Turlock City Council
January 13, 2026

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
164237 09/23/2025 Open Accounts Payable CalPERS $368,384.64 Invoice Date Description Amount
9/13/25PR 09/23/2025 9/13/25PR-CALPERS $368,384.64
Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $368,384.64 164238 09/24/2025 Open Accounts Payable DELTA DENTAL OF CALIFORNIA $4,926.60 Invoice Date Description Amount
BE006740556C 09/24/2025 DELTA DENTAL CLAIMS FOR 9/12/25-9/18/25 $4,926.60 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $4,926.60
164239 09/24/2025 Open Accounts Payable UMR $418.15
Invoice Date Description Amount
OCT 25 CUSTODIAL 09/24/2025 UMR OCTOBER 2025 CUSTODIAL AND BANKING FEE
$418.15
Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $418.15
164240 09/24/2025 Open Accounts Payable UMR $5,638.44
Invoice Date Description Amount
9/16-9/22-FY2025 09/24/2025 UMR CLAIMS FOR 9/16/25-9/22/25-FY 24/25 $5,638.44 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $5,638.44
164241 09/24/2025 Open Accounts Payable UMR $66,301.29
Invoice Date Description Amount
9/16-9/22-FY2026 09/24/2025 UMR CLAIMS FOR 9/16/25-9/22/25-FY 25/26 $66,301.29 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $66,301.29
164242 09/24/2025 Open Accounts Payable UMR $162,179.51 Invoice Date Description Amount
OCT 25 PREM 09/24/2025 UMR OCTOBER 2025 HEALTH PREMIUMS $162,179.51 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $162,179.51
164243 09/24/2025 Open Accounts Payable SUN LIFE ASSURANCE COMPANY

