agrees that VPM will have the right to (a) transmit or cause to be transmitted to Customer and its Authorized Users (unless they have opted out) marketing and related communications from VPM relating to its products and services, and (b) transmit or permit to be transmitted to Customer and its Authorized Users (unless they have opted out) marketing and related communications from VPM’s affiliates and/or business partners relating to their products and services. Customer and its Authorized Users may opt out of receiving some or all of these communications at that time by changing preferences or through email notification of VPM. Because the VPM System is a hosted, online application, VPM may occasionally need to communicate with all Authorized Users, whether or not they have opted out, due to important announcements regarding the operation of or modifications to the VPM System.
17. Miscellaneous. This Agreement (including the Specific Terms) constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, proposals, and communication, whether written or oral.
This Agreement may be amended only by a written document signed by both parties. This Agreement will be governed by the laws of the 6WDWHRI2UHJRQ. Any action or proceeding arising from or relating to this Agreement shall be brought in a federal or state court in 'HVFKXWHV &oXnt\ 2UHJRQ, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Customer may not assign any of its rights or obligations under this Agreement without VPM’s prior written consent. This Agreement may be executed manually or by facsimile in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement.
Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a local, regional or national communications or power failure or interruption, labor dispute, shortage of materials, database corruption, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. The parties do not intend by this Agreement to confer any right or remedy on any third party. The provisions of Sections 2, 6, 10, 11, 12, 14 and 16, and any other provisions of this Agreement that should reasonably be expected to survive, shall survive the termination or expiration of this Agreement.
Each party acknowledges and agrees that remedies at law for a breach or threatened breach of any of the provisions of this Agreement may be inadequate and, in recognition of this fact, each party agrees that in addition to any remedies at law (including, without limitation, damages), equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy shall be available in the event of a breach or threatened breach of this Agreement.
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Contractor: Virtual Project Manager LLC Date: January 1, 2026 City Contract No. 2026-076 Scope of Work: Web-Based Project Management System 10/2025
1. INSURANCE:
Service Provider shall not commence work under this Agreement until Service Provider has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Service Provider allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Service Provider shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Service Provider, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) Commercial General Liability Insurance: Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, and Two Million Dollars ($2,000,000) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.
(b) Workers’ Compensation Insurance: Service Provider shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000) each accident or disease. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (c) Commercial Automobile Liability Insurance: [Intentionally Omitted] (d) Cyber Liability Insurance: Contractor must carry Cyber Liability Insurance with limits not less than One Million Dollars ($1,000,000) per occurrence or claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (e) Builder’s Risk Insurance: [Intentionally Omitted]
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Contractor: Virtual Project Manager LLC Date: January 1, 2026 City Contract No. 2026-076 Scope of Work: Web-Based Project Management System 10/2025
(f) Contractors Pollution Insurance: [Intentionally Omitted] (g) Technology Errors and Omissions Insurance: Service Provider shall maintain technology errors and omissions insurance that insures against professional errors and omissions that may result from providing technology services and products in the minimum amount of Two Million Dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the start of work.
Service Provider agrees to maintain continuous coverage through the term of this Agreement. (h) Umbrella or Excess Policy: Service Provider may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No coverage or policies maintained by the City (“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 Professional’s primary and excess liability policies are exhausted.
(i) Deductibles and Self-Insured Retentions: Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses. (j) Other Insurance Provisions: The commercial general liability 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 ISO CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). (2) For any claims related to this project, Service Provider’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.
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Contractor: Virtual Project Manager LLC Date: January 1, 2026 City Contract No. 2026-076 Scope of Work: Web-Based Project Management System 10/2025
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under this Agreement, 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. (k) Acceptability of Insurers: Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the City has provided prior approval.
(l) Additional Insurance Requirements: Within five (5) days of the Effective Date, Service Provider shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Contractor shall be responsible for providing updated copies. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City no later than ten (10) business days before cancellation; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional and shall be endorsed to state such; (c) name City of Turlock as a certificate holder; (d) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (f) contain standard separation of insured provisions; and (g) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City. (m) 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
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Contractor: Virtual Project Manager LLC Date: January 1, 2026 City Contract No. 2026-076 Scope of Work: Web-Based Project Management System 10/2025
subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation. (n) Subcontractors: Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
(o) Surety Bonds: [Intentionally Omitted]
2. INDEMNIFICATION:
Indemnity for Professional Liability: When the law establishes a professional standard of care for Service Provider’s Services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Service Provider (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the Service Provider (and its Subcontractors) and the City in the performance of professional services under this Agreement.
Service Provider shall not be obligated to defend or indemnify City for the City’s own negligence or for the negligence of others.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or agency for which Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.
3. BUSINESS LICENSE: Service Provider shall obtain a business license from City before they commence performance of the Services.
4. VOLUNTARY TERMINATION: Either party may terminate this Agreement without cause or legal excuse by providing thirty (30) days’ written notice to the other party.
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Contractor: Virtual Project Manager LLC Date: January 1, 2026 City Contract No. 2026-076 Scope of Work: Web-Based Project Management System 10/2025
5. CONFLICT: Should any conflict exist between the terms and conditions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail.
6. CONFIDENTIALITY AND CALIFORNIA PUBLIC RECORDS ACT
COMPLIANCE: Service Provider understands and agrees that City must comply with the California Public Records Act, California Government Code section 7920 et seq.
7. EXECUTION AND COUNTERPARTS. This Addendum may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Addendum 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 Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
8. GOVERNING LAW: This Addendum shall be interpreted, construed, and governed according to the laws of the State of California, and venue for all actions arising from or related to this Agreement shall be in the County of Stanislaus, State of California.
9. CONTRACT ADMINISTRATOR: The City’s contract administrator and contact person for this Agreement is:
Stephen Fremming, P.E.
City of Turlock
Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone Number: (209) 668-5520
E-mail Address: [email protected]
[Signatures on Following Page]
City Council Staff Report
December 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Janine Lee, Associate Engineer
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Awarding bid and approving an Agreement with Mid Cal Pipeline & Utilities, Inc., of Merced, California in the amount of $350,950 and authorizing a construction contingency amount of $36,000 (10.0%) for the construction of City Project No. 25-051 "El Paseo Sanitary Sewer Main Replacement" to be funded by Fund 410 "Water Quality Control" Resolution: Determining the award of bid for the construction of City Project No. 25-051 “El Paseo Sanitary Sewer Main Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines and appropriating project funds from Fund 410 unallocated reserves totaling $551,950 to Fund 410 (Water Quality Control) account number 410-51-534.51300
2. NARRATIVE:
The purpose of City Project No. 25-051 "El Paseo Sanitary Sewer Main Replacement" is to install new sewer main pipe prior to the rehabilitation of the asphalt concrete road segments on El Paseo Street between Arbor Way and El Capitan Drive that are part of the Roads Program Construction projects in Spring 2026. Based on available condition data, Staff prioritized and budgeted for other locations identified in the Sewer Master Plan and incorporated into the City’s Capital Improvement Program 5-Year Plan. Upon receipt of updated closed-circuit television (CCTV) inspection data from the Roads Program team, the Utilities team determined that this segment required prompt replacement and advanced it to an accelerated design schedule to ensure completion ahead of the planned roadway improvements.
The main elements of the scope of work for this project consist of:
• Install 1,150 lineal feet of PVC sewer main pipe and abandon the existing sewer main pipe in place
• Install new sanitary sewer service laterals to customers along the alignment of the new sewer main pipe
• Trench restoration
City staff advertised this project on November 8th, 2025 through the Turlock Journal and on the City’s website for construction projects. On November 25th, 2025, seven (7) bids were received. Mid Cal Pipeline & Utilities, Inc. of Merced, CA was the lowest responsible bidder with a base bid amount of $351,400.
Bid Summary:
Agenda Staff Report
12/9/2025
Staff recommends that Bid Alternate “A” be accepted and that Council approves the agreement including Bid Alternate “A”. The bid alternate was developed to obtain pricing for the removal of the existing sanitary sewer main and installation of the new sewer main in the same alignment. Removing inactive, buried sewer main will help reduce future utility conflicts.
Bid Alternate “A” replaces Base Bid Items No. 10 and No. 13, which include installation of the new 8-inch sewer main and abandonment of the existing sewer main with grout, respectively. The cost breakdown below illustrates how the total bid amount is modified when Bid Alternate “A” is accepted.
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with Mid Cal Pipeline & Utilities, Inc. of Merced, California as the lowest responsive, responsible bidder with a bid amount of $350,950.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No General Fund money will be used for this project.
The total estimated project costs are displayed below:
Agenda Staff Report
12/9/2025
Staff has determined that a total of $701,170.00 is needed to complete the project in Fiscal Year 2025-26. In Fiscal Year 2025-26, the project account number for Preliminary Engineering Design and Engineering Management is 410-51-534.51189 “Sewer Line Replace - Alleys” which has sufficient funds for the project costs of $149,220.
The designated construction project account is Fund 410 “Water Quality Control” account number 410-51-534.51300 “Construction Repairs/Improvements”. A budget amendment of $551,950 is required in order to fund this project. Staff recommend an appropriation of funds from Fund 410 unallocated reserves to account number 410-51-534.51300.
4. ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement.
5. ATTACHMENTS:
1. 25-051 Bidders Summary
2. Draft Resolution
3. 25-051 Agreement
CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: El Paseo Sanitary Sewer Main Replacement CITY PROJECT NUMBER: 25-051
BID OPENING: November 25, 2025 at 10:00 AM
ANTICIPATED COUNCIL AWARD DATE: December 9, 2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization & Demobilization LS 1 22,000.00 $ 22,000.00 $ 50,000.00 $ 50,000.00 $ 19,450.00 $ 19,450.00 $ 13,735.00 $ 13,735.00 $ 2 Construction Project Signs EA 2 250.00 $ 500.00 $ 2,500.00 $ 5,000.00 $ 790.00 $ 1,580.00 $ 2,000.00 $ 4,000.00 $ 3 Traffic Control System LS 1 6,000.00 $ 6,000.00 $ 2,500.00 $ 2,500.00 $ 7,705.00 $ 7,705.00 $ 9,000.00 $ 9,000.00 $ 4 Pothole Existing Utilities LS 1 8,400.00 $ 8,400.00 $ 2,500.00 $ 2,500.00 $ 32,480.00 $ 32,480.00 $ 13,500.00 $ 13,500.00 $ 5 Remove Existing Improvements LS 1 28,239.20 $ 28,239.20 $ 10,000.00 $ 10,000.00 $ 13,045.00 $ 13,045.00 $ 17,520.00 $ 17,520.00 $ 6 Tree Trimming EA 2 6,000.00 $ 12,000.00 $ 1,000.00 $ 2,000.00 $ 1,070.00 $ 2,140.00 $ 500.00 $ 1,000.00 $ 7 Earthwork LS 1 20,000.00 $ 20,000.00 $ 13,000.00 $ 13,000.00 $ 9,915.00 $ 9,915.00 $ 14,500.00 $ 14,500.00 $ 8 Shoring, Sheeting, and Bracing LS 1 17,000.00 $ 17,000.00 $ 2,000.00 $ 2,000.00 $ 3,775.00 $ 3,775.00 $ 9,500.00 $ 9,500.00 $ 9 Sanitary Sewer Manhole EA 4 8,400.00 $ 33,600.00 $ 5,000.00 $ 20,000.00 $ 6,755.00 $ 27,020.00 $ 7,125.00 $ 28,500.00 $ 10 8-in Sanitary Sewer Pipe (SDR-26) LF 1,150 152.00 $ 174,800.00 $ 129.00 $ 148,350.00 $ 133.90 $ 153,985.00 $ 148.00 $ 170,200.00 $ 11 4-in Sanitary Sewer Service Lateral (SDR-26) with Cleanout, Connect to New EA 14 2,400.00 $ 33,600.00 $ 3,000.00 $ 42,000.00 $ 3,185.00 $ 44,590.00 $ 2,850.00 $ 39,900.00 $ 12 4-in Sanitary Sewer Service Lateral (C-900 DR-14) with Cleanout, Connect to New EA 7 2,500.00 $ 17,500.00 $ 3,800.00 $ 26,600.00 $ 4,265.00 $ 29,855.00 $ 3,150.00 $ 22,050.00 $ 13 Abandon Existing Sewer Pipe with Grout LF 1,150 60.00 $ 69,000.00 $ 13.00 $ 14,950.00 $ 12.40 $ 14,260.00 $ 15.00 $ 17,250.00 $ 14 Adjust Frames and Covers to Grade EA 4 500.00 $ 2,000.00 $ 500.00 $ 2,000.00 $ 1,465.00 $ 5,860.00 $ 2,325.00 $ 9,300.00 $ 15 Allowance for Unknown Utilities LS 1 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 16 Allowance for Irrigation Repairs LS 1 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 17 Other Work Not Covered by Bid Items LS 1 8,000.00 $ 8,000.00 $ 500.00 $ 500.00 $ 4,650.00 $ 4,650.00 $ 8,218.00 $ 8,218.00 $ Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total A1 Remove Existing Sanitary Sewer Line and Install New
Sanitary Sewer Line in Place LF 1,150 160.00 $ 184,000.00 $ 139.00 $ 159,850.00 $ 197.00 $ 226,550.00 $ 188.00 $ 216,200.00 $ A2 Temporary Handling of Wastewater Flows LS 1 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 13,950.00 $ 13,950.00 $ 5,000.00 $ 5,000.00 $ Bid Alternate "A" Total = 189,000.00 $ 162,850.00 $ 240,500.00 $ 221,200.00 $ 1 2 3
Base Bid ENGINEER'S EST. Mid Cal Pipeline & Utilities, Inc.
Merced, CA
West Valley Construction
Company, Inc.
Campbell, CA
United Pavement
Maintenance, Inc.
