Emergency Capital. Since the operations of these funds are similar, the levels of each of these categories are the same. Whereas, Internal Service Funds do not all operate the same. All of these funds will have the same category of Operating, however, the fund reserve target levels will vary. This is due to the volatility of the programs within these funds.

These Policies will be reviewed annually during the budget process and updated (at a minimum, once every three years) if there are material changes in the risk exposures or new conditions that require changes in reserve levels.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Adopting fiscal policies helps manage revenue and expenditure unpredictability as well as assist with bond ratings.

4. ENVIRONMENTAL DETERMINATION:

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

Agenda Staff Report
10/14/2025
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. Enterprise and Internal Service Policy Resolution

2. Draft Enterprise Funds Reserve Policy

3. Draft Internal Service Funds Reserve Policy

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ADOPTING A RESERVE } RESOLUTION NO. 2025-XXX POLICY FOR ENTERPRISE AND INTERNAL }
SERVICE FUNDS }
}
WHEREAS, reserve policies are a budgetary policy that describes additional available and liquid resources such as cash and investments outside the budget, that are available to be used if appropriated funds are insufficient; and WHEREAS, maintaining sufficient reserves protects the City’s creditworthiness, bond ratings, and financial health, providing a buffer against revenue shortfalls and unforeseen emergencies; and
WHEREAS, best practices recommend that governments formally establish and maintain reserve policies tailored to their local conditions and needs; and WHEREAS, the City wishes to establish policies that provide clear guidelines for the establishment, use, and replenishment of the City’s Enterprise and Internal Service Funds to ensure sound and consistent financial practices.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby adopt a reserve policy for Enterprise and Internal Service Funds.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

City of Turlock
Enterprise Funds Reserve Policy
Municipal Services is a department of the City of Turlock (the “City”) and manages the City’s water and sewer utilities. The City provides high quality and reliable services to over 17,000 water and/or sewer customers throughout the City of Turlock.

The City of Turlock is governed by a Mayor-Council form of government. The City Council sets financial management policies, as recommended by the Finance Department. This Cash Reserve Policy (the “Policy”) is designed to establish guidelines to ensure the fiscal stability of the City and provide guidance to City’s staff in the management of the City’s finances.

Properly designed reserve policies send a positive signal to ratepayers, investors, and regulatory and credit rating agencies that the City is committed to maintaining the long-term fiscal strength of the City of Turlock.

Strong and transparent financial policies, including maintaining prudent reserves for emergencies, rate stability, working capital and capital improvements, are consistent with best practices in the utility industry and are important to the City as they help to:
• Maintain the short-term and long-term financial health of the City of Turlock • Maintain stable rates for customers and help ensure manageable rate increases • Fund unanticipated cost contingencies
• Ensure funds exist for system improvements
• Ensure cash exists for the timely payment of bills
• Act as a significant positive credit factor in bond ratings This Cash Reserve Policy describes the following reserves:
• Restricted Reserves
• Unrestricted - Designated Reserves
• Unrestricted - Undesignated Reserves
The policy sets target (minimum and maximum) levels for the undesignated reserves.

Definitions
The City of Turlock’s reserves are classified into three categories:
• Restricted Reserves
• Designated Reserves
• Undesignated Reserves
Restricted Reserves
Restricted reserves are established and utilized for narrowly defined purposes as specified by legal restrictions, bond covenants, and other regulations or ordinances. Current Restricted Reserves include:
• State Revolving Fund Reserves

Designated Reserves
Designated reserves are that portion of unrestricted reserves that meet specific purposes set aside by the City Council. Designated reserves may be held for specific capital and operating purposes. Current designated reserves are as follows:
• Customer Deposits (sewer and water funds) – Monies held on behalf of the City of Turlock customers as required to be utilized if a customer fails to pay their utility bill. The amount held equals amounts collected from sewer and water customers based on Council adopted Sewer and Water Rules.
• Capital Repair/Replacement Reserve (sewer and water funds) – Established to accumulate amounts for repairs and replacement of facilities, vehicles, and technology outside of the Capital Improvement Program. Examples would be roof replacement, vehicle replacement, desktop technology replacement, etc. Funding for this reserve will be accumulated over the useful life of the capital asset.