OF CANADA
$19,724.28
Invoice Date Description Amount
OCT 2025 09/24/2025 LTD AND LIFE INSURANCE - OCTOBER 2025 $19,724.28 Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $19,724.28 164244 09/25/2025 Open Accounts Payable UMR ($1,004.17) Invoice Date Description Amount
AUG25 COBRA REF 09/25/2025 UMR AUGUST COBRA REFUND ($1,004.17) Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) ($1,004.17)
164245 09/25/2025 Open Accounts Payable UMR ($25,110.10) Invoice Date Description Amount
AUG25 RET REF 09/25/2025 UMR AUGUST 2025 RETIREE REFUND ($25,110.10) Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) ($25,110.10)
user: Veronica Naranjo Pages: 5 of 6 Monday, December 15, 2025 Payment Register
City of Turlock
From Payment Date: 9/1/2025 - To Payment Date: 9/30/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
164246 09/30/2025 Open Accounts Payable Optum Bank, Inc. $22,915.01 Invoice Date Description Amount
8/30/25PR 09/05/2025 8/30/25PR-HSA EE & ER $11,424.17
9/13/25PR 09/19/2025 9/13/25PR-HSA EE & ER $11,490.84
Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $22,915.01
Type EFT Totals: 46 Transactions $2,395,329.68
PR - Payroll Account Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $2,395,329.68 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $2,395,329.68 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 46 $2,395,329.68 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 46 $2,395,329.68 $0.00
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $2,395,329.68 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $2,395,329.68 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 46 $2,395,329.68 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 46 $2,395,329.68 $0.00
user: Veronica Naranjo Pages: 6 of 6 Monday, December 15, 2025 Payment Register
City of Turlock
From Payment Date: 9/1/2025 - To Payment Date: 9/30/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - Accounts Payable
EFT
6032 10/07/2025 Open Accounts Payable WFG National Title Insurance Company
$100,000.00
Invoice Date Description Amount
Escrow 25-194746 10/07/2025 1600 Linden Lane, Turlock CA $100,000.00 Paying Fund Cash Account Amount
257 - State HOME Funds 257.11000 (Cash) $100,000.00
6035 10/24/2025 Open Accounts Payable US BANK-VISA $133,215.84 Invoice Date Description Amount
10/22/2025X9452 10/24/2025 Procurement Card Charges - 10/22/25 Statement $133,215.84 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $133,215.84
6036 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $899.36 Invoice Date Description Amount
823699066 10/20/2025 PREMIUMS OCTOBER 2025 - TCEA $899.36 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $899.36
6037 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $76.65 Invoice Date Description Amount
823699067 10/20/2025 PREMIUMS OCTOBER 2025 - CONFIDENTIAL $76.65 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $76.65
6038 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $413.91 Invoice Date Description Amount
823699070 10/20/2025 PREMIUMS OCTOBER 2025 - TAPO $413.91 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $413.91
6039 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $25.55 Invoice Date Description Amount
823688972 10/20/2025 PREMIUMS OCTOBER 2025 - CITY OF TURLOCK $25.55 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $25.55
6040 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $97.09 Invoice Date Description Amount
823699062 10/20/2025 PREMIUMS OCTOBER 2025 - MANAGEMENT $97.09 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $97.09
6041 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $25.55 Invoice Date Description Amount
823699063 10/20/2025 PREMIUMS OCTOBER 2025 - EXECUTIVE TEAM $25.55 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $25.55
6042 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $81.76 Invoice Date Description Amount
823699065 10/20/2025 PREMIUMS OCTOBER 2025 - RETIREES $81.76 Paying Fund Cash Account Amount
user: Veronica Naranjo Pages: 1 of 3 Tuesday, January 6, 2026 Payment Register
City of Turlock
From Payment Date: 10/1/2025 - To Payment Date: 10/31/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
511 - Health Care 511.11000 (Cash) $81.76
6043 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $209.51 Invoice Date Description Amount
823699068 10/20/2025 PREMIUMS OCTOBER 2025 - FIRE $209.51 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $209.51
6044 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $30.66 Invoice Date Description Amount
823699069 10/20/2025 PREMIUMS OCTOBER 2025 - TMAPS $30.66 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $30.66
6045 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $10.22 Invoice Date Description Amount
823699064 10/20/2025 PREMIUMS OCTOBER 2025 - COBRA $10.22 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $10.22
6046 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $525.60 Invoice Date Description Amount
823704052 10/20/2025 CLAIMS SEPTEMBER 2025 - MANAGEMENT $525.60 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $525.60
6047 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $197.13 Invoice Date Description Amount
823704051 10/20/2025 CLAIMS SEPTEMBER 2025 - COBRA $197.13 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $197.13
6048 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $1,511.66 Invoice Date Description Amount
823704049 10/20/2025 CLAIMS SEPTEMBER 2025 - TCEA $1,511.66 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $1,511.66
6049 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $194.50 Invoice Date Description Amount
823704048 10/20/2025 CLAIMS SEPTEMBER 2025 - CONFIDENTIAL $194.50 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $194.50
6050 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $532.71 Invoice Date Description Amount