Hughson, CA
Base Bid Total = 462,639.20 $ 351,400.00 $ 380,310.00 $ 388,173.00 $ Bid Alternate "A"
CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: El Paseo Sanitary Sewer Main Replacement CITY PROJECT NUMBER: 25-051
BID OPENING: November 25, 2025 at 10:00 AM
ANTICIPATED COUNCIL AWARD DATE: December 9, 2025
Item Unit of Estimated
No. Item Description Measure Quantity
1 Mobilization & Demobilization LS 1
2 Construction Project Signs EA 2
3 Traffic Control System LS 1
4 Pothole Existing Utilities LS 1
5 Remove Existing Improvements LS 1
6 Tree Trimming EA 2
7 Earthwork LS 1
8 Shoring, Sheeting, and Bracing LS 1
9 Sanitary Sewer Manhole EA 4
10 8-in Sanitary Sewer Pipe (SDR-26) LF 1,150
11 4-in Sanitary Sewer Service Lateral (SDR-26) with Cleanout, Connect to New EA 14
12 4-in Sanitary Sewer Service Lateral (C-900 DR-14) with Cleanout, Connect to New EA 7
13 Abandon Existing Sewer Pipe with Grout LF 1,150
14 Adjust Frames and Covers to Grade EA 4
15 Allowance for Unknown Utilities LS 1
16 Allowance for Irrigation Repairs LS 1
17 Other Work Not Covered by Bid Items LS 1
Item Unit of Estimated
No. Item Description Measure Quantity
A1 Remove Existing Sanitary Sewer Line and Install New
Sanitary Sewer Line in Place LF 1,150
A2 Temporary Handling of Wastewater Flows LS 1
Bid Alternate "A" Total =
Base Bid
Base Bid Total =
Bid Alternate "A"
Unit Price Total Unit Price Total Unit Price Total Unit Price Total $ 10,000.00 10,000.00 $ 21,000.00 $ 21,000.00 $ 56,002.17 $ 56,002.17 $ 56,800.00 $ 56,800.00 $ $ 4,000.00 2,000.00 $ 3,950.00 $ 7,900.00 $ 2,567.04 $ 5,134.08 $ 2,300.00 $ 4,600.00 $ $ 56,000.00 56,000.00 $ 20,300.00 $ 20,300.00 $ 9,520.00 $ 9,520.00 $ 56,900.00 $ 56,900.00 $ $ 14,600.00 14,600.00 $ 29,100.00 $ 29,100.00 $ 19,277.68 $ 19,277.68 $ 30,800.00 $ 30,800.00 $ $ 5,500.00 5,500.00 $ 22,000.00 $ 22,000.00 $ 49,523.86 $ 49,523.86 $ 15,800.00 $ 15,800.00 $ $ 3,000.00 1,500.00 $ 1,235.00 $ 2,470.00 $ 3,117.59 $ 6,235.18 $ 3,615.00 $ 7,230.00 $ $ 4,500.00 4,500.00 $ 5,000.00 $ 5,000.00 $ 10,828.16 $ 10,828.16 $ 47,150.00 $ 47,150.00 $ $ 9,500.00 9,500.00 $ 5,000.00 $ 5,000.00 $ 29,492.10 $ 29,492.10 $ 14,750.00 $ 14,750.00 $ $ 48,000.00 12,000.00 $ 9,500.00 $ 38,000.00 $ 8,525.92 $ 34,103.68 $ 7,900.00 $ 31,600.00 $ $ 136,217.50 118.45 $ 125.00 $ 143,750.00 $ 108.12 $ 124,338.00 $ 167.00 $ 192,050.00 $ $ 59,697.40 4,264.10 $ 3,950.00 $ 55,300.00 $ 3,469.57 $ 48,573.98 $ 3,100.00 $ 43,400.00 $ $ 44,964.15 6,423.45 $ 4,700.00 $ 32,900.00 $ 2,991.00 $ 20,937.00 $ 3,525.00 $ 24,675.00 $ $ 22,195.00 19.30 $ 16.00 $ 18,400.00 $ 16.16 $ 18,584.00 $ 19.50 $ 22,425.00 $ $ 7,200.00 1,800.00 $ 2,875.00 $ 11,500.00 $ 743.35 $ 2,973.40 $ 1,445.00 $ 5,780.00 $ $ 5,000.00 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ $ 5,000.00 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ $ 2,000.00 2,000.00 $ 26,600.00 $ 26,600.00 $ 14,412.16 $ 14,412.16 $ 43,700.00 $ 43,700.00 $ Unit Price Total Unit Price Total Unit Price Total Unit Price Total $ 95,519.00 83.06 $ 165.00 $ 189,750.00 $ 168.00 $ 193,200.00 $ 321.00 $ 369,150.00 $ $ 3,500.00 3,500.00 $ 25,000.00 $ 25,000.00 $ 17,587.93 $ 17,587.93 $ 47,300.00 $ 47,300.00 $ 6 Frontline General Engineering
Construction, Inc.
San Lorenzo, CA
$ 459,935.45
$ 214,750.00 99,019.00 $ $ 210,787.93 $ 416,450.00
4 $ 437,374.05
Platinum General Engineering
Modesto, CA
5 Mountain Cascade, Inc.
Livermore, CA
$ 449,220.00
7 Knife River Construction
Stockton, CA
$ 607,660.00
}
}
}
}
}
}
}
}
}
}
}
}
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2025-
AWARD OF BID FOR THE CONSTRUCTION OF
CITY PROJECT NO. 25-051 “El PASEO
SANITARY SEWER MAIN REPLACEMENT TO IS
EXEMPT FROM THE PROVISIONS OF CEQA IN
ACCORDANCE WITH SECTION 15302
(REPLACEMENT OR RECONSTRUCTION) OF THE
CEQA GUIDELINES AND APPROPRIATING
PROJECT FUNDS FROM FUND 410
UNALLOCATED RESERVES TOTALING
$551,950 TO FUND 410 (WATER QUALITY
CONTROL) ACCOUNT NUMBER 410-51-534.51300
WHEREAS, City Project No. 25-051 "El Paseo Sanitary Sewer Main Replacement" will install new sewer main pipe prior to the rehabilitation of the asphalt concrete road segments on El Paseo Street between Arbor Way and El Capitan Drive that are part of the Roads Program Construction projects in Spring 2026; and WHEREAS, on November 25, 2025, seven (7) bids were received for the construction of City Project No. 25-051, with Mid Cal Pipeline & Utilities, Inc., of Merced, California, submitting the lowest responsive, responsible bid in the amount of $350,950; and WHEREAS, the fiscal impact is estimated to be $701,170, of which $149,220 is estimated to be expensed for Preliminary Engineering Design and Engineering Management in Fiscal Year 2025-26; and
WHEREAS, staff requests approval of a contract change order contingency amount of $36,000 per Resolution No. 2023-070 which equates to 10.0% of the construction contract price and is considered an average amount for a project such as this; and WHEREAS, funding is not available for the construction project costs in the account number 410-51-534.51300 and a budget amendment is required in order to fund this project; and
WHEREAS, staff recommend appropriating project funds from Fund 410 unallocated reserves totaling $551,950 to account number 410-51-534.51300; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for the construction of City Project No. 25-051 “El Paseo Sanitary Sewer Main Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines
Resolution No. 2025-
and appropriates project funds from Fund 410 unallocated reserves totaling $551,950 to Fund 410 (Water Quality Control) account number 410-51-534.51300.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 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 CONTRACT NO. 2026-99 1
CITY PROJECT NO. 25-051
Rev. 10/2025
AGREEMENT
FOR PUBLIC IMPROVEMENT
City Project No. 25-051
El Paseo Sanitary Sewer Main Replacement
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Mid Cal Pipeline & Utilities, Inc., a California Corporation (“Contractor”), on this 9 th day of December 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 El Paseo Sanitary Sewer Main Replacement (the “Project”).
B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.
C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).
D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.
E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on December 9, 2025, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.
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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 El Paseo Sanitary Sewer Main Replacement;
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required in any of the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.
All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.
2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).
The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.
3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written
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authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Sanitary Sewer Main Replacement.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent. (d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.
Exhibit Designation Exhibit Title
1. Exhibit A Contractor’s Proposal for Services
2. Exhibit B Payment by Force Account
3. Exhibit C Workers’ Compensation Insurance Certification Exhibit D Performance Bond
4. 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 Three Hundred Fifty Thousand Nine Hundred Fifty Dollars ($350,950.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order.
The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.
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5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of Thirty (30) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of Forty-Five (45) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.
The Substantial and Final Completion Due Dates may only be changed by a contract change order.
The value of any work covered by a contract change order for an adjustment in the Substantial and Final Completion Due Dates will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:
1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or
2. where the delay is caused by actions beyond the control of Contractor; or
3. where the delay is caused by actions or failure to act by the City Engineer.
Contractor shall not be entitled to an adjustment in the Substantial and Final Completion Due Dates for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event
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which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.
Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. (c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.
To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.
Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.
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If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.
In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Thousand Four Hundred and no/100ths Dollars ($1,400.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Thousand Four Hundred and no/100ths Dollars ($1,400.00) 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 City terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.
7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect
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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. The City of Turlock shall be named as a certificate holder.
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(a) Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). The City shall be named as a certificate holder on the Certificate of Insurance. (2) For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or selfinsurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) by diseasepolicy limit, and One Million Dollars ($1,000,000.00) by disease-each employee. Contractor shall submit to City, along with the Certificate of Insurance a Waiver of Subrogation endorsement in favor of the City, its offices, agents, employees, and volunteers. (c) Commercial Automobile Liability Insurance. Contractor shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
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(d) Installation Floater (“Course of Construction”) Insurance. Contractor, shall provide an installation floater, covering the work performed under the Agreement, on a form at least as broad as Insurance Services Offices, Inc. (ISO) Causes of Loss - Special Form. The policy shall cover the labor, materials, and equipment, including materials and equipment in transit or away from the project site, to be installed. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. The Contractor shall be the named insured, and the City and subcontractors of any tier shall be named as insureds. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents. (e) Contractors Pollution Insurance. Pollution Coverage shall be maintained on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including nonowned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees, and volunteers as insureds. (f) Professional Liability Insurance. [Intentionally Omitted] (g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. (h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (i) Acceptability of Insurers. Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.
(j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
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(k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
(l) Subcontractors. Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.
All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Final Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.
All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.
When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.
20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit.
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(b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.
21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.
22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.
23. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.
The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party.
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In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration.
All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.
24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
25. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: 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: Mid Cal Pipeline & Utilities
Attn: Tammy Fausone
PO Box 2406
Merced, CA 9544
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If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________
26. City Contract Administrator: The City’s contract administrator and contact person for this Agreement is:
Janine Lee
City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-6035
E-mail: [email protected]
27. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
28. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.
29. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.
30. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.
31. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.
32. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.
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33. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
34. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
35. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
36. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.
37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
38. Execution and Counterparts: This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
41. Attorney’s Fees and Costs: Except as expressly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable
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attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.
43. Recitals: The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail. [Signatures on Following Page]
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IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 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.
Mid Cal Pipeline & Utilities, Inc.,
a California corporation CITY OF TURLOCK, a municipal 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
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EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
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EXHIBIT B
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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
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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
(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
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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:
4.1 During that period
4.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:
1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.
2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.
3. Fifteen percent (15%) percent markup.
If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location.
If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.
Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
The City Engineer determines rental costs:
1. Using rates in Labor Surcharge and Equipment Rental Rates:
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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
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
CITY CONTRACT NO. 2026-99 31
CITY PROJECT NO. 25-051
Rev. 10/2025
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
4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.5
CITY CONTRACT NO. 2026-99 32
CITY PROJECT NO. 25-051
Rev. 10/2025
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.
CITY CONTRACT NO. 2026-99 33
CITY PROJECT NO. 25-051
Rev. 10/2025
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. 2026-99 34
CITY PROJECT NO. 25-051
Rev. 10/2025
EXHIBIT D
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, State of California, has awarded to Mid Cal Pipeline & Utilities, Inc., hereinafter designated as the “Principal,” a contract for Project No. 25-051, “El Paseo Sanitary Sewer Main Replacement”; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we the Principal, and as Surety, are
held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.
The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
CITY CONTRACT NO. 2026-99 35
CITY PROJECT NO. 25-051
Rev. 10/2025
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. 2026-99 36
CITY PROJECT NO. 25-051
Rev. 10/2025
EXHIBIT E
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, a municipal corporation, has awarded to Mid Cal Pipeline & Utilities, Inc., hereinafter designated as the “Principal”, a contract for Project No. 25-051, “El Paseo Sanitary Sewer Main Replacement”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. [Signatures on Following Page]
CITY CONTRACT NO. 2026-99 37
CITY PROJECT NO. 25-051
Rev. 10/2025
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
December 9, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Joanne Foster, Assistant Planner
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Declaring the Intention to Order Annexation No. 40 for the property located at 2831 N. Walnut Road, (Stanislaus County Assessor’s Parcel 088-008-068), to Existing Community Facilities District No. 2 (Services Mitigation)
2. NARRATIVE:
The October 2004 Fiscal Impact Analysis of new residential development on General Fund supported services (police, fire, park maintenance, planning, etc.) concluded that General Fund revenues are inadequate to support both existing as well as 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 of October 26, 2004, the City Council formed Turlock Community Facilities District No. 2 (CFD #2), to generate additional General Fund revenues from an additional tax imposed on new homes.
The existing CFD #2 was phased in over ten (10) years. The current (FY 2025/2026) rate for multi-family dwellings subject to CFD #2 is $595 per year and will increase 2% annually.
A higher rate ($760 for year 2025/2026) is charged on single-family dwelling units. In 2013, the City Council authorized staff to hire Economic Planning Systems, Inc. to evaluate the adequacy of the tax under current economic and financial conditions. The evaluation found that the current CFD #2 tax rate is adequate to mitigate the public service impacts of new residential development. In conjunction with this evaluation, the City Council adopted an ordinance establishing the policies and procedures for annexation into CFD #2. The ordinance established that any residential project that could result in the development of one or more residential dwellings in the City limit requiring approval of a parcel map, subdivision map, general plan amendment, rezone, planned development, area-wide plan, annexation, or discretionary permit pursuant to TMC Title 11 (Subdivisions), Chapter 9-5 TMC (Administration), or TMC 9-2-113 (Planned developments), shall be subject to mitigating the increased demand on public services, including, but not limited to, police, fire and park maintenance by annexing into CFD #2.