The City of Turlock will use designated reserves to mitigate the impacts of known and impending exposures.

The withdrawal and replenishment of City Council approved designated reserves and their allowable uses will be tracked individually, but the specific use of designated reserves falls outside the scope of this policy and is subject to City Council approval.

Undesignated Reserves
Undesignated reserves are the remaining unrestricted reserves that may be used for any lawful purpose and have not been designated for specific capital and operating purposes. The following Undesignated Reserve Policy addresses the levels, use and replenishment of this type of unrestricted reserves.

Undesignated Reserve Policy
The Cash Reserve Policy outlines the appropriate types and target (minimum and maximum) levels of undesignated reserves as prescribed below.

Overall Policy Statement
The City of Turlock will have sufficient undesignated reserves to maintain or improve its credit ratings, ensure that operating and maintenance costs will be paid in a timely manner, to pay debt service obligations, and to invest in needed capital improvements and equipment replacement on a timely basis. In addition, the City will maintain sufficient reserves to minimize rate increases due to market volatility, weather impacts on demands, emergencies (such as natural disasters), and regulatory changes.

Operating (Working Capital)
• Definition and Purpose: Ensures sufficient resources to pay budgeted operating and maintenance expenses, including recognizing the timing differences between payment of expenditures and receipt of revenues.
• Target (Minimum) Level:
- Sewer: Equal to 60 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget.
- Water: Equal to 60 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget.
• Maximum Level:
- Sewer: Equal to 90 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget.

- Water: Equal to 90 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget.
• Events or Conditions Prompting Use of the Reserve: This Reserve may be routinely used by the City of Turlock to cover temporary cash flow deficiencies caused by timing differences between revenues and incurring expense obligations and unexpected increases in operating expenses.

Rate Stabilization
• Definition and Purpose: Mitigates rate shock due to temporary and transitional regulatory changes, loss of a major resource, sharp demand reduction or market volatility. • Target (Minimum) Level:
- Sewer: Equal to 5% of operating revenues, equal to an amount calculated using the current fiscal year’s annual budgeted operating revenues.
- Water: Equal to 5% of operating revenues, equal to an amount calculated using the current fiscal year’s annual budgeted operating revenues.
• Maximum Level:
- Sewer: Equal to 10% of operating revenues, equal to an amount calculated using the current fiscal year’s annual budgeted operating revenues (charges for services). - Water: Equal to 10% of operating revenues, equal to an amount calculated using the current fiscal year’s annual budgeted operating revenues (charges for services). • Events or Conditions Prompting Use of the Reserve: This Reserve may be used to cover unexpected decreases in operating revenues and increases in operating costs to reduce year-overyear volatility in needed rate increases, as approved by City Council.

Emergency Capital
• Definition and Purpose: Provides funds to ensure ability to repair system after an emergency or natural disaster such as a flood, earthquake or major windstorm. • Target (Minimum) Level: Equivalent to approximately 1% of the value of net depreciable capital assets for the Sewer and Water Utility, as reported on the most recent audited financial statements. • Maximum Level: Equivalent to approximately 3% of the value of depreciable capital assets for the Sewer and Water Utility, as reported on the most recent audited financial statements. • Events or Conditions Prompting Use of the Reserve: An emergency event requiring the need to fund necessary capital expenditures (e.g. natural disaster causing treatment facility closure, conveyance disruption, loss of substation or generating asset, etc.) as approved by City Council.

Use of Line of Credit as Available Reserves
The City of Turlock may obtain and utilize a line of credit (LOC) as an alternative to holding cash reserves to meet its target minimum reserve level as prescribed. A LOC is a low-cost financing arrangement between a bank and the City of Turlock that establishes an available amount of credit that the City can draw on if needed. Utilizing a LOC to augment the City’s cash reserves will benefit the City during periods of capital spending allowing the City to utilize cash reserves on capital projects and reduce rate impacts to customers, while remaining in compliance with target minimum reserve levels. The City of Turlock does not plan to draw on the LOC. Instead, it provides flexibility and operating liquidity similar to cash reserves if there is an emergency need and also allows the City to meet the overall liquidity and reserve levels that support the City’s credit ratings. The size of the line of credit will be determined as part of the financial planning process, considering forecasted revenues and other funding sources, timing of debt issuance, as well as projected fiscal performance to meet long-term financial goals. Should City Council decide to no longer utilize a LOC as a reserves balance tool, staff will provide the financial planning and increase in rates necessary to build back cash reserves to minimum required targets.