823704047 10/20/2025 CLAIMS SEPTEMBER 2025 - FIRE $532.71 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $532.71
6051 10/21/2025 Open Accounts Payable VISION SERVICE PLAN CA $1,440.39 Invoice Date Description Amount
823704045 10/20/2025 CLAIMS SEPTEMBER 2025 - TAPO $1,440.39 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $1,440.39
user: Veronica Naranjo Pages: 2 of 3 Tuesday, January 6, 2026 Payment Register
City of Turlock
From Payment Date: 10/1/2025 - To Payment Date: 10/31/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Type EFT Totals: 18 Transactions $239,488.09
AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 18 $239,488.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 18 $239,488.09 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 18 $239,488.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 18 $239,488.09 $0.00
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 18 $239,488.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 18 $239,488.09 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 18 $239,488.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 18 $239,488.09 $0.00
user: Veronica Naranjo Pages: 3 of 3 Tuesday, January 6, 2026 Payment Register
City of Turlock
From Payment Date: 10/1/2025 - To Payment Date: 10/31/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - Accounts Payable
EFT
6034 11/24/2025 Open Accounts Payable CAL VALLEY CONSTRUCTION, INC. $1,490,262.67 Invoice Date Description Amount
PP11/22-001Pack1 11/05/2025 22-001 Citywide Rehab & Impov Project Various LocFinal Nov 2025$1,490,262.67 Paying Fund Cash Account Amount
115 - Measure A - Roads 115.11000 (Cash) $1,490,262.67
6052 11/26/2025 Open Accounts Payable US BANK-VISA $136,577.80 Invoice Date Description Amount
11/24/2025X9452 11/26/2025 Procurement Card Charges - 11/24/25 Statement $136,577.80 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $136,577.80
6053 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $15.33 Invoice Date Description Amount
823889143 11/17/2025 PREMIUMS NOVEMBER 2025 - CITY OF TURLOCK $15.33 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $15.33
6054 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $97.09 Invoice Date Description Amount
823900126 11/17/2025 PREMIUMS NOVEMBER 2025 - MANAGEMENT $97.09 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $97.09
6055 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $10.22 Invoice Date Description Amount
823900127 11/17/2025 PREMIUMS NOVEMBER 2025 - COBRA $10.22 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $10.22
6056 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $25.55 Invoice Date Description Amount
823900128 11/17/2025 PREMIUMS NOVEMBER 2025 - EXECUTIVE TEAM $25.55 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $25.55
6057 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $909.58 Invoice Date Description Amount
823900129 11/17/2025 PREMIUMS NOVEMBER 2025 - TCEA $909.58 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $909.58
6058 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $76.65 Invoice Date Description Amount
823900133 11/17/2025 PREMIUMS NOVEMBER 2025 - CONFIDENTIAL $76.65 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $76.65
6059 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $209.51 Invoice Date Description Amount
823900134 11/17/2025 PREMIUMS NOVEMBER 2025 - FIRE $209.51 Paying Fund Cash Account Amount
user: Veronica Naranjo Pages: 1 of 3 Thursday, January 8, 2026 Payment Register
City of Turlock
From Payment Date: 11/1/2025 - To Payment Date: 11/30/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
511 - Health Care 511.11000 (Cash) $209.51
6060 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $434.35 Invoice Date Description Amount
823900132 11/17/2025 PREMIUMS NOVEMBER 2025 - TAPO $434.35 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $434.35
6061 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $30.66 Invoice Date Description Amount
823900131 11/17/2025 PREMIUMS NOVEMBER 2025 - TMAPS $30.66 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $30.66
6062 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $81.76 Invoice Date Description Amount
823900130 11/17/2025 PREMIUMS NOVEMBER 2025 - RETIREES $81.76 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $81.76
6063 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $105.00 Invoice Date Description Amount
823905513 11/17/2025 CLAIMS OCTOBER 2025 - CONFIDENTIAL $105.00 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $105.00
6064 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $495.87 Invoice Date Description Amount
823905522 11/17/2025 CLAIMS OCTOBER 2025 - MANAGEMENT $495.87 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $495.87
6065 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $654.00 Invoice Date Description Amount
823905525 11/17/2025 CLAIMS OCTOBER 2025 - FIRE $654.00 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $654.00
6066 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $959.60 Invoice Date Description Amount
823905529 11/17/2025 CLAIMS OCTOBER 2025 - TAPO $959.60 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $959.60
6067 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $269.62 Invoice Date Description Amount
823905535 11/17/2025 CLAIMS OCTOBER 2025 - RETIREES $269.62 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $269.62
6068 11/19/2025 Open Accounts Payable VISION SERVICE PLAN CA $3,105.94 Invoice Date Description Amount
823905516 11/17/2025 CLAIMS OCTOBER 2025 - TCEA $3,105.94 Paying Fund Cash Account Amount
511 - Health Care 511.11000 (Cash) $3,105.94
user: Veronica Naranjo Pages: 2 of 3 Thursday, January 8, 2026 Payment Register
City of Turlock
From Payment Date: 11/1/2025 - To Payment Date: 11/30/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
6069 11/04/2025 Open Accounts Payable CALIFORNIA DEPT OF TAX AND