Annexation No. 40 will annex one residential zoned parcel into CFD #2.
1. Vesting Tentative Parcel Map 2023-02 authorized the division of a 1.2-acre parcel located at 2831 N. Walnut Road, Stanislaus County Assessor’s Parcel 088-008-068 into three individual residential parcels. Annexation into CFD #2 is required as a condition of approval for the parcel map.
Agenda Staff Report
12/9/2025
In general, the annexation process is very much like the process to form CFD #2 – completion of the initial Resolution of Intention (ROI), public hearing notice, and public hearing and property owner election not less than 30 days after the Council’s adoption of the ROI. Because there are less than 12 registered voters in the proposed annexed area, the election can be held immediately following the public hearing. A certification that there are 12 or fewer voters in the proposed annexation area has been filed with the City Clerk as required by law. The identified services funded by CFD #2, (police, fire, park maintenance, etc.) remain the same as identified in the initial formation of CFD #2.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The assessment fees for dwellings annexed into CFD #2 are not collected until the issuance of a Certificate of Occupancy for the dwelling. The approval and application of CFD #2 will increase revenues to fund General Fund supported services as the city’s population increases from the development of new homes.
4. ENVIRONMENTAL DETERMINATION:
The recommended action does not constitute a project pursuant to the California Environmental Quality Act (CEQA) Section 15378. The proposed action would not make any changes in current policy or regulations.
5. ATTACHMENTS:
1. Resolution of Intent
2. Boundary Map
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DECLARING } RESOLUTION NO. 2025-
THE INTENTION TO ORDER }
ANNEXATION NO. 40 FOR THE }
PROPERERTY LOCATED AT 2831 N. }
WALNUT ROAD,STANISLAUS }
COUNTY APN 088-008-068, TO THE }
EXISTING COMMUNITY FACILITIES }
DISTRICT NO. 2 (SERVICES FOR }
MITIGATION) }
WHEREAS, this City Council (this “Council”) proposes to annex certain real properties more accurately known as 2831 N. Walnut Road, (Stanislaus County Assessor’s Parcel 088-008-068), (the “Subject Property”) to the existing community facilities district known as “City of Turlock Community Facilities District No. 2 (Services Mitigation)” (“CFD No. 2”) as authorized by Article 3.5 of the Mello-Roos Community Facilities Act of 1982 (the “Act”); and
WHEREAS, the boundaries of CFD No. 2 are set forth on the boundary map for CFD No. 2, recorded on November 10, 2004, in Volume 3 of Maps of Assessment and Community Facilities Districts, page 3, official records of the Stanislaus County Recorder; and
WHEREAS, the boundaries of the Subject Property are shown on a map entitled “Proposed Boundaries, Annexation No. 40, Community Facilities District No. 2,” which is on file with the City Clerk (the “Clerk”); and
WHEREAS, Sections 53339.2 and 53339.3 of the Act provides that legal proceedings for the annexation of property to a community facilities district pursuant to the Act shall be instituted by the adoption of a resolution of this Council declaring its intention as provided hereafter in this resolution;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:
1. This Council hereby finds and determines that public convenience and necessity require that the Subject Property be annexed to the existing territory of CFD No. 2.
2. The types of services proposed to be provided within the Subject Property are the same as for the existing area of CFD No. 2.
3. The plan for providing authorized services within the existing area and the
Resolution No. 2025-
Subject Property shall be the plan presently in existence, as the same may be revised from time to time by the City of Turlock (the “City”) or any agency of the City through which the City provides the authorized services.
4. Except where funds are otherwise available, a special tax will be annually levied on the Subject Property. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property included in the Subject Property, and this lien shall continue in force and effect in perpetuity or until the levy and collection of the special tax obligation by the City ceases. The rate and method of apportionment of the special tax shall be as previously established for CFD No. 2.
5. On the basis of the written consent and waiver form submitted to and on file with the Clerk by the Owner, as the landowner of 100% of the Subject Property, this Council hereby sets this same date, as soon as the matter may be heard following adoption of this resolution, in the Council Chambers located at City Hall, 156 South Broadway, Turlock, California, as the time and place for the public hearing on the proposed annexation. At the hearing, testimony of all interested persons and taxpayers for or against the proposed annexation will be heard and protests will be considered from both registered voters, if any, residing within CFD No. 2 and persons owning real property within CFD No. 2. As provided by the Act, written protests by a majority of the registered voters, if any, but including a minimum of six registered voters, or by the owners of a majority in area of the land within either the existing CFD No. 2 or the proposed annexation area will constitute a “majority protest” and will require the suspension of proceedings for at least one year. Written protests must be filed with the Clerk at or before the time fixed for the hearing.
6. It is anticipated that the special tax will be billed as a separate line item on the regular property tax bill of the County of Stanislaus. However, this Council reserves the right, under Section 53340, to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.
7. On the basis of the information set forth in that certain certificate entitled “Certificate re Registered Voters and Landowners,” on file with the Clerk, in the event that an election is held in these proceedings, it is the intention of this Council that the elector will be the Owner, as the sole landowner within the area of the Subject Property in accordance with Section 53339.7 of the Act.
8. This Council hereby authorizes and directs the publication by the Clerk of a notice of hearing, containing the matters specified by Section 53322 of the Act, one time in a newspaper in general circulation in the area of CFD No. 2, said publication to be completed no later than seven days prior to the date of the public hearing.
Resolution No. 2025-
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus,
State of California
City Council Staff Report
December 9, 2025
From: Michael Harcksen, Fire Division Chief Operations
Prepared by: Christianne Burbank, Fire Administration Support Analyst Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving a three (3) year agreement with L.N. Curtis & Sons for an annual amount not to exceed $150,000 for the purchase of turnout gear and supplies.
2. NARRATIVE:
Staff is requesting authorization to enter into an agreement with L.N. Curtis & Sons for the purchase of essential Personal Protective Equipment (PPE), including structural turnout gear, helmets, protective gloves, and accessories for Self-Contained Breathing Apparatus (SCBA). These items are fundamental to ensuring the safety, readiness, and operational effectiveness of our firefighters as they respond to fires, rescues, hazardous materials incidents, and other emergency situations within the City of Turlock.
In accordance with national safety standards, manufacturer guidelines, and regulatory requirements, firefighting PPE must be removed from service upon reaching its 10-year service life or upon failure of annual safety testing. Over time, exposure to extreme heat, toxic smoke, chemicals, and routine emergency operations degrades protective materials, diminishing their ability to provide adequate protection. Timely replacement is therefore essential not only for regulatory compliance, but also for maintaining the health, safety, and resilience of our personnel.
The proposed purchasing contract will ensure continued compliance with NFPA and Cal/OSHA standards, sustain the department’s operational readiness, and protect the firefighters who serve on the front lines of public safety in our community.
Formal bid procedure was not required as quote pricing was obtained from the Sourcewell cooperative agreement #010424-LNC.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Funds have been appropriated in the Minor Equipment Safety Clothing Fund for this expenditure. The Purchasing Division has made the determination that this item does not require a competitive procedure due to TMC 2-7-08 (b) (5) that states, bidding is not required when engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis.
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
Agenda Staff Report
12/9/2025
direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. L.N. Curtis Agreement
Contract No. 2026-91
{PLA 2024}
10/2025
SUPPLIER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
L.N. CURTIS & SONS, INC.
for
TURNOUT GEAR AND SUPPLIES
City Contract No. 2026-91
THIS SUPPLIER AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“CITY”), and L.N. CURTIS & SONS.INC., a California corporation (“SUPPLIER”), on this 9th day of December 2025 (the “Effective Date”). CITY and SUPPLIER may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
WHEREAS, CITY has a need for turnout gear and supplies; and WHEREAS, SUPPLIER has made a proposal to CITY to provide turnout gear and supplies. A description that of which SUPPLIER proposes to provide is included in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, CITY desires to purchase turnout gear and supplies from SUPPLIER, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, the parties hereto mutually agree as follows:
AGREEMENT
1. 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 Sections 1 through 37 of this Agreement, Sections 1 through 37 shall prevail.
Contract No. 2026-91
{PLA 2024}
10/2025
2. PURCHASE OF PRODUCT: SUPPLIER agrees to sell, and CITY agrees to purchase turnout gear and supplies, as described in Exhibit A.
3. SAFETY REQUIREMENT: All services and products must comply with California State Division of Industrial Safety orders and O.S.H.A.
4. COMPENSATION: CITY agrees to pay SUPPLIER in accordance with Exhibit A as full remuneration for performing all Services and furnishing all staffing and materials called for in Exhibit A and for performance by SUPPLIER of all of its duties and obligations under this Agreement. In no event shall the annual amount of this Agreement exceed One Hundred Fifty Thousand and No/100ths Dollars ($150,000.00) and the total amount of this Agreement exceed Four Hundred Fifty Thousand and No/100ths Dollars ($450,000.00). SUPPLIER agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Invoices: SUPPLIER shall submit dated invoices to CITY specifying the date, location and service rendered, and the charge therefor. (b) Payment: All payments by CITY shall be made in arrears, after satisfactory service, as determined and approved by CITY, has been provided. Payment shall be made by CITY no more than thirty (30) days from CITY's receipt of invoice.
5. TERM OF AGREEMENT: The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 8th day of December, 2028 (Term), unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
6. EXTENSION OF AGREEMENT: [Intentionally Omitted]
7. INSURANCE: SUPPLIER shall not commence work under this Agreement until SUPPLIER has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall SUPPLIER allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. SUPPLIER shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by SUPPLIER, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY. (a) Commercial General Liability Insurance: SUPPLIER shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property
Contract No. 2026-91
{PLA 2024}
10/2025
damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.
(b) Workers’ Compensation Insurance: SUPPLIER 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 or disease. SUPPLIER shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Commercial Automobile Liability Insurance: SUPPLIER shall maintain Commercial Automobile Liability Insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, in the amount of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the3 City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If SUPPLIER owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Umbrella or Excess Policy: SUPPLIER may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No coverage or policies maintained by the City (“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 SUPPLIER’s primary and excess liability policies are exhausted.
(e) 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, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) SUPPLIER shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses. (f) Other Insurance Provisions: The commercial general liability 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 SUPPLIER, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to SUPPLIER’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed
Contract No. 2026-91
{PLA 2024}
10/2025
operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to this project, SUPPLIER’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of SUPPLIER’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 this Agreement, the insurer, broker/producer, or SUPPLIER 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 active 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. (g) Acceptability of Insurers: Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the City has provided prior approval.
(h) Verification of Coverage: SUPPLIER shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. 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 SUPPLIER’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(i) 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. (j) Subcontractors: SUPPLIER shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (k) Additional Insurance Requirements: Within five (5) days of the Effective Date, SUPPLIER shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such
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Certificates and Endorsements shall be kept current for the Term of the Agreement and SUPPLIER shall be responsible for providing updated copies. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such. IF a carrier will not provide the required notice of cancellation, the SUPPLIER shall provide written notice to the City no later than ten (10) business days before cancellation; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of SUPPLIER and shall be endorsed to state such; (c) name City of Turlock as a certificate holder; (d) cover products and completed operations of SUPPLIER, premises owned, occupied, or used by the SUPPLIER, or automobiles owned, leased, or hired or borrowed by the SUPPLIER; contain no special limitations on the scope of protection afforded to City; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of SUPPLIER’s insurance and shall not contribute to it; (f) contain standard separation of insured provisions; and (g) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
8. INDEMNIFICATION: To the full extent permitted by law, SUPPLIER shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by SUPPLIER or by any individual or agency for which SUPPLIER is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of SUPPLIER.
9. INDEPENDENT CONTRACTOR RELATIONSHIP: All acts of SUPPLIER, its agents, officers, and employees and all others acting on behalf of SUPPLIER relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. SUPPLIER, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. SUPPLIER has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of SUPPLIER. It is understood by both SUPPLIER and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
SUPPLIER, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
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SUPPLIER shall determine the method, details and means of performing the work and Services to be provided by SUPPLIER under this Agreement. SUPPLIER shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the SUPPLIER in fulfillment of this Agreement. SUPPLIER has control over the manner and means of performing the Services under this Agreement. SUPPLIER is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, SUPPLIER has the responsibility for employing other persons or firms to assist SUPPLIER in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction, supervision, and control of SUPPLIER. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the SUPPLIER.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the SUPPLIER or SUPPLIER'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.
It is further understood and agreed that SUPPLIER must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of SUPPLIER'S personnel.
As an independent contractor, SUPPLIER hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
10. TERMINATION: Either Party may terminate this Agreement without cause or legal excuse by providing thirty (30) days’ written notice to the other party.
11. CONFORMANCE WITH FEDERAL AND STATE LAW: All equipment, supplies and services used by SUPPLIER in the performance of this Agreement shall conform to the laws of the government of the United States and the State of California.
12. NO CONFLICT OF INTEREST. SUPPLIER represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. TIME: Time is of the essence in this Agreement for each covenant and term of a condition herein.
14. EXCUSABLE DELAYS; NOTICE TO OTHER OPARTY OF DELAY.
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SUPPLIER shall not be in breach of this Agreement 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, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of SUPPLIER. Force Majeure does not include:
(a) Service Provider’s financial inability to perform; (b) SUPPLIER’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) SUPPLIER’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the SUPPLIER.
15. ENTIRE AGREEMENT AND MODIFICATION: This Agreement supersedes all previous Agreements and constitutes the entire understanding of the parties hereto. SUPPLIER shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. SUPPLIER specifically acknowledges that in entering into and executing this Agreement, SUPPLIER relies solely upon the provisions contained in this Agreement and no others. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.
16. AMENDMENTS: Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or SUPPLIER to modify the scope of Services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until an Amendment is so executed, CITY will not be responsible to pay any charges SUPPLIER may incur in performing such additional services, and SUPPLIER shall not be required to perform any such additional services.