General Provisions
While these areas of consideration were evaluated in order to determine the appropriate size of the reserves, the City of Turlock will maintain such monies pooled in each utility’s undesignated reserve. These reserve allocations are consistent with industry standards for similarly rated sewer and water utilities. Each component of the reserves is sized at less than the maximum possible exposure for each component because it is unlikely several of the risks each enterprise faces would materialize simultaneously.

Withdrawal & Replenishment of Reserves
The City of Turlock will treat the targeted reserve levels as practical minimums and allow reserves to increase or decrease as necessary within the minimum and maximum levels prescribed above.

To the extent that undesignated reserves plus the LOC, if applicable, are above the target and below the maximum, City Council has the flexibility to direct staff to utilize those available funds to pay for capital projects (reducing the need for future debt), pay down unfunded liabilities such as pension obligations, defease outstanding debt, or fund other strategic objectives. No other action by the City of Turlock will be required if reserves are between the minimum and maximum level unless directed by City Council.

If reserve funds exceed the maximum level, the City of Turlock will seek City Council approval to use the excess to finance capital improvements on a pay-as-you-go basis, pay down existing debt, offset other longterm liabilities such as pension obligations, reduce rates or for other strategic purposes.

Reserve levels below the minimum targeted reserves will leave the City of Turlock exposed to significant operational risks. Should the City draw down reserves below the minimum targeted level, the City will implement plans to return reserves to their minimum targeted levels within three years. Such plans will be provided within twelve (12) months.

Reporting and Oversight
Reserve levels will be monitored during the fiscal year and reported in the financial reports. Reserve target (minimum and maximum) levels will be analyzed annually and an over/under reserve determination shall be made in conjunction with year-end financial results. These results will be reported to the City Council as part of the year-end financial report presentation. Should designated or undesignated reserve levels need adjustment due to new risk factors due to changes in the industry, these will be brought to the City Council as part of the year-end report.

The Policy will be reviewed annually, and updated if there are material changes in the risk exposures or new conditions that require changes in reserve levels.

Conclusion
This Policy provides directives to the City of Turlock management and staff for decisions and recommendations related to the financial profiles of the City.

In its most abbreviated form, the Policy sets targets for reserve balances based on the risk profiles of the Sewer and Water utilities individually and establishes tolerable maximums. The Policy also provides recommended actions when reserves deviate from the target levels.

City of Turlock
Internal Service Funds Reserve Policy
The City of Turlock (“City”) is governed by the City Council. The City Council sets financial management policies, as recommended by the Finance Department. This Cash Reserve Policy (“Policy”) is designed to establish guidelines to ensure the fiscal stability of the City and provide guidance to City staff in the management of the City’s finances.

Internal service funds (ISF) are used to centrally manage and account for specific program activity in a centralized fund. Currently, the City has 5 ISF’s. They are as follows:
• Information Technology (IT)
• Fleet
• Workers Compensation
• Health Care
• Casualty Insurance
The revenue (resources) for these funds generally come from internal charges to Departmental operating budgets, based on different allocation methods depending on the internal service provided. Each of these internal service funds are classified as Proprietary funds in the City’s annual financial statements (Annual Comprehensive Financial report, ACFR) These funds have several functions:
• Normalizing departmental budgeting for programs and uses that have life cycles greater than one fiscal year, helping to facilitate level budgeting for expenditures that could be erratic from year to year (such as vehicles or technology replacement)
• Serve as a repository of a reasonable amount of savings to utilize for long-term asset replacement and/or funding liabilities
• Enable appropriate distribution of citywide costs to individual departments and programs, which more readily establishes the true costs of various operations This Cash Reserve Policy describes the following reserves:
• Unrestricted - Designated Reserves
• Unrestricted - Undesignated Reserves
The policy sets target minimum and maximum levels for the undesignated reserves.