FEE ADMIN
$24.00
Invoice Date Description Amount
07/01/25-9/30/25 09/30/2025 JUL-SEPT 2025 CNG FUEL TAX $24.00 Paying Fund Cash Account Amount
505 - Fleet 505.11000 (Cash) $24.00
Type EFT Totals: 19 Transactions $1,634,345.20
AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 19 $1,634,345.20 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 19 $1,634,345.20 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 19 $1,634,345.20 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 19 $1,634,345.20 $0.00
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 19 $1,634,345.20 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 19 $1,634,345.20 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 19 $1,634,345.20 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 19 $1,634,345.20 $0.00
user: Veronica Naranjo Pages: 3 of 3 Thursday, January 8, 2026 Payment Register
City of Turlock
From Payment Date: 11/1/2025 - To Payment Date: 11/30/2025

City Council Special Meeting
Minutes
January 3, 2026
8:00 AM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California

1. CALL TO ORDER
Mayor Bublak called the meeting to order at 8:00 AM.

2. SALUTE TO THE FLAG

3. ROLL CALL AND DECLARATION OF CONFLICTS

Present: Councilmembers Cassandra Abram, Kevin Bixel, Erika Phillips, Vice Mayor Rebecka Monez and Mayor Amy Bublak

Absent: None
Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
None None None None None

4. APPROVAL OF AGENDA AS POSTED OR AMENDED
Motion: Approval of Agenda as Posted, motioned by Vice Mayor Monez, seconded by Councilmember Bixel and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes

5. PUBLIC PARTICIPATION - LIMITED TO ITEMS LISTED ON THE AGENDA Mayor Bublak opened the item for public comment. There were no comments from the public, and Mayor Bublak closed public comment.

6. CLOSED SESSION
A. Public Employee Appointment, Cal. Gov’t Code §54957
Title: City Attorney (Interviews)

7. REPORTS FROM CLOSED SESSION
None

8. ADJOURNMENT
Mayor Bublak adjourned the meeting at 9:51 AM.

City Council Staff Report
January 13, 2026
From: Jason Hedden, Police Chief
Prepared by: Amanda Fortado, Support Operations Manager Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving the purchase of outdoor shooting range equipment from Action Target to expand the Turlock Police Department Range by twelve lanes in a total amount not to exceed $150,000, without compliance to the formal bid procedures in accordance with Turlock Municipal Code Section 2-7-08(b)(6)

2. NARRATIVE:

Turlock Police Department currently has a primary range with actuating targets on the east and an open floor range on the west. The open range to the west does not have any installed actuating targets for qualification or course use. These two sections are divided by a sixfoot-tall and two-foot-wide concrete block wall, essentially allowing for both east and west ranges to run independent of each other. Due to the aging of the existing equipment on the east end of the range, staff requested to expand the west end of the range using ARPA funds and was approved to move forward with this project during the June 10, 2025 City Council meeting. Staff has determined the scope of work and is requesting approval to move forward with the purchase of new range equipment with Action Target.

The current range is operating with Action Target. Therefore, staff is requesting to forgo the bidding process and purchase the new equipment solely from Action Target. The current range is operating with Action Target pneumatic targeting systems, electronics, and software. Keeping all range equipment standardized through one vendor provides consistency in training as well as when operating and troubleshooting the equipment.

Additionally, targeting systems only allow for their proprietary software to interface with their equipment. Turlock Police already uses Action Target software, making it a seamless addition to the range upgrade. Turlock Police has continued to use Action Target over the years due to their unique features, patented equipment and positive reputation in the Law Enforcement field. It is the only software on the market that has an emergency cease-fire, which edges all targets away and flashes on all tablets. Additionally, it has the ability to train complex training scenarios and has the option of two different control tablets with an additional radio frequency four-button controller back up to ensure staff can still work the targets off of radio frequency if the WiFi tablets fail. The patent allows for the target system to be connected to Action Target's server through their cloud network, which provides access to analytics, remote troubleshooting, system improvements and content updates for improved functionality. Since all of this can be accomplished remotely, it would not require a technician to come out or be on site to identify issues to troubleshoot. This service would allow staff to maintain the range's functionality with limited to no downtime to ensure training needs.

Agenda Staff Report
1/13/2026

3. FISCAL IMPACT / BUDGET AMENDMENT:

The Police Department is requesting a competitive procedure not be used per TMC 2-7-08 (b) (6) that states, bidding is not required when the Council shall have adopted a resolution by at least four (4) affirmative votes determining that the best interests of the City require that the purchase be made without compliance with the formal bid procedure.