17. EXECUTION AND COUNTERPARTS. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
18. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
19. WAIVER: No covenant, term, or condition or the breach thereof shall be
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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.
20. AUDIT: CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify SUPPLIER'S charges to CITY under this Agreement.
SUPPLIER agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for SUPPLIER Services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
21. GOVERNING LAW: This Agreement shall be governed according to the laws of the State of California.
22. HEADINGS NOT CONTROLLING: Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
23. COMPLIANCE WITH LAWS: SUPPLIER shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws including, but not limited to, prevailing wage laws, if applicable.
SUPPLIER shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
24. CITY BUSINESS LICENSE: SUPPLIER will have a City of Turlock business license.
25. ASSIGNMENT: This Agreement is binding upon CITY and SUPPLIER and their successors. Except as otherwise provided herein, neither CITY nor SUPPLIER shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.
26. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
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To City:
City of Turlock Fire Department
Attention: Shanon Evans
244 N. Broadway
Turlock, California 95380
With courtesy copy to: City of Turlock, City Attorney’s Office George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Supplier: L.N. CURTIS & SONS, INC.
Attention: Eric Anderson
P.O. Bos 884921
Los Angeles, California 90088
27. CITY CONTRACT ADMINISTRATOR: The City’s contract administrator and contact person for this Agreement is:
Christi Burbank
Fire Department
244 N. Broadway
Turlock, California 95380
Telephone: (209) 668-6572
E-mail: [email protected]
28. MODIFICATION: No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
29. AUTHORITY: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
30. VENUE. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
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31. SEVERIBILITY: If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
32. ENTIRE AGREEMENT: This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.
33. SUPERSEDES PRIOR AGREEMENT: It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
34. MANDATORY AND PERMISSIVE: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
35. SUCCESSORS AND ASSIGNS: All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
36. ATTORNEY’S FEES AND COSTS: If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
37. NECESSARY ACTS AND FURTHER ASSURANCES: The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
[Signatures on Following Page]
Contract No. 2026-91
{PLA 2024}
10/2025
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their respective officers’ thereunto duly authorized.
CITY OF TURLOCK, a California municipal L.N. CURTIS & SONS, INC. corporation a California corporation
By: _______________________________ By: ______________________________ Susan E. Borrego, Interim City Manager
Title: _____________________________
Date: _____________________________
Print name: ________________________
APPROVED AS TO SUFFICIENCY:
Date: _____________________________
By: _______________________________
Shanon Evans, Interim Fire Chief
APPROVED AS TO FORM:
By: _______________________________
George A. Petrulakis, City Attorney
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
Director of Customer Service
Angela Mackey
11.26.25
DISCOUNT
OFF LIST SUPPLIER PRODUCT COOP CONTRACT CONTRACT (PRODUCT) CATEGORY
5.11 Tactical 1.d. Firefighting Apparel & Station-wear
Avon/Team Wendy
Blackinton
Bullard
Circul-Air
Coaxsher
Crew Boss
Crew Boss
Crew Boss
Curtis
CurtisCare
Danner/LaCrosse
Danner/LaCrosse
DFND
Clothing
Helmets
30%
5%
Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning Sourcewell 010424 - Firefighting PPE and RelatedEquipment Cleaning
1.b. Helmets, Hoods
Badges
Helmets, Wildland
Garment Washers, Dryers and Accessories
Clothing
Clothing, Rescue
Clothing, Wildland
Clothing, Station Wear
Uniform Alterations
Care & Maintenance, PPE
Boots, Wildland
10%
25%
5%
5%
5%
1.c. RelatedEquipment & Accessories
1.b. Helmets, Hoods
1.e. Extractors, Laundry Machines, Mechanical Dryers, Drying & Storage Racks
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.d. Firefighting Apparel & Station-wear
1.c. RelatedEquipment & Accessories
1.c. RelatedEquipment & Accessories
1.a.Protective Clothing
1.d. Firefighting Apparel & Station-wear
1.c. RelatedEquipment & Accessories
1.c. RelatedEquipment & Accessories
1.c. RelatedEquipment & Accessories
1.d. Firefighting Apparel & Station-wear
1.d. Firefighting Apparel & Station-wear
1.c. RelatedEquipment & Accessories
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.c. RelatedEquipment & Accessories
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.c. RelatedEquipment & Accessories
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.b. Helmets, Hoods
1.b. Helmets, Hoods
1.a.Protective Clothing
1.b. Helmets, Hoods
1.b. Helmets, Hoods
1.a. Protective Clothing
1.e. Extractors, Laundry Machines, Mechanical Dryers, Drying & Storage Racks
1.d. Firefighting Apparel & Station-wear
1.c. RelatedEquipment & Accessories
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
1.a.Protective Clothing
5%
5%
10%
2%
25%
25%
5%
20%
5%
30%
20%
5%
Boots, Station
Clothing, Base Layer
Clothing, HAZMAT Ensembles
Eye Protection
Uniforms
Uniforms
DuPont
Eye SafetySystems (ESS) Goggles
Fechheimer (Flying Cross brand only)
Fechheimer (Vertx brand only)
Fire Innovations
Firecraft
Firecraft
Firecraft
Gemtor
Globe
Globe
Globe Footgear
Innotex
Kappler
Kenetrek Boots
Lakeland
Mechanix
MSA
Paul Conway
PGI
PGI
PGI
Propper
Belts, Ladder
Gloves, Extrication
Gloves, Firefighting
Gloves, Wildland
5%
5%
5%
Belts, Ladder 10%
37%
10%
27.5%
31%
5%
20%
10%
10%
25%
Net
Turnout Ensembles (all styles)
Accessories, Turnouts
Boots, Firefighting
Hoods, Wildland
Clothing, HAZMAT Ensembles
Boots, Wildland
Clothing
Gloves
Helmets, Fire & Rescue
Helmet, Fronts (ID)
Clothing, Wildland
Hoods, Firefighting
Hoods, Wildland
Clothing
Gear Dryers and Accessories
Boots, Station
20%
10%
10%
5%
Ram Air Gear Dryer
Redback
Revision
Ringers/Ansell
Ringers/Ansell
Shelby
5%
10%
10%
15%
10%
20%
18%
20%
5%
5%
5%
25%
10%
10%
5%
Eye Protection
Gloves
Gloves, Extrication
Gloves, Extrication
Gloves, Firefighting
Gloves, Wildland
Gloves, Extrication
Gloves, Firefighting
Gloves, Wildland
Boots, HAZMAT
Clothing, Base, Mid and Outer Layers
Boots, Wildland
Shelby
Shelby
Tech Trade (Pro-tech)
Tech Trade (Pro-tech)
Tech Trade (Pro-tech)
Tingley
Under Armor
Whites Boots
Workrite/Workwear Outfitters
1.a.Protective Clothing
1.a.Protective Clothing
1.c. RelatedEquipment & Accessories
1.a.Protective Clothing
Clothing, Station Wear, Uniforms 1.d. Firefighting Apparel & Station-wear Turlock City Fire Department
Attn: Christi Burbank
This Contract #010424, is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598 (Supplier).
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
City Council Staff Report
December 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Tania Hernandez, Staff Services Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Accepting the AB1600 Annual Report for Development Impact Fees for Fiscal Year 2024-2025 as required by California Government Code Section 66006(b)
2. NARRATIVE:
Development impact fees are established under Assembly Bill 1600 (AB 1600), codified in California Government Code Sections 66000 et seq., also known as the Mitigation Fee Act.
This legislation outlines the procedural and substantive requirements for establishing, collecting, and accounting for development impact fees. Specifically, it requires that a reasonable relationship or nexus exist between the fee imposed and the public improvement or service need generated by the development.
Development impact fees are one-time charges imposed on new development to help jurisdictions offset the cost of capital facilities and infrastructure necessary to serve new residential, commercial, and industrial growth. These fees ensure that new development contributes its fair share toward the expansion of public facilities such as roads, utilities, parks, and public safety facilities. Impact fees are typically collected upon issuance of a building permit. However, the City of Turlock allows certain fees to be deferred until close of escrow, issuance of a certificate of occupancy, or paid over a set period of time with approval from the City Manager.
Section 66006(b) of the Mitigation Fee Act requires local agencies to prepare an annual report for each fiscal year detailing the status of all development impact fee programs. The report must be made available to the public within 180 days of the close of the fiscal year and must include the following information for each fee fund:
• A brief description of the fee and its purpose
• The amount of the fee
• The beginning and ending fund balances
• The total fees collected and interest earned during the fiscal year • A description of each public improvement on which fees were expended, including the amount and percentage of total cost funded by fees
• The approximate start date for any public improvement where sufficient funds have been collected to complete financing
• A description of any interfund transfers or loans, including repayment terms and interest rates, if applicable
• The amount of any refunds or reallocations made from the fund City staff, in coordination with Harris & Associates, has completed the AB1600 Annual
Agenda Staff Report
12/9/2025
Report for Development Impact Fees for Fiscal Year 2024–2025 in compliance with these statutory requirements. The report summarizes financial activity and project expenditures for the following eight development impact fee programs:
1. Westside Industrial Specific Plan (WISP) Fee Program
2. Northwest Turlock Specific Plan (NWTSP) Fee Program
3. Northeast Turlock Master Plan (NETMP) Fee Program
4. East Tuolumne Master Plan (ETMP) Fee Program
5. North Turlock Master Plan (NTMP) Fee Program
6. Master Storm (Storm) Fee Program
7. Sewer Trunk Capacity (Sewer) Fee Program
8. Capital Facilities Fee (CFF) Program
In accordance with Government Code Section 66006(b), the report was made available to the public at least 15 days prior to this meeting for review and comment.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The preparation of the AB1600 Annual Development Impact Fees Report has no direct fiscal impact on the General Fund. The report documents the collection and use of restricted impact fee revenues consistent with the Mitigation Fee Act.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) of the CEQA guidelines, consisting of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment”.
5. ATTACHMENTS:
1. AB1600 Annual Report_FY 2024-25 Final
AB1600 Annual Report for Development
Impact Fees
City of Turlock
For the Fiscal Year Ending June 30, 2025
Prepared by:
1400 Willow Pass Road, Suite 500 | Concord, CA | 94520
Development Impact Fee Annual Report (FY 24-25)
Table of Contents
Executive Summary..............................................................................2 Section 1 – Requirements of the Mitigation Fee Act (AB1600) .......4 Section 2 – Annual Report...................................................................6 Westside Industrial Specific Plan (WISP)............................................................................... 6 Fund 308-456: Sanitary Sewer Fee..................................................................................... 7 Fund 308-458: Water Fee ................................................................................................. 12 Fund 308-460: Administration Fee................................................................................... 17 WISP Fee Program Fund Summary.................................................................................. 20 Northwest Triangle Specific Plan (NWTSP)......................................................................... 21 Fund 230-456: Sanitary Sewer Fee................................................................................... 22 Fund 230-458: Water Fee ................................................................................................. 27 Fund 230-460: Administration Fee................................................................................... 32 NWTSP Fee Program Fund Summary.............................................................................. 35 Northeast Turlock Master Plan (NETMP)............................................................................. 36 Fund 307-456: Sanitary Sewer Fee................................................................................... 37 Fund 307-457: Storm Drain Fee ....................................................................................... 40 Fund 307-455: Transportation Fee.................................................................................... 43 Fund 307-458: Water Fee ................................................................................................. 48 Fund 307-460: Administration Fee................................................................................... 51 NETMP Fee Program Fund Summary.............................................................................. 54 North Turlock Master Plan (NTMP) ..................................................................................... 55 Fund 306-456: Sanitary Sewer Fee................................................................................... 56 Fund 306-457: Storm Drain Fee ....................................................................................... 59 Fund 306-455: Transportation Fee.................................................................................... 62 Fund 306-460: Administration Fee................................................................................... 67 NTMP Fee Program Fund Summary ................................................................................ 70 East Tuolumne Master Plan (ETMP) .................................................................................... 71 Fund 309-455: Transportation Fee.................................................................................... 72 Fund 309-456: Sanitary Sewer Fee................................................................................... 77 Fund 309-458: Water Fee ................................................................................................. 80
Fund 309-460: Administration Fee................................................................................... 85 ETMP Fee Program Fund Summary................................................................................. 88 Master Storm Fee (Storm)..................................................................................................... 89 Fund 411-536: Master Storm Fee ..................................................................................... 89 Sewer Trunk Capacity Fee (Sewer)....................................................................................... 95 Fund 414-536: Sewer Trunk Capacity Fee ....................................................................... 95 Capital Facilities Fees (CFF)............................................................................................... 101 Fund 305-440: Roadways Fee ........................................................................................ 102 Fund 305-441: Police Fee ............................................................................................... 107 Fund 305-442: General Government Fee ....................................................................... 110 Fund 305-443: Fire Fee................................................................................................... 115 Fund 305-460: Administration Fee................................................................................. 118 CFF Fee Program Fund Summary .................................................................................. 121 Appendix A: Master Storm and Sewer Trunk Project List.........122 Master Storm Drain Projects........................................................................................... 122 Sewer Trunk Capacity Projects....................................................................................... 126 Appendix B: CFF Roadways Projects............................................129
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 2
Executive Summary
Development Impact Fees (DIFs) are fees imposed by a local government on new or proposed development projects to ensure public services and infrastructure will be sufficient to serve those new development projects. California state law requires local agencies, on an annual basis, to prepare a report on the status of their DIF program in accordance with California Assembly Bill 1600 (AB1600). This report will serve as the City of Turlock’s AB1600 report for the Fiscal Year (FY) starting July 1, 2024, and ending June 30, 2025 (FY 24-25).