Definitions
The City’s reserves are classified into multiple categories but only two are utilized for ISF:
• Designated Reserves
• Undesignated Reserves
Designated Reserves
Designated reserves are that portion of unrestricted reserves that meet specific purposes set aside by the City Council. Designated reserves may be held for specific capital and operating purposes. Current designated reserves are as follows:
• Capital Repair/Replacement Reserve (Fleet and IT) – Established to accumulate amounts for repairs and replacement of facilities, vehicles, and technology outside of the Capital Improvement Program. Examples would be roof replacement, vehicle replacement, desktop technology replacement, etc. Funding for this reserve will be accumulated over the useful life of the capital asset.

The City will use designated reserves to mitigate the impacts of known and impending exposures. The withdrawal and replenishment of Council approved designated reserves and their allowable uses will be tracked individually, but the specific use of designated reserves falls outside the scope of this policy and is subject to Council approval.

Undesignated Reserves
Undesignated reserves are the remaining unrestricted reserves that may be used for any lawful purpose and have not been designated for specific capital and operating purposes. The following Undesignated Reserve Policy addresses the levels, use and replenishment of this type of unrestricted reserve.

Undesignated Reserve Policy
The Cash Reserve Policy outlines the appropriate types and target (minimum and maximum) levels of undesignated reserves as prescribed below.

Overall Policy Statement
The City will have sufficient undesignated reserves to maintain or improve its credit ratings, ensure that operating and maintenance costs will be paid in a timely manner, to pay debt service obligations, and to invest in needed capital improvements and equipment replacement in a timely basis. In addition, the City will maintain sufficient reserves to minimize rate increases due to market volatility, weather impacts on demands, emergencies (such as natural disasters), and regulatory changes.

Operating (Working Capital)
• Definition and Purpose: Ensures sufficient resources to pay budgeted operating and maintenance expenses, including recognizing the timing differences between payment of expenditures and receipt of revenues.
• Target (Minimum) Level:
- IT, Fleet, Workers Compensation, Casualty Insurance: Equal to 60 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget. - Health Care: Equal to 90 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget.
• Maximum Level:
- IT, Fleet, Workers Compensation, Casualty Insurance: Equal to 90 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget. - Health Care: Equal to 180 days of operating and maintenance expenses, less operating and maintenance expenses funded with restricted or designated reserves, based on the most recent adopted budget.
• Events or Conditions Prompting Use of the Reserve: This Reserve may be routinely used by the City to cover temporary cash flow deficiencies caused by timing differences between revenues and incurring expense obligations and unexpected increases in operating expenses.

General Provisions
While these areas of consideration were evaluated in order to determine the appropriate size of the reserves, the City will maintain such monies pooled in each utility’s undesignated reserve. These reserve allocations are consistent with industry standards for similarly rated sewer and water utilities. Each component of the reserves is sized at less than the maximum possible exposure for each component because it is unlikely several of the risks each enterprise faces would materialize simultaneously.

Withdrawal and Replenishment of Reserves
The City will treat the targeted reserve levels as practical minimums and allow reserves to increase or decrease as necessary within the minimum and maximum levels prescribed above.

If reserve funds exceed the maximum level, the City Finance Department may transfer the excess back to the appropriate departments and funds prior to completing the annual audit.

Reserve levels below the minimum targeted reserves will leave the City exposed to significant operational risks. Should the City draw down reserves below the minimum targeted level, the Finance Department will implement plans to return reserves to their minimum targeted levels within three years. Such plans will be provided within twelve (12) months.

Reporting and Oversight
Reserve levels will be monitored during the fiscal year and reported in the financial reports. Reserve target (minimum) and maximum levels will be analyzed annually and an over/under reserve determination shall be made in conjunction with year-end financial results. These results will be reported to the City Council as part of the year-end financial report presentation. Should designated or undesignated reserve levels need adjustment due to new risk factors due to changes in the industry, these will be brought to the City Council as part of the year-end report.

The Policy will be reviewed annually, and updated (at a minimum once every three years) if there are material changes in the risk exposures or new conditions that require changes in reserve levels.

Conclusion
This Policy provides directives to City management and staff for decisions and recommendations related to the financial profiles of the City.

In its most abbreviated form, the Policy sets targets for reserve balances based on the risk profiles of the Internal Service Funds individually and establishes tolerable maximums. The Policy also provides recommended actions when reserves deviate from the target levels.