Funds have been appropriated in ARPA Fund 119-10-188.51270 for this expenditure.

4. ENVIRONMENTAL DETERMINATION:

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

5. ATTACHMENTS:

1. Draft Resolution

2. Action Target Proposal

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

WHEREAS, the Turlock Police Department currently has a primary range on the east and open floor range on the west with capabilities to have equipment installed creating two independently operating ranges; and
WHEREAS, funding through ARPA was approved during the June 10, 2025 City Council meeting to expand the range’s west end to include actuating targets for qualifications; and WHEREAS, the current range is operating with Action Target equipment, and in order to keep all training and operating of equipment standardized staff is requesting to purchase the new range equipment from Action Target; and
WHEREAS, the Finance Department has determined that this purchase renewal satisfies all municipal purchasing requirements via the exemption provided by Turlock Municipal Code Section 2-7-08(b)(6), that the best interests of the City require that the purchase be made without compliance with the formal bid procedure.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the purchase of outdoor shooting range equipment from Action Target to expand the Turlock Police Department range in a total amount not to exceed $150,000.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:

AYES: ( )
NOES: ( )
NOT PARTICIPATING: ( )
ABSENT: ( )
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
}
}
}
}
}
}
IN THE MATTER OF APPROVING THE RESOLUTION NO. 2026-XXX

PURCHASE OF OUTDOOR SHOOTING

RANGE EQUIPMENT FROM ACTION

TARGET TO EXPAND THE TURLOCK

POLICE DEPARTMENT RANGE IN A

TOTAL AMOUNT NOT TO EXCEED
$150,000

RANGE PROPOSAL

ACTION TARGET PROPOSAL
3411 Mountain Vista Pkwy, Provo Ut 84606
ActionTarget.com | 888.377.8033
Turlock PD- 12 Lane Outdoor Range
Quotation Number: 150943
Prepared by: David Blocker
Territory Manager: Chris Hart

OUTDOOR RANGE TARGET SYSTEMS PROPOSAL Price
12 Lane, 50 Yard Outdoor Range - 64' wide
ALL Systems are Removeable/Expandable to a future shooting range (12) FTTS, Electric 360 Degree Turning Target
• Red, blue and white LED on board lighting
• Extreme weather resistance
• 360 degree electric turning target system
• Ballistic shield protection
• Requires (2) 120 v 16 FLA power supplies down range. (Not included by ATI) • (1) up range 120v 16 FLA power supplies (Not included by ATI) SmartRange Axis - Range Controls – US Patent 10876821B2 • (2) Wireless Tablet Control Screens, (1) Backup RF Remote control • Allows training staff to run all lanes from a wireless tablet. • Allows for the creation of new programs which can be saved to individual files.

Action Target Supervisor Installation at CA Prevailing Wage Rates • Action Target will provide 1 Supervisor to oversee and support for duration of installation
• Customer shall provide 3 Laborers, and necessary tools and equipment for duration of install
Full Training of Range Staff
Ground Freight 2,500 - 10,000lbs. (Pending Options)
Includes Taxes
$74,800.00
Optional DRM PRO System (Add to Total)
DRM Pro – Dual Running Man Pro
• 2 lateral runners
• Speeds up to 20 fps
• Heavy duty motors
• Requires 220v power at the firing line (Not included by ATI) • (1) Up range 120v 16 fla power supply (Not included by ATI) $25,000.00
Optional Knee Wall (Add To Total)
Knee Wall: 64' Wide
• 3/8” AR500 Steel
• Rifle Rated protection
• Rubber Tile fascia
• Gravel Fill Design (Provided by others)
$31,000.00
Trusted Partner 3-Year Warranty
- Comprehensive Trusted Partner Warranty covers both parts and labor due to manufacturing or product defects.
$0.00

Not Included By Action Target
• All conduits and providing/pulling low voltage wire as specified in the ATI Drawings • General construction or site work such as concrete pads, overhead hanging structure, electrical, or internet services/requirements.
• Crushed gravel fill for ATI knee wall.
$0.00
Total $130,800.00

PROPOSAL DATE November 25, 2025
PROPOSAL VALIDITY 60 days from November 25, 2025
PAYMENT TERMS 1. PO with Milestones

2. ATI reserves the right to adjust installation costs based upon the actual site conditions encountered.

3. Unless explicitly itemized, price does not include bonds, fees, assessments, licenses, permits, mandatory wage requirements, other regulatory costs that may be applicable to the job site, or anything else not expressly identified in this proposal.