The City of Turlock (City) has five (5) fee programs that are for specific or master plan areas: The Westside Industrial Specific Plan (WISP) Fee Program, Northwest Triangle Specific Plan (NWTSP) Fee Program, Northeast Turlock Master Plan (NETMP) Fee Program, North Turlock Master Plan (NTMP) Fee Program, and East Tuolumne Master Plan (ETMP) Fee Program. The Master Storm (Storm) Fee Program, Sewer Trunk Capacity (Sewer) Fee Program, and Capital Facilities Fee (CFF) Program are citywide fee programs. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Each fee program was established or updated through a Development Impact Fee Nexus Study, as required by the Mitigation Fee Act (AB1600). The most recent Nexus Studies for each of the fee programs are described below:
• Westside Industrial Specific Plan (WISP) Area DIF Nexus Study – 2013 • Northwest Triangle Specific Plan (NWTSP) Fee Program DIF Nexus Study - 2013 • Northeast Turlock Master Plan (NETMP) Fee Program - 2004 • North Turlock Master Plan (NTMP) Fee Program - 2001
• East Tuolumne Master Plan (ETMP) Fee Program - 2019
• The Master Storm (Storm) Fee Program - 2015
• Sewer Trunk Capacity (Sewer) Fee Program - 2015
• Capital Facilities Fee (CFF) Program - 2013
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 3
The City currently collects the DIFs in the individual fee programs listed in the table below.
Individual fee funds are described in further detail in Section 2 of this report. Fees are charged according to the structure of the individual fee program. Fees for residential land uses are generally collected on a per Dwelling Unit (DU) basis, and fees collected on all non-residential land uses are collected on a per Building Square Foot (SF) or per Gross Developable Acre (AC) basis.
Fee Name Fund Number
Westside Industrial Specific Plan (WISP) Fee Program
Sanitary Sewer Fee 308-456
Water Fee 308-458
Administration Fee 308-460
Northwest Triangle Specific Plan (NWTSP) Fee Program
Sanitary Sewer Fee 230-456
Water Fee 230-458
Administration Fee 230-460
Northeast Turlock Master Plan (NETMP) Fee Program
Sanitary Sewer Fee 307-456
Storm Drain Fee 307-457
Transportation Fee 307-455
Water Fee 307-458
Administration Fee 307-460
North Turlock Master Plan (NTMP) Fee Program
Sanitary Sewer Fee 306-456
Storm Drain Fee 306-457
Transportation Fee 306-455
Administration Fee 306-460
East Tuolumne Master Plan (ETMP) Fee Program
Transportation Fee 309-455
Sanitary Sewer Fee 309-456
Water Fee 309-458
Administration Fee 309-460
Master Storm (Storm) Fee Program 411-536
Sewer Trunk Capacity (Sewer) Fee Program 414-536
Capital Facilities Fee (CFF) Program
Roadways Fee 305-440
Police Fee 305-441
General Government Fee 305-442
Fire Fee 305-443
Administration Fee 305-460
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 4
Section 1 – Requirements of the Mitigation Fee Act (AB1600) Assembly Bill 1600 (AB1600), commonly known as the Mitigation Fee Act, was enacted by the State of California in 1987 and created Section 66000 et. seq. of the Government Code. AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each fiscal year, the City must make available the following information from the prior fiscal year:
1. Brief description of the type of fee in the account or fund
2. Amount of the fee
3. Beginning and ending balance in the account or fund
4. Amount of fees collected and the interest earned during the previous year
5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees
6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete
7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan
8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
On October 11, 2023, California Governor Gavin Newsom signed into law AB516 which amended certain portions of the Mitigation Fee Act related to the annual and five-year reporting requirements. Under AB516, Requirements 6 and 8 have been expanded to include:
6a. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted
6b. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable
8a. For any refunds made, the number of persons or entities identified to receive those refunds
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 5
For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:
1. Identification of the purpose to which the fees are to be put
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged
3. Identification of all sources and amounts of funding anticipated to complete financing for incomplete improvements identified as part of the City’s annual report
4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund The City must make this information available for public review and present it at a regularly scheduled public meeting no less than 15 days after the information is made available to the public, in accordance with Government Code Section 66006(b)(2). The City previously completed its fiveyear report for FY 18-19 through FY 23-24, thereby satisfying the five-year reporting requirements under Government Code Section 66001(d). As such, this report fulfills only the annual reporting requirements for FY 24-25 and does not include the five-year findings.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 6
Section 2 – Annual Report
The following section provides information necessary to meet the legal requirements for each impact fee fund. This includes a brief description of the fee, the amount of the fee, the beginning and ending balances, fee revenues collected, interest earned, and the expenditures on each project including the percentage that was funded with fees. It also includes a table summary of whether sufficient funds have been identified to complete future projects and the approximate date by which the construction of the public improvement will commence if sufficient funds have been identified.
Any transfers or loans are also identified as well as any refunds from the account. Project budgets for the projects described in this report have been escalated from 2024 to 2025 dollars using the 20 Cities ENR CCI Index.
Westside Industrial Specific Plan (WISP)
The WISP Area contains land that is currently zoned for commercial, office, and industrial uses.
The program was established to collect DIFs to fund new development and projects for infrastructure needed to serve the WISP Area. The originally adopted WISP fees included components for storm drainage, water, sanitary sewer, recycled water, and transportation. In 2013, a Westside Industrial Specific Plan Nexus Study Update was conducted; the transportation and storm drainage components were removed, and the recycled water component was combined with the water component. The projects and existing funds for these components were moved to the matching Citywide fee programs.
The WISP Fee Program includes the following components:
• Sanitary Sewer
• Water
• Administration
The following sections will include the information necessary to meet the legal requirements for each individual impact fee fund included in the WISP fee program.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 7
Fund 308-456: Sanitary Sewer Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The Sanitary Sewer fee is collected to
fund sewer system infrastructure
including sewer lines, pump stations, and
sewer lift stations in the WISP program
area.
Requirement 2. Amount of the fee.
The WISP Sanitary Sewer Fee for FY 24-25 is summarized in Table 1 below. The WISP Sanitary Sewer Fee is not charged on residential land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI).
Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 1: WISP Sanitary Sewer Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) n/a
Medium Density Residential (per DU) n/a
High Density Residential (per DU) n/a
Non-Residential
Commercial (per Developable Acre) $2,912.35
Office (per Developable Acre) $2,912.35
Industrial (per Developable Acre) $8,209.01 Page 359 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 8
Requirement 3. Beginning and ending balance in the account or fund.
Table 2 summarizes the beginning and ending fund balances for the WISP Sanitary Sewer Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 2 summarizes the fees collected and the interest earned for the WISP Sanitary Sewer Fee during FY 24-25.
Table 2: WISP Sanitary Sewer Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 3 summarizes the expenditures this past year on WISP Sanitary Sewer projects.
Fund 308-456
Sanitary Sewer Fee
Beginning Fund Balance as of July 1, 20241
$604,786.00
Revenues
Fees Collected $18,694.71
Interest Earned2
$25,900.00
Total Revenues $44,594.71
Expenses
Project Expenses $0.00
Other Expenditures
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $649,380.71
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 360 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 9
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 3 summarizes the planned future expenditures for the WISP Sanitary Sewer Fee and the anticipated construction start date for each project.
________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 10
Table 3: WISP Sanitary Sewer Fee Projects
Project No. Project Name Project Budget Fund Budget
Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date 1
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)1
5 15" Gravity in Clinton from W. Main 2100' to North $ 507,612.76 $ 507,612.76 $ - $ - $ 507,612.76 100.0% FY 29-30 n/a n/a 13 10" Gravity in Washington from W. Main 1400' to South $ 260,315.79 $ 260,315.79 $ - $ - $ 260,315.79 100.0% FY 29-30 n/a n/a 19 12" Gravity in Washington from Linwood 2800' to North $ 572,692.23 $ 572,692.23 $ - $ - $ 572,692.23 100.0% FY 29-30 n/a n/a 20 12" Force Main in Washington from Linwood to W. Main $ 1,004,070.42 $ 1,004,070.42 $ - $ - $ 1,004,070.42 100.0% FY 29-30 n/a n/a 21 12" Gravity in Future Road from Linwood 2800' to North $ 572,692.23 $ 572,692.23 $ - $ - $ 572,692.23 100.0% FY 34-35 n/a n/a 22 10" Gravity in Tegner from Linwood 732' to North $ 185,938.66 $ 185,938.66 $ - $ - $ 185,938.66 100.0% FY 34-35 n/a n/a 23 10" Gravity in Kilroy from Linwood 1700' to North $ 316,094.46 $ 316,094.46 $ - $ - $ 316,094.46 100.0% FY 34-35 n/a n/a 24 15" Gravity in Linwood from Washington 2600' East $ 628,473.00 $ 628,473.00 $ - $ - $ 628,473.00 100.0% FY 34-35 n/a n/a P5 Proposed Pump Station at Washington and Linwood $ 540,679.02 $ 540,679.02 $ - $ - $ 540,679.02 100.0% FY 29-30 n/a n/a TO TAL PRO JECT EXPENSES $ 4,588,568.57 $ 4,588,568.57 $ - $ - $ 4,588,568.57 GRAND TO TAL $ 4,588,568.57 $ 4,588,568.57 $ - $ - $ 4,588,568.57 1The City may condition developers to construct these improvements as part of development projects. Page 362 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 11
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 12
Fund 308-458: Water Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The WISP Water fee is collected to fund
water system infrastructure, which may
include water lines and water wells in the
WISP program area.
Requirement 2. Amount of the fee.
The WISP Water Fee for FY 24-25 is summarized in Table 4 below. The WISP Water Fee is not charged on residential land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 4: WISP Water Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) n/a
Medium Density Residential (per DU) n/a
High Density Residential (per DU) n/a
Non-Residential
Commercial (per Developable Acre) $1,162.57
Office (per Developable Acre) $1,162.57
Industrial (per Developable Acre) $5,113.25 Page 364 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 13
Requirement 3. Beginning and ending balance in the account or fund.
Table 5 summarizes the beginning and ending fund balances for the WISP Water Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 5 summarizes the fees collected and the interest earned for the WISP Water Fee during FY 24-25.
Table 5: WISP Water Fee Fund Summary
Fund 308-458
Water Fee
Beginning Fund Balance as of July 1, 20241
$851,011.00
Revenues
Fees Collected $38,279.29
Interest Earned2
$35,120.00
Total Revenues $73,399.29
Expenses
Project Expenses $0.00
Other Expenditures
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $924,410.29
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 365 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 14
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 6 summarizes the expenditures this past year on WISP Water projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 6 summarizes the planned future expenditures for the WISP Water Fee and the anticipated construction start date for each project.
____________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 15
Table 6: WISP Water Fee Projects
Project No. Project Name Project Budget Fund Budget
Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date 1
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)1
8 12" Water Line in Canal from Washington 2600' East $ 324,255.08 $ 324,255.08 $ - $ - $ 324,255.08 100.0% Complete n/a n/a 9 12" Water Line in Canal from Fransil to Diane $ 483,440.93 $ 483,440.93 $ - $ - $ 483,440.93 100.0% FY 34-35 n/a n/a 10 12" Water Line in Canal from Diane to Walnut $ 241,720.46 $ 241,720.46 $ - $ - $ 241,720.46 100.0% FY 34-35 n/a n/a 15 12" Water Line in Washington from W. Main to Ruble $ 502,036.26 $ 502,036.26 $ - $ - $ 502,036.26 100.0% FY 34-35 n/a n/a 17 12" Water Line in Ruble from Washington to Tegner $ 422,236.18 $ 422,236.18 $ - $ - $ 422,236.18 100.0% FY 29-30 n/a n/a 19 12" Water Line in Washington from Ruble to Linwood $ 502,036.26 $ 502,036.26 $ - $ - $ 502,036.26 100.0% FY 29-30 n/a n/a 21 12" Water Line in Tegner from Linwood 1300' North $ 502,036.26 $ 502,036.26 $ - $ - $ 502,036.26 100.0% FY 34-35 n/a n/a 22 12" Water Line in Kilroy from Linwood 1732' North $ 322,046.01 $ 322,046.01 $ - $ - $ 322,046.01 100.0% FY 34-35 n/a n/a 23 12" Water Line in Linwood from Washington to Tegner $ 1,004,070.42 $ 1,004,070.42 $ - $ - $ 1,004,070.42 100.0% FY 34-35 n/a n/a 25 12" Water Line in Linwood from Tegner to Kilroy $ 502,036.26 $ 502,036.26 $ - $ - $ 502,036.26 100.0% FY 34-35 n/a n/a 26 12" Water Line in Linwood from Kilroy to Walnut $ 502,036.26 $ 502,036.26 $ - $ - $ 502,036.26 100.0% FY 34-35 n/a n/a W5 New Potable Well near Linwood and Washington $ 1,697,866.30 $ 1,697,866.30 $ - $ - $ 1,697,866.30 100.0% FY 34-35 n/a n/a TO TAL PRO JECT EXPENSES $ 7,005,816.68 $ 7,005,816.68 $ - $ - $ 7,005,816.68 GRAND TO TAL $ 7,005,816.68 $ 7,005,816.68 $ - $ - $ 7,005,816.68 1The City may condition developers to construct these improvements as part of development projects. Page 367 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 16
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 17
Fund 308-460: Administration Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The WISP Administration Fee is used to cover the cost of City Staff time and effort for administration of the Development Impact Fee programs. The WISP Administration Fee amounts to three percent (3%) of each WISP fee and covers legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis costs.
Requirement 2. Amount of the fee.
The WISP Administration Fee for FY 24-25 is summarized in Table 7 below. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 7: WISP Administration Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) n/a
Medium Density Residential (per DU) n/a
High Density Residential (per DU) n/a
Non-Residential
Commercial (per Developable Acre) $122.77
Office (per Developable Acre) $122.77
Industrial (per Developable Acre) $399.36 Page 369 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 18
Requirement 3. Beginning and ending balance in the account or fund.
Table 8 summarizes the beginning and ending fund balances for the WISP Administration Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 8 summarizes the fees collected and the interest earned for the WISP Administration Fee during FY 24-25. The fund balance for the administration fee is negative due to initial assumptions that the fee program would involve more extensive project coordination and developer outreach based on the larger number of projects originally anticipated and City time allocated to the project accordingly.