4. Price applies to range equipment and systems only. It does not include site preparation, construction, trusses/baffle supports, electrical, conduit, or any other work not directly contained in ATI's scope of work.

Steel Pricing Terms The Parties acknowledge that the Total Contract Price includes an estimated costs for steel to be utilized in the ATI equipment being provided as part of this Agreement. If the actual price for steel at the time ATI orders the steel for this project is less than the amounts estimated in the current Total Contract Price, ATI agrees to adjust the Total Contract Price accordingly and credit Customer the difference. ATI will utilize the “Notice to Proceed” as the time frame to asses the cost of steel for the project, including Industry Indexes and then current quotes from ATI’s steel suppliers.

SHIPPING TERMS 1. FOB destination: prepaid.

2. Shipping costs are estimates and subject to change; actual shipping costs will be subject to availability and rates at time of purchase.

DELIVERY &

INSTALLATION
TERMS

1. Manufacturing shall take no fewer than 16 weeks

2. Action Target Supervisor installation, Prevailing Wages

3. Installation cost is based upon having forklift and scissor lift access. If forklift and scissor lift access is not available, the installation cost will increase.

CUSTOMER

RESPONSIBILITIES

1. Customer to provide, at their sole expense, internet/Wi-Fi access to the range prior to and during installation. Customer is required to continue to provide Internet/Wi-Fi access throughout the life of the range to ensure remote access for equipment diagnostics and servicing.

2. Buyer to verify the ceiling structure within the range is capable of containing any errant type secondary bullet impacts.

3. All conduit, A.C. wiring, A.C. electrical connections, lighting, and any duct work is specifically excluded from this proposal and scope of work. If conflict with HVAC, plumbing or electrical equipment occurs, it will be the owner's / contractor's responsibility to resolve issues in a timely manner. Any delays from these may require a change order for additional install time.

4. Engineered stamped drawings for all hanging points, seismic engineering/components and/or ATI provided equipment.

5. Permits, licenses, special insurance requirements, bonds (when applicable), regulatory costs, or any other special fees unknown at this time.

6. Concrete work including slabs, footings, and walls, floor trenching and wall notching (if applicable).

7. Structural work of any kind, including structural supports, canopies, etc.

8. Engineering of ceiling or roof structures, trusses, beams cross-members, columns or pillars to accommodate baffle, trap, target systems, lighting and HVAC equipment weight loads.

Weights and load points will be provided in ATI drawings for utilization by the general contractor, engineer or architect.

9. Drop ceiling behind the safety ceiling at the firing line or other light fixtures in this area.

10. Temporary lighting and power (including 3 phase, if necessary).

11. Supplying of electrical services, electrical outlets, conduit(s), junction boxes, disconnects, stub-outs and lighting of any kind.

12. 120-volt power to the control panel, control conduits, and dedicated analog phone line to DDC panel, labor to assist ATI's control technician with pulling in all necessary low voltage cable (all control conduits are required to have pull strings installed prior to arrival of ATI's start-up technician), labor and hardware to install DDC control panels in the building and on the roof, dedicated 120-volt circuit to the control pipe and wire for the evaporative cooler section fill and drain valves.

13. Power and disconnect switches to all equipment per local code and manufacturer’s requirements on the equipment, VFDs for the electrical contractor to mount and wire (ATI will only supply low voltage wire connections).

14. Range lighting controls and wiring. (unless specifically called out in quote)

15. Gas, water, and drain piping to the ventilation equipment set by ATI;

16. Cutting, coring, sealing and/or patching of any wall surfaces, roof surfaces, and or concrete (if applicable).

17. Additional fees related to “customization” of product or work otherwise identified as “custom”.

18. Action Target MUST have temporary internet access at the facility to program HVAC controls. HVAC maintenance personnel must be present for commissioning to learn troubleshooting for post sign-off.