Table 8: WISP Administration Fee Fund Summary
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and Fund 308-460
Administration Fee
Beginning Fund Balance as of July 1, 2024 ($224,810.00) Revenues
Fees Collected $1,709.23
Interest Earned $0.00
Total Revenues $1,709.23
Expenses
Project Expenses $0.00
Other Expenditures
City Engineering Services $0.00
Admin - Fee Reporting ($1,221.87)
Total Expenses ($1,221.87)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 ($224,322.64)
Source: City of Turlock Financial Documents Page 370 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 19
five-year public reporting, and fee justification analysis for the WISP fee program and are not tied to specific projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and five-year public reporting, and fee justification analysis for the WISP fee program and are not tied to specific projects.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
___________________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 20
WISP Fee Program Fund Summary
Description
Sanitary
Sewer Water Administration
In-Lieu
Agreements 2 Total
Fund No. 308-456 308-458 308-460 308-465
Starting Balance 1
As of July 1, 2024 $604,786.00 $851,011.00 ($224,810.00) $1,309,074.00 $2,540,061.00
REVENUES
Fees Collected $18,694.71 $38,279.29 $1,709.23 $0.00 $58,683.23 Interest Earned3
$25,900.00 $35,120.00 $0.00 $0.00 $61,020.00
Total Revenues $44,594.71 $73,399.29 $1,709.23 $0.00 $119,703.23
EXPENSES
Project Expenditures $0.00 $0.00 $0.00 $0.00 $0.00
O ther Expenditures
City Engineering Services $0.00 $0.00 $0.00 $0.00 $0.00 Admin - Fee Reporting4
$0.00 $0.00 ($1,221.87) $0.00 ($1,221.87)
Total Expenditures $0.00 $0.00 ($1,221.87) $0.00 ($1,221.87) Transfers In $0.00 $0.00 $0.00 $0.00 $0.00
Transfers O ut $0.00 $0.00 $0.00 $0.00 $0.00
Net Transfers $0.00 $0.00 $0.00 $0.00 $0.00
Ending Balance
As of June 30, 2025 $649,380.71 $924,410.29 ($224,322.64) $1,309,074.00 $2,658,542.36 Source: City of Turlock Financial Documents
2 The WISP Fee Program previously collected revenue from an In-Lieu Agreement for improvements at Tegner Road. 4 Administration Costs include City Engineering Services and Reporting. 3 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown.
1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 372 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 21
Northwest Triangle Specific Plan (NWTSP)
The NWTSP Area contains land that is currently zoned for residential and commercial uses. The program was established to collect DIFs to fund new development and projects for infrastructure needed to serve the NWTSP Area. The originally adopted NWTSP fees included components for storm drainage, sanitary sewer, and transportation. In 2013, a Northwest Triangle Specific Plan Nexus Study Update was conducted; the transportation and storm drainage components were removed, and the water component of the fee was added. The projects and existing funds for the removed components were moved to the matching Citywide fee programs.
The NWTSP Fee Program includes the following components:
• Sanitary Sewer
• Water
• Administration
The following sections will include the information necessary to meet the legal requirements for each individual impact fee fund included in the NWTSP fee program.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 22
Fund 230-456: Sanitary Sewer Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NWTSP Sanitary Sewer Fee is
collected to fund sewer system
infrastructure including sewer lines, pump
stations, and sewer lift stations in the
NWTSP program area.
Requirement 2. Amount of the fee.
The NWTSP Sanitary Sewer Fee for FY 24-25 is summarized in Table 9 below. The NWTSP Sanitary Sewer Fee is not charged on office or industrial land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 9: NWTSP Sanitary Sewer Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $34.02
Medium Density Residential (per DU) $23.67
High Density Residential (per DU) $23.67
Non-Residential
Commercial (per Developable Acre) $109.45
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 374 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 23
Requirement 3. Beginning and ending balance in the account or fund.
Table 10 summarizes the beginning and ending fund balances for the NWTSP Sanitary Sewer Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 10 summarizes the fees collected and the interest earned for the NWTSP Sanitary Sewer Fee during FY 24-25.
Table 10: NWTSP Sanitary Sewer Fee Fund Summary
Fund 230-456
Sanitary Sewer Fee
Beginning Fund Balance as of July 1, 20241
$24,141.00
Revenues
Fees Collected $160.76
Interest Earned2
$3,700.00
Total Revenues $3,860.76
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges ($100.00)
Admin - Fee Reporting $0.00
Total Expenses ($100.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $27,901.76
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 375 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 24
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 11 summarizes the expenditures this past year on NWTSP Sanitary Sewer projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 11 summarizes the planned future expenditures for the NWTSP Sanitary Sewer Fee and the anticipated construction start date for each project.
________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 25
Table 11: NWTSP Sanitary Sewer Fee Projects
Project No. Project Name Project Budget Fund Budget
Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date 1
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)1
1 10" Sewer Line in Golden State Blvd from Tuolumne 1800' North $ 334,689.79 $ 334,689.79 $ - $ - $ 334,689.79 100.0% FY 34-35 n/a n/a 2 12" Sewer Line in Golden State Blvd from Tuolumne 1800' South $ 306,798.89 $ 306,798.89 $ - $ - $ 306,798.89 100.0% FY 34-35 n/a n/a TO TAL PRO JECT EXPENSES $ 641,488.68 $ 641,488.68 $ - $ - $ 641,488.68 Bank Charges $ 100.00
GRAND TO TAL $ 641,488.68 $ 641,488.68 $ - $ 100.00 $ 641,488.68 1The City may condition developers to construct these improvements as part of development projects. Page 377 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 26
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 27
Fund 230-458: Water Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NWTSP Water Fee is collected to
fund water system infrastructure,
which may include water lines and
water wells in the NWTSP program
area.
Requirement 2. Amount of the fee.
The NWTSP Water Fee for FY 24-25 is summarized in Table 12 below. The NWTSP Water Fee is not charged on office or industrial land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI).
Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 12: NWTSP Water Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $1,511.64
Medium Density Residential (per DU) $686.30
High Density Residential (per DU) $992.48
Non-Residential
Commercial (per Developable Acre) $3,613.44
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 379 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 28
Requirement 3. Beginning and ending balance in the account or fund.
Table 13 summarizes the beginning and ending fund balances for the NWTSP Water Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 13 summarizes the fees collected and the interest earned for the NWTSP Water Fee during FY 24-25.
Table 13: NWTSP Water Fee Fund Summary
Fund 230-458
Water Fee
Beginning Fund Balance as of July 1, 20241
$309,540.00
Revenues
Fees Collected $5,307.09
Interest Earned2
$5,300.00
Total Revenues $10,607.09
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $320,147.09
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 380 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 29
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 14 summarizes the expenditures this past year on NWTSP Water projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 14 summarizes the planned future expenditures for the NWTSP Water Fee and the anticipated construction start date for each project.
________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 30
Table 14: NWTSP Water Fee Projects
Project No. Project Name Project Budget Fund Budget
Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date 1
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)1
2 12" Water Line in Taylor Rd from Golden State to Tegner $ 261,836.85 $ 261,836.85 $ - $ - $ 261,836.85 100.0% FY 34-35 n/a n/a 3 Bore 24" Casing under TID at Tegner $ 56,196.93 $ 56,196.93 $ - $ - $ 56,196.93 100.0% FY 34-35 n/a n/a 5 Bore 24" Casing / Install 12" Line under SR99 at Tuolumne $ 445,456.10 $ 445,456.10 $ - $ - $ 445,456.10 100.0% FY 34-35 n/a n/a TO TAL PRO JECT EXPENSES $ 763,489.88 $ 763,489.88 $ - $ - $ 763,489.88 GRAND TO TAL $ 763,489.88 $ 763,489.88 $ - $ - $ 763,489.88 1The City may condition developers to construct these improvements as part of development projects. Page 382 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 31
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 32
Fund 230-460: Administration Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NWTSP Administration Fee is used to cover the cost of City Staff time and effort for administration of the NWTSP Development Impact Fee programs. The NWTSP Administration Fee amounts to three percent (3%) of each NWTSP fee and covers legal, accounting, administration support, revenue collection, revenue and cost accounting, AB1600 annual and fiveyear mandated public reporting, and fee justification analysis costs.
Requirement 2. Amount of the fee.
The NWTSP Administration Fee for FY 24-25 is summarized in Table 15 below. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 15: NWTSP Administration Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $45.85
Medium Density Residential (per DU) $20.71
High Density Residential (per DU) $31.05
Non-Residential
Commercial (per Developable Acre) $112.42
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 384 of 1536
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 33
Requirement 3. Beginning and ending balance in the account or fund.
Table 16 summarizes the beginning and ending fund balances for the NWTSP Administration Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 16 summarizes the fees collected and the interest earned for the NWTSP Administration Fee during FY 24-25.
Table 16: NWTSP Administration Fee Fund Summary
Fund 230-460
Administration Fee
Beginning Fund Balance as of July 1, 2024 $5,256.00
Revenues
Fees Collected $164.04
Interest Earned $0.00
Total Revenues $164.04
Expenses
Project Expenses $0.00
Other Expenditures
City Engineering Services $0.00
Admin - Fee Reporting ($1,221.88)
Total Expenses ($1,221.88)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $4,198.16
Source: City of Turlock Financial Documents Page 385 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 34
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and five-year public reporting, and fee justification analysis for the NWTSP fee program and are not tied to specific projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and five-year public reporting, and fee justification analysis for the NWTSP fee program and are not tied to specific projects.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 24-25.
Development Impact Fee Annual Report (FY 24-25) 35
NWTSP Fee Program Fund Summary
Description
Sanitary
Sewer Water Administration Total
Fund No. 230-456 230-458 230-460
Starting Balance 1
As of July 1, 2024 $24,141.00 $309,540.00 $5,256.00 $338,937.00
REVENUES
Fees Collected $160.76 $5,307.09 $164.04 $5,631.89
Interest Earned2
$3,700.00 $5,300.00 $0.00 $9,000.00
Total Revenues $3,860.76 $10,607.09 $164.04 $14,631.89
EXPENSES
Project Expenditures $0.00 $0.00 $0.00 $0.00
O ther Expenditures
Bank Charges2
($100.00) $0.00 $0.00 ($100.00)
Admin - Fee Reporting3
$0.00 $0.00 ($1,221.88) ($1,221.88)
Total Expenditures ($100.00) $0.00 ($1,221.88) ($1,321.88) Transfers In $0.00 $0.00 $0.00 $0.00
Transfers O ut $0.00 $0.00 $0.00 $0.00
Net Transfers $0.00 $0.00 $0.00 $0.00
Ending Balance
As of June 30, 2025 $27,901.76 $320,147.09 $4,198.16 $352,247.01 Source: City of Turlock Financial Documents
3 Administration Costs include Fee Reporting.
2 Year-end interest allocations and bank charges for Fiscal Year 2024-2025 are not complete as of 10/22/2025.
For the purposes of this report, budgeted amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 387 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 36
Northeast Turlock Master Plan (NETMP)
The NETMP Area is currently zoned for residential uses. The program was established to collect DIFs to fund new development and projects for infrastructure needed to serve the NETMP Area.
The NETMP fees were originally adopted in 2004, and the majority of the programmed projects and improvements have since been completed. The City updated the list of remaining improvements in 2018 and escalated the remaining costs using the 20 Cities ENR CCI index. The costs have been escalated annually since the preparation of the FY 22-23 Annual Report and were escalated again to 2025 dollars using the 20 Cities ENR CCI index for this report. A single fee is charged for this area that covers the components of the program fees; this fee has not been escalated since 2020.
The NETMP Fee Program includes the following components:
• Sanitary Sewer
• Storm Drainage
• Transportation
• Water
• Administration
The following sections will include the information necessary to meet the legal requirements for each individual impact fee fund included in the NETMP fee program.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 37
Fund 307-456: Sanitary Sewer Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NETMP Sanitary Sewer Fee is
collected to fund sewer system
infrastructure including sewer lines, pump
stations, and sewer lift stations in the
NETMP program area. All sewer facilities
planned for the NETMP area have been
completed.
Requirement 2. Amount of the fee.
The NETMP Sanitary Sewer Fee for FY 24-25 is summarized in Table 17 below. The fee shown below is the total NETMP fee, which is not broken out by component. A single fee is charged for this area that covers the components of the program fees; this fee has not been escalated since 2020. The NETMP fee is not charged on non-residential land uses.
Table 17: NETMP Sanitary Sewer Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $3,000.00
Medium Density Residential (per DU) $3,000.00
High Density Residential (per DU) $3,000.00
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 389 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 38
Requirement 3. Beginning and ending balance in the account or fund.
Table 18 summarizes the beginning and ending fund balances for the NETMP Sanitary Sewer Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 18 summarizes the fees collected and the interest earned for the NETMP Sanitary Sewer Fee during FY 24-25.
Table 18: NETMP Sanitary Sewer Fee Fund Summary
Fund 307-456
Sanitary Sewer Fee
Beginning Fund Balance as of July 1, 20241
$200,626.00
Revenues
Fees Collected $0.00
Interest Earned2
$5,600.00
Total Revenues $5,600.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $206,226.00
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 390 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 39
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
There were no expenditures on NETMP Sanitary Sewer projects for FY 24-25.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
The City does not currently have any planned NETMP Sanitary Sewer projects. The City is no longer collecting the NETMP Sanitary Sewer Fee because the improvements identified in the adopted Nexus Study have been completed. As a result, there are no remaining incomplete improvements identified in the Nexus Study that require identification of an approximate construction start date pursuant to Government Code Section 66006(b)(1)(F).
In compliance with the Mitigation Fee Act (AB 1600) and AB 516 reporting requirements, the City will ensure that any remaining unexpended or uncommitted funds within the NETMP Sanitary Sewer account are accounted for in future fee updates, transferred to other eligible project funds or refunded, as applicable, consistent with Government Code Sections 66001(d) and 66006(b). The City will continue to evaluate sanitary sewer infrastructure needs as part of future Capital Improvement Program (CIP) updates, and any eligible new or expanded improvements identified in future CIPs may be considered for inclusion in an updated Nexus Study and corresponding impact fee program, if warranted.