19. Any other work, materials or equipment that is not expressly included in the ATI Work.

20. Disposal of construction waste.

21. Wash area and restroom facilities.

ACTION TARGET

RESPONSIBILITIES

1. Consultation and recommendation of optimal range design.

2. Design of ranges for complete ballistic containment.

3. Procurement, engineering, cutting and painting of ballistic steel plate.

4. Manufacture of targets and control systems.

5. Provision of sound attenuation material as called out on ATI drawings.

6. Design, engineering, and supply of HVAC systems provided by ATI. (if applicable to this project)

CONFIDENTIALITY

COPYRIGHT &

REPRODUCTION
This proposal is submitted by Action Target Inc. Any and all information, drawings, specifications and other design documents contained herein is the property of Action Target Inc. and shall not for any reason, whether tangible or intangible, be disclosed, duplicated, or used, in whole or in part, for any reason other than to evaluate this quote.

TERMS &

CONDITIONS
CLAUSE
This is a summary of standard Action Target Inc. Terms and Conditions. Action Target Inc. reserves the right to change, modify or add to these Terms and Conditions in the final customer contract.

TRUSTED PARTNER WARRANTY™
3-YEAR COMPREHENSIVE COVERAGE
Action Target’s 3-year Trusted Partner Warranty is peace of mind for gun ranges. It is uninterrupted training for those that serve. It is a resounding pledge from Action Target to its customer’s success as the Trusted Partner at Every Level™.

LEARN MORE
ActionTarget.com/TrustedPartnerWarranty

CORE PRODUCTS COVERED
§ Genesis™ Target Retriever
§ Pilot™ Target Retriever
§ SmartRange Axis™ Range control
§ Vortex™ Steel Trap
§ Baffles and Deflectors
§ Turning targets
§ DRM Pro™ § Auto Targets™
§ Shooting Stalls
§ Rubber Berm Trap
§ Line of Fire™
§ MATCH™
§ TAC House™
Our Promise
The comprehensive Trusted Partner Warranty covers both parts and labor due to manufacturing or product defects.

Customer Support
24/7 Support |Remote Access | Inventory | Nation-Wide Reps | 3-Year Warranty Action Target is always on call to help with warranty issues. Many items are remotely accessible, allowing us to quickly trouble shoot. We also maintain inventory to minimize service time.

FIXED TURNING TARGET STAND

FEATURES

LEARN MORE
ActionTarget.com/Fixed-Turning-Target-Stand

VERSATILE TRAINING SYSTEM
The Fixed Turning Target Stand is an ideal system for tactical training and shoot/no shoot scenarios.

This all-electric version is a quiet 360-degree target turning system, making it difficult for shooters to anticipate when the target will turn. This system may be used in the harshest conditions, including subzero temperatures. Additional options include multiple pedestal heights, on-board target lighting, and a ballistic clamp.
360° Turning
Targets can turn 90, 180, and 360 degrees in the blink of an eye.

Ballistic
Front deflector is built from 3/8” AR500 steel to protect internal components.

Rugged Clamp
The quick release clamp makes changing target backers
easy and holds them securely, even in strong wind.

On-Board Lighting
Optional lighting provides red, blue, and white strobes as well as three intensities of white.

Extreme Weather
Functional in both indoor and outdoor conditions including sub-zero temperatures.

Connected
Integrates with our range control software for advanced features and functionality.
§ 360° Turning § Extreme Weather Rated
§ Ballistic AR500 Steel Deflector § On-Board Lighting
§ Connected to Range Control § Electrical
§ Rugged Quick Release Clamp § Low Maintenance

DRM PRO

LEARN MORE
ActionTarget.com/DRM_Pro

ENHANCED TRAINING AT YOUR FINGERTIPS
The DRM Pro is a state-of-the-art running man target. Equipped with two independent target carriers, variable speeds up to 20 fps, and programmable scenarios, this system offers shooters the most realistic training available.