The City is currently reviewing the impact fee program for eligible NETMP Sanitary Sewer Fee improvements.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 40
Fund 307-457: Storm Drain Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NETMP Storm Drain Fee is collected
to fund new construction of storm drain
lines to serve the NETMP program area.
Requirement 2. Amount of the fee.
The NETMP Storm Drain Fee for FY 24-25 is summarized in Table 19 below. The fee shown below is the total NETMP fee, which is not broken out by component. A single fee is charged for this fee area that covers the components of the program fees; this fee has not been escalated since 2020. The NETMP fee is not charged on non-residential land uses.
Table 19: NETMP Storm Drain Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $3,000.00
Medium Density Residential (per DU) $3,000.00
High Density Residential (per DU) $3,000.00
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 392 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 41
Requirement 3. Beginning and ending balance in the account or fund.
Table 20 summarizes the beginning and ending fund balances for the NETMP Storm Drain Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 20 summarizes the fees collected and the interest earned for the NETMP Storm Drain Fee during FY 24-25.
Table 20: NETMP Storm Drain Fee Fund Summary
Fund 307-457
Storm Drainage Fee
Beginning Fund Balance as of July 1, 20241
$1,351,929.00
Revenues
Fees Collected $0.00
Interest Earned2
$37,700.00
Market Value Adjustment $0.00
Total Revenues $37,700.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $1,389,629.00
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 393 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 42
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
There were no expenditures on NETMP Storm Drain projects for FY 24-25.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
The City does not currently have any planned NETMP Storm Drain projects. The City is no longer collecting the NETMP Storm Drain fee because the improvements identified in the adopted Nexus Study have been completed. As a result, there are no remaining incomplete improvements from the Nexus Study that require identification of an approximate construction start date pursuant to Government Code Section 66006(b)(1)(F).
In compliance with the Mitigation Fee Act (AB 1600) and AB 516 reporting requirements, the City will ensure that any remaining unexpended or uncommitted funds within the NETMP Storm Drain account are accounted for in future fee updates, transferred to other eligible project funds or refunded, as applicable, consistent with Government Code Sections 66001(d) and 66006(b). The City will continue to evaluate storm drainage infrastructure needs as part of future CIP updates, and any eligible new or expanded improvements identified in future CIPs may be considered for inclusion in an updated Nexus Study and corresponding impact fee program, if warranted. The City is currently reviewing the impact fee program for eligible NETMP Storm Drain Fee improvements.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 43
Fund 307-455: Transportation Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NETMP Transportation Fee is
collected to fund new construction and
improvements of existing street
improvements, traffic signals, bikeways,
and pedestrian paths in the NETMP
program area.
Requirement 2. Amount of the fee.
The NETMP Transportation Fee for FY 24-25 is summarized in Table 21 below. The fee shown below is the total NETMP fee, which is not broken out by component. A single fee is charged for this fee area that covers the components of the program fees; this fee has not been escalated since 2020. The NETMP fee is not charged on non-residential land uses.
Table 21: NETMP Transportation Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $3,000.00
Medium Density Residential (per DU) $3,000.00
High Density Residential (per DU) $3,000.00
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 395 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 44
Requirement 3. Beginning and ending balance in the account or fund.
Table 22 summarizes the beginning and ending fund balances for the NETMP Transportation Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 22 summarizes the fees collected and the interest earned for the NETMP Transportation Fee during FY 24-25.
Table 22: NETMP Transportation Fee Fund Summary
Fund 307-455
Transportation Fee
Beginning Fund Balance as of July 1, 20241
$1,736,761.00
Revenues
Fees Collected $33,000.00
Interest Earned2
$44,000.00
Market Value Adjustment $0.00
Total Revenues $77,000.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges1
($500.00)
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses ($500.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $1,813,261.00
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 396 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 45
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 23 summarizes the expenditures this past year on NETMP Transportation projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 23 summarizes the planned future expenditures for the NETMP Transportation Fee and the anticipated construction start date for each project.
________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 46
Table 23: NETMP Transportation Fee Projects
Project No. Project Name Project Budget Fund Budget
Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date 1
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)1
1 Signal at Taylor Road/Berkeley Avenue $ 877,908.43 $ 877,908.43 $ - $ - $ 877,908.43 100.0% FY 34-35 n/a n/a 14 Colorado Ave - North of Monte Vista Ave to Project Line $ 93,755.97 $ 93,755.97 $ - $ - $ 93,755.97 100.0% FY 26-27 FY 26-27 Project in design. Will start construction
in FY 26-27.
TO TAL PRO JECT EXPENSES $ 971,664.40 $ 971,664.40 $ - $ - $ 971,664.40 Bank Charges $ 500.00
GRAND TO TAL $ 971,664.40 $ 971,664.40 $ - $ 500.00 $ 971,664.40 1The City may condition developers to construct these improvements as part of development projects. Page 398 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 47
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 48
Fund 307-458: Water Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NETMP Water Fee is collected to
fund water system infrastructure, which
may include water lines and water wells in
the NETMP program area.
Requirement 2. Amount of the fee.
The NETMP Water Fee for FY 24-25 is summarized in Table 24 below. The fee shown below is the total NETMP fee, which is not broken out by component. A single fee is charged for this fee area that covers the components of the program fees; this fee has not been escalated since 2020. The NETMP fee is not charged on non-residential land uses.
Table 24: NETMP Water Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $3,000.00
Medium Density Residential (per DU) $3,000.00
High Density Residential (per DU) $3,000.00
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 400 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 49
Requirement 3. Beginning and ending balance in the account or fund.
Table 25 summarizes the beginning and ending fund balances for the NETMP Water Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 25 summarizes the fees collected and the interest earned for the NETMP Water Fee during FY 24-25.
Table 25: NETMP Water Fee Fund Summary
Fund 307-458
Water Fee
Beginning Fund Balance as of July 1, 20241
$571,616.00
Revenues
Fees Collected $0.00
Interest Earned2
$15,900.00
Market Value Adjustment $0.00
Total Revenues $15,900.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $587,516.00
Source: City of Turlock Financial Documents
1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24.
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. Page 401 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 50
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
There were no expenditures on NETMP Water projects for FY 24-25.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
The City does not currently have any planned NETMP Water projects. The City is no longer collecting the NETMP Water Fee because the improvements identified in the adopted Nexus Study have been completed. As a result, there are no remaining incomplete improvements identified in the Nexus Study that require identification of an approximate construction start date pursuant to Government Code Section 66006(b)(1)(F).
In compliance with the Mitigation Fee Act (AB 1600) and AB 516 reporting requirements, the City will ensure that any remaining unexpended or uncommitted funds within the NETMP Water account are accounted for in future fee updates, transferred to other eligible project funds or refunded, as applicable, consistent with Government Code Sections 66001(d) and 66006(b). The City will continue to evaluate water infrastructure needs as part of future CIP updates, and any eligible new or expanded improvements identified in future CIPs may be considered for inclusion in an updated Nexus Study and corresponding impact fee program, if warranted. The City is currently reviewing the impact fee program for eligible NETMP Water Fee improvements.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 51
Fund 307-460: Administration Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NETMP Administration Fee is used to cover the cost of City Staff time and effort for administration of the Development Impact Fee programs. The NETMP Administration Fee amounts to three percent (3%) of each NETMP fee and covers legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and five-year public reporting, and fee justification analysis costs.
Requirement 2. Amount of the fee.
The NETMP Administration Fee for FY 24-25 is summarized in Table 26 below.
The fee shown below is the total NETMP fee, which is not broken out by component. A single fee is charged for this fee area that covers the components of the program fees; this fee has not been escalated since 2020. The NETMP fee is not charged on non-residential land uses.
Table 26: NETMP Administration Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $3,000.00
Medium Density Residential (per DU) $3,000.00
High Density Residential (per DU) $3,000.00
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 403 of 1536
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 52
Requirement 3. Beginning and ending balance in the account or fund.
Table 27 summarizes the beginning and ending fund balances for the NETMP Administration Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 27 summarizes the fees collected and the interest earned for the NETMP Administration Fee during FY 24-25.
Table 27: Administration Fee Fund Summary
Fund 307-460
Administration Fee
Beginning Fund Balance as of July 1, 2024 $52,752.00
Revenues
Fees Collected $0.00
Interest Earned $0.00
Market Value Adjustment $0.00
Total Revenues $0.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
City Engineering Services ($98.33)
Admin - Fee Reporting ($1,221.88)
Total Expenses ($1,320.21)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $51,431.79
Source: City of Turlock Financial Documents Page 404 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 53
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and five-year public reporting, and fee justification analysis for the NETMP fee program and are not tied to specific projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated AB1600 annual and five-year public reporting, and fee justification analysis for the NETMP fee program and are not tied to specific projects.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 24-25.
___________________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 54
NETMP Fee Program Fund Summary
Description
Sanitary
Sewer
Storm
Drainage Transportation Water Administration Total
Fund No. 307-456 307-457 307-455 307-458 307-460
Starting Balance 1
As of July 1, 2024 $200,626.00 $1,351,929.00 $1,736,761.00 $571,616.00 $52,752.00 $3,913,684.00
REVENUES
Fees Collected $0.00 $0.00 $33,000.00 $0.00 $0.00 $33,000.00 Interest Earned2
$5,600.00 $37,700.00 $44,000.00 $15,900.00 $0.00 $103,200.00 Market Value Adjustment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Revenues $5,600.00 $37,700.00 $77,000.00 $15,900.00 $0.00 $136,200.00
EXPENSES
Project Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 O ther Expenditures
Bank Charges2
$0.00 $0.00 ($500.00) $0.00 $0.00 ($500.00)
City Engineering Services3
$0.00 $0.00 $0.00 $0.00 ($98.33) ($98.33)
Admin - Fee Reporting3
$0.00 $0.00 $0.00 $0.00 ($1,221.88) ($1,221.88)
Total Expenditures $0.00 $0.00 ($500.00) $0.00 ($1,320.21) ($1,820.21) Transfers In $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Transfers O ut $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Net Transfers $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Ending Balance
As of June 30, 2025 $206,226.00 $1,389,629.00 $1,813,261.00 $587,516.00 $51,431.79 $4,048,063.79 Source: City of Turlock Financial Documents
3 Administration Costs include City Engineering Services and Reporting. 2 Year-end interest allocations and bank charges for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted amounts are shown.
1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 406 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 55
North Turlock Master Plan (NTMP)
The NTMP Area contains land that is currently zoned for residential, office, and school uses. The program was established to collect DIFs to fund new development and projects for infrastructure needed to serve the NTMP Area. The NTMP fees were originally adopted in 2001, and the majority of the programmed projects and improvements have since been completed. The City updated the list of remaining improvements in 2018 and escalated the remaining costs using the 20 Cities ENR CCI index. The costs have been escalated annually since the preparation of the FY 22-23 Annual Report and were escalated again to 2025 dollars using the 20 Cities ENR CCI index for this report.
The NTMP Fee Program includes the following components:
• Sanitary Sewer
• Water
• Administration
The following sections will include the information necessary to meet the legal requirements for each individual impact fee fund included in the NTMP fee program.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 56
Fund 306-456: Sanitary Sewer Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NTMP Sanitary Sewer Fee is collected to fund sewer system infrastructure including sewer lines, pump stations, and sewer lift stations in the NTMP program area.
Requirement 2. Amount of the fee.
The NTMP Sanitary Sewer Fee for FY 24-25 is summarized in Table 28 below. The NTMP Sanitary Sewer Fee is not charged on commercial or industrial land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 28: NTMP Sanitary Sewer Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $2,962.55
Medium Density Residential (per DU) $2,962.55
High Density Residential (per DU) $2,962.55
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) $16,887.24
Industrial (per Developable Acre) n/a Page 408 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 57
Requirement 3. Beginning and ending balance in the account or fund.
Table 29 summarizes the beginning and ending fund balances for the NTMP Sanitary Sewer Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 29 summarizes the fees collected and the interest earned for the NTMP Sanitary Sewer Fee during FY 24-25.
Table 29: NTMP Sanitary Sewer Fee Fund Summary
Fund 306-456
Sanitary Sewer Fee
Beginning Fund Balance as of July 1, 20241
$892,542.00
Revenues
Fees Collected $0.00
Interest Earned2
$24,200.00
Total Revenues $24,200.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out ($162,302.14)
Ending Balance as of June 30, 2025 $754,439.86
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 409 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 58
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
There were no expenditures on NTMP Sanitary Sewer projects for FY 24-25.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
The City does not currently have any planned NTMP Sanitary Sewer projects. The City is no longer collecting the NTMP Sanitary Sewer Fee because the improvements identified in the adopted Nexus Study have been completed. As a result, there are no remaining incomplete improvements identified in the Nexus Study that require identification of an approximate construction start date pursuant to Government Code Section 66006(b)(1)(F).
In compliance with the Mitigation Fee Act (AB 1600) and AB 516 reporting requirements, the City will ensure that any remaining unexpended or uncommitted funds within the NTMP Sanitary Sewer account are accounted for in future fee updates, transferred to other eligible project funds or refunded, as applicable, consistent with Government Code Sections 66001(d) and 66006(b). The City will continue to evaluate sanitary sewer infrastructure needs as part of future CIP updates, and any eligible new or expanded improvements identified in future CIPs may be considered for inclusion in an updated Nexus Study and corresponding impact fee program, if warranted. The City is currently reviewing the impact fee program for eligible NTMP Sanitary Sewer Fee improvements.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
A refund of $162,302.14 was made to Turlock Unified School District from this fund in FY 24-25 for the reimbursement of construction costs for public improvements.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 59
Fund 306-457: Storm Drain Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NTMP Storm Drain Fee collected to
fund new construction of storm drain lines
to serve the NTMP program area.
Requirement 2. Amount of the fee.
The NTMP Storm Drain Fee for FY 24-25 is summarized in Table 30 below. The NTMP Storm Drain Fee is not charged on commercial or industrial land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 30: NTMP Storm Drain Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $3,822.06
Medium Density Residential (per DU) $2,407.10
High Density Residential (per DU) $1,796.36
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) $39,433.62
Industrial (per Developable Acre) n/a Page 411 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 60
Requirement 3. Beginning and ending balance in the account or fund.
Table 31 summarizes the beginning and ending fund balances for the NTMP Storm Drain Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 31 summarizes the fees collected and the interest earned for the NTMP Storm Drain Fee during FY 24-25.
Table 31: NTMP Storm Drain Fee Fund Summary
Fund 306-457
Storm Drainage Fee
Beginning Fund Balance as of July 1, 20241
$478,529.00
Revenues
Fees Collected $0.00
Interest Earned2
$13,000.00
Total Revenues $13,000.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out ($22,655.78)
Ending Balance as of June 30, 2025 $468,873.22
Source: City of Turlock Financial Documents
1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24.
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. Page 412 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 61
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
There were no expenditures on NTMP Storm Drain projects for FY 24-25.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
The City does not currently have any planned NTMP Storm Drain projects. The City is no longer collecting the NTMP Storm Drain fee because the improvements identified in the adopted Nexus Study have been completed. As a result, there are no remaining incomplete improvements from the Nexus Study that require identification of an approximate construction start date pursuant to Government Code Section 66006(b)(1)(F).
In compliance with the Mitigation Fee Act (AB 1600) and AB 516 reporting requirements, the City will ensure that any remaining unexpended or uncommitted funds within the NTMP Storm Drain account are accounted for in future fee updates, transferred to other eligible project funds or refunded, as applicable, consistent with Government Code Sections 66001(d) and 66006(b). The City will continue to evaluate storm drainage infrastructure needs as part of future CIP updates, and any eligible new or expanded improvements identified in future CIPs may be considered for inclusion in an updated Nexus Study and corresponding impact fee program, if warranted. The City is currently reviewing the impact fee program for eligible NTMP Storm Drain Fee improvements.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
A refund of $22,655.78 was made to Turlock Unified School District from this fund in FY 24-25 for the reimbursement of construction costs for public improvements.
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 62
Fund 306-455: Transportation Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NTMP Transportation Fee is
collected to fund new construction
and improvements of existing
street improvements, traffic
signals, bikeways, and pedestrian
paths in the NTMP program area.
Requirement 2. Amount of the fee.
The NTMP Transportation Fee for FY 24-25 is summarized in Table 32 below. The NTMP Transportation Fee is not charged on commercial or industrial land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 32: NTMP Transportation Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $9,481.48
Medium Density Residential (per DU) $9,481.48
High Density Residential (per DU) $9,481.48
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) $200,046.40
Industrial (per Developable Acre) n/a Page 414 of 1536
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 63
Requirement 3. Beginning and ending balance in the account or fund.
Table 33 summarizes the beginning and ending fund balances for the NTMP Transportation Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 33 summarizes the fees collected and the interest earned for the NTMP Transportation Fee during FY 24-25.
Table 33: NTMP Transportation Fee Fund Summary
Fund 306-455
Transportation Fee
Beginning Fund Balance as of July 1, 20241
$941,833.00
Revenues
Fees Collected $0.00
Interest Earned2
$25,600.00
Total Revenues $25,600.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges ($300.00)
Total Expenses ($300.00)
Transfers In $0.00
Transfers Out ($133,075.00)
Ending Balance as of June 30, 2025 $834,058.00
Source: City of Turlock Financial Documents
2 Year-end interest allocations for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted interest amounts are shown. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 415 of 1536
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 64
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 34 summarizes the expenditures this past year on NTMP Transportation projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 34 summarizes the planned future expenditures for the NTMP Transportation Fee and the anticipated construction start date for each project.
____________________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 65
Table 34: NTMP Transportation Fee Projects
Project No. Project Name Project Budget Fund Budget
Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)
CP 14-27 Intersection Improvements at W Taylor and N Walnut 1$ 1,514,854.72 $ 170,000.00 $ - $ - $ 170,000.00 11.2% FY 27-28 On Hold Working to determine Right of Way.
TBD West Springer Drive Median Improvements $ 515,000.00 $ 515,000.00 $ - $ - $ 515,000.00 100.0% FY 26-27 n/a n/a TO TAL PRO JECT EXPENSES $ 2,029,854.72 $ 685,000.00 $ - $ - $ 685,000.00 Bank Charges $ 300.00
GRAND TO TAL $ 2,029,854.72 $ 685,000.00 $ - $ 300.00 $ 685,000.00 1 $111,093.06 has been expended to date on this project out of federal CMAQ dollars. However, no impact fee revenue has been expended on the project prior to FY 24-25. Page 417 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 66
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
A refund of $133,075.00 was made to Turlock Unified School District from this fund in FY 24-25 for the reimbursement of construction costs for public improvements.
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 67
Fund 306-460: Administration Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The NTMP Administration Fee is used to cover the cost of City Staff time and effort for administration of the Development Impact Fee programs. The NTMP Administration Fee amounts to three percent (3%) of each NTMP fee and covers legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis costs.
Requirement 2. Amount of the fee.
The NTMP Administration Fee for FY 24-25 is summarized in Table 35 below. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 35: NTMP Administration Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $487.98
Medium Density Residential (per DU) $445.52
High Density Residential (per DU) $427.21
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) $7,691.02
Industrial (per Developable Acre) n/a Page 419 of 1536
__________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 68
Requirement 3. Beginning and ending balance in the account or fund.
Table 36 summarizes the beginning and ending fund balances for the NTMP Administration Fee for FY 24-25.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 36 summarizes the fees collected and the interest earned for the NTMP Administration Fee during FY 24-25.
Table 36: Administration Fee Fund Summary
Fund 307-460
Administration Fee
Beginning Fund Balance as of July 1, 2024 ($5,046.98)
Revenues
Fees Collected $0.00
Interest Earned $0.00
Total Revenues $0.00
Expenses
Project Expenses $0.00
Other Expenditures
Bank Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 ($5,046.98)
Source: City of Turlock Financial Documents Page 420 of 1536 __________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 69
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis for the NTMP fee program and are not tied to specific projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Administration fees cover the cost of legal, accounting, administration support, revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis for the NTMP fee program and are not tied to specific projects.
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.
There were no refunds made from this fund in FY 24-25.
___________________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 70
NTMP Fee Program Fund Summary
Description
Sanitary
Sewer
Storm
Drainage Transportation Administration Total
Fund No. 306-456 306-457 306-455 306-460
Starting Balance 1
As of July 1, 2024 $892,542.00 $478,529.00 $941,833.00 ($5,046.98) $2,307,857.02
REVENUES
Fees Collected $0.00 $0.00 $0.00 $0.00 $0.00
Interest Earned2
$24,200.00 $13,000.00 $25,600.00 $0.00 $62,800.00
Total Revenues $24,200.00 $13,000.00 $25,600.00 $0.00 $62,800.00
EXPENSES
Project Expenditures $0.00 $0.00 $0.00 $0.00 $0.00
O ther Expenditures
Bank Charges2
$0.00 $0.00 ($300.00) $0.00 ($300.00)
Total Expenditures $0.00 $0.00 ($300.00) $0.00 ($300.00) Transfers In $0.00 $0.00 $0.00 $0.00 $0.00
Transfers O ut3
($162,302.14) ($22,655.78) ($133,075.00) $0.00 ($318,032.92) Net Transfers ($162,302.14) ($22,655.78) ($133,075.00) $0.00 ($318,032.92) Ending Balance
As of June 30, 2025 $754,439.86 $468,873.22 $834,058.00 ($5,046.98) $2,052,324.10 Source: City of Turlock Financial Documents
2 Year-end interest allocations and bank charges for Fiscal Year 2024-2025 are not complete as of 10/22/2025. For the purposes of this report, budgeted amounts are shown.
3 Transfer out to reimburse Turlock Unified School District for the construction of public improvements. 1 Starting balances may differ slightly from the ending balances in the prior Annual Report . The beginning fund balances shown are based on the audited fund balance at the end of FY 23-24. Page 422 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 71
East Tuolumne Master Plan (ETMP)
The ETMP Area contains land that is currently zoned for residential uses. The program was established in 2006 with the ETMP Development Fee Nexus Study prepared by Economic & Planning Systems, Inc. (EPS) and originally included components for transportation, sanitary sewer, storm drainage, and water. The study has been updated twice: in 2015 and again in 2019.
Between the 2015 and 2019 updates, the storm drainage component of the program was removed as the City and developers decided that the storm drainage facilities will be funded on a projectspecific basis instead of with DIF collected through the ETMP program.
The City has entered into two Subdivision Improvement Agreements (SIA) with Fairbanks Ranch 1, LLC in December 2019 and KB Home North Bay, LLC in February 2021. Both developers agreed to build capital improvements in the ETMP program area. Fairbanks Ranch 1, LLC completed capital improvements for the Fairbanks Ranch Subdivision, and KB Home North Bay, LLC completed improvements for the Les Chateaux Subdivision. Costs shown in the following sections related to the respective SIA have been escalated or held constant in accordance with the terms of the individual SIA.
The ETMP Fee Program includes the following components:
• Transportation
• Sanitary Sewer
• Water
• Administration
The following sections will include the information necessary to meet the legal requirements for each individual impact fee fund included in the ETMP fee program.
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 72
Fund 309-455: Transportation Fee
Requirement 1. Brief description of the type of fee in the account or fund.
The ETMP Transportation Fee is collected
to fund new construction and
improvements of existing street
improvements, bikeways, and pedestrian
paths in the ETMP program area.
Requirement 2. Amount of the fee.
The ETMP Transportation Fee for FY 24-25 is summarized in Table 37 below. The ETMP Transportation Fee is not charged on non-residential land uses. The fees are escalated quarterly using the Engineering News Record (ENR) 20-Cities Construction Cost Index (CCI). Because the quarterly escalation factors were minimal, the fees did not change in actual dollar terms compared to those reported in the previous year.
Table 37: ETMP Transportation Fee
Land Use
Fee as of
July 1, 2024
Residential
Low Density Residential (per DU) $13,796.90
Medium Density Residential (per DU) $13,796.90
High Density Residential (per DU) $9,637.45
Non-Residential
Commercial (per Developable Acre) n/a
Office (per Developable Acre) n/a
Industrial (per Developable Acre) n/a Page 424 of 1536
______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 73
Requirement 3. Beginning and ending balance in the account or fund.
Table 38 summarizes the beginning and ending fund balances for the ETMP Transportation Fee for FY 24-25. The City does not currently collect this fee yet and therefore no funds have been deposited in this account.
Requirement 4. Amount of fees collected and the interest earned during the previous year.
Table 38 summarizes the fees collected and the interest earned for the ETMP Transportation Fee during FY 24-25.
Table 38: ETMP Transportation Fee Fund Summary
Fund 309-455
Transportation Fee
Beginning Fund Balance as of July 1, 2024 $0.00
Revenues
Fees Collected $49,188.91
Interest Earned $0.00
Total Revenues $49,188.91
Expenses
Project Expenses $0.00
Other Expenditures
City Engineering Services $0.00
Admin - Fee Reporting $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2025 $49,188.91
Source: City of Turlock Financial Documents Page 425 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 74
Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.
Table 39 summarizes the expenditures this past year on ETMP Transportation projects.
Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable.
Table 39 summarizes the planned future expenditures for the ETMP Transportation Fee and the anticipated construction start date for each project.
________________________________________________________________________________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 75
Table 39: ETMP Transportation Fee Projects
Project No. Project Name 1,2,3,4,5 Project Budget Fund Budget Expenditures
to Date
FY24-25
Actual
Expenditures
Future
Expenditures
% Funded
by Fee
Approx.
Construction
Start Date 1
Approx. Construction
Start Date (Revised
for FY24-25)1
Reason for Revised Start Date
(if applicable)1
1 Quincy Road Improvements from Tuolumne to Monte Vista $ 312,091.01 $ 312,091.01 $ - $ - $ 312,091.01 100.0% FY 34-35 n/a n/a 4 Waring Road Improvements from Tuolumne Rd to Wyndfair #3 $ 339,924.29 $ 339,924.29 $ - $ - $ 339,924.29 100.0% FY 34-35 n/a n/a 7 TID Electrical Undergrounding on Tuolumne Rd from WMP Line to Waring $ 233,282.08 $ 233,282.08 $ - $ - $ 233,282.08 100.0% FY 34-35 n/a n/a 8 TID Electrical Undergrounding on Waring North of Tuolumne $ 170,628.33 $ 170,628.33 $ - $ - $ 170,628.33 100.0% FY 34-35 n/a n/a 9 TID Electrical Undergrounding on Waring South of Tuolumne $ 177,293.54 $ 177,293.54 $ - $ - $ 177,293.54 100.0% FY 34-35 n/a n/a TO TAL PRO JECT EXPENSES $ 1,233,219.25 $ 1,233,219.25 $ - $ - $ 1,233,219.25 GRAND TO TAL $ 1,233,219.25 $ 1,233,219.25 $ - $ - $ 1,233,219.25 5 The City is collecting ETMP fees from a new subdivision, Balisha Ranch, and will use these fee revenues to reimburse KB Homes, LLC and Fairbanks Ranch, LLC for the construction of ETMP improvements. Balisha Ranch will not construct ETMP improvements. 1 The City may condition developers to construct these improvements as part of development projects. 2 The City provided credits to KB Homes, LLC for inclusion of this improvement in the Les Chateaux Subdivision Improvement Agreement. The City will reimburse the developer for the construction of this improvement. 3 The City provided credits to Fairbanks Ranch, LLC for inclusion of this improvement in the Fairbanks Ranch Subdivision Improvement Agreement. The City will reimburse the developer for the construction of this improvement. 4 KB Homes, LLC and Fairbanks Ranch, LLC have already received building permit credits for ETMP Transportation, Water, and Sewer. The developers will be reimbursed an amount that reflects the credits that have already been issued by the City. Page 427 of 1536 ______________________________________________________________________________ Development Impact Fee Annual Report (FY 24-25) 76
Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.
There were no transfers or loans from this fund in FY 24-25.
Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects. For any refunds made, the number of persons or entities identified to receive those refunds.
There were no refunds made from this fund in FY 24-25.