Fast
Targets travel at speeds up to 20 FPS
for realistic training.

Smart Device Control
The DRM Pro may be controlled on any Wi-Fi enabled
device and provides access to service logs for maintenance.

Configuration
Upright: System is mounted to a cement pad behind a knee wall or protective barrier.

Two in One
Dual runners on parallel tracks provide enhanced dynamic training.

Connected
System connects with central range control and nearly any smart device.

Powerful
Heavy-duty inductive motors and hardened pulleys are built to last in any environment.
§ Control Interface Runs on Any Smart Device § Variable Speeds Up to 20 FPS § Integrates with Range Control Software § Target Positions are Accurate Within 6" § Outdoor Rated

FEATURES

KNEE WALL

TARGET PROTECTION
The Action Target knee wall protects ground-mounted targets. They utilize a ballistic steel core capable of stopping pistol and rifle rounds. Knee walls can utilize a wood, rock-fill, or rubber fascia. Both the steel plate and fascia can be replaced as necessary.

FEATURES
Protect
Pistol or Rifle rated AR500 armor steel Knee Wall
protects the mechanisms of your target systems
Simple and Effective
Protect your target systems with a wood or rubber facade.

Z-channel
Knee walls require a level concrete pad, we use an innovative z-channel for wood-faced knee walls to prevent bowing or warping.

Seamless Integration
Our knee wall works with turning target and running man target systems for increased protective effectiveness.
§ Target Protection
§ AR500 steel rated for pistol or rifle
§ Indoor or Outdoor

LEARN MORE
ActionTarget.com/Products/Knee-Wall

FEATURES
SMARTRANGE AXIS™

ENHANCED RANGE CENTRAL CONTROL
SmartRange Axis™ is a powerful range management solution that truly puts total range control at your fingertips. The user-friendly interface gives you complete control over target systems, lane management, and range systems, maximizing range usage and user experiences.

LEARN MORE
ActionTarget.com/SmartRange
Lane Management
SmartRange Axis’ Lane Management is second to none,
offering the ability to enter shooters' names, assign unique permissions, and designate lane time limits.

Unique Permissions
User profiles are created by ranges and assigned to shooters at check-in. Each user profile carries unique permissions for program access and editing, lighting control, and equipment features. This allows ranges to tailor each session based on criteria such as range staff roles, membership level, etc.

Range System Control
SmartRange Axis offers unparalleled simplicity, control, and integration of range essentials on one easy-to-use platform. • Genesis and Pilot retrievers
• HVAC
• DRM Pro
• Fixed Turning Target System
• Fixed Lateral 360 Target System
Program Creation
Build dynamic programs and organize them by folder.

Control exposure time, edge time, and cycle count. Or
establish random parameters for a truly unpredictable and challenging training session.

Timed Drills
Set up and execute timed drills with customized target
exposure times, cycle counts, and retriever speed for
training or qualification.

Action Target Connected
SmartRange Axis uses a range server that connects with
Action Target's cloud network. This provides access to
analytics, remote troubleshooting, system improvements, and content updates for improved and streamlined business processes. As the building block for the future, Smart-Range Axis will continue to grow and serve as a central element for all range operations.
§ Multiple-lane management § Genesis and Pilot retriever management § Program management and creation § HVAC integration
§ User profiles § DRM Pro integration
§ Connected to Action Target cloud § FTTS integration
§ Language support options § FTL 360 integration

City Council Staff Report
January 13, 2026
From: Paul Loehr, Risk Management Director
Prepared by: Paul Loehr, Risk Management Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Rescinding and Replacing Resolution No. 2017-018 and the Existing Anti-Drug and Alcohol Misuse Prevention Program Policy and Procedures and Adopting a New Department of Transportation Federal Transit Administration and Federal Motor Carrier Safety Administration Drug and Alcohol Policy

2. NARRATIVE:

The City of Turlock (City) recently underwent a Federal Transit Administration (FTA) audit, which determined that the City’s Anti-Drug and Alcohol Misuse Prevention Program Policy and Procedures were outdated and deficient. Specifically, it was noted that this policy does not include several provisions required under 49 CFR 655.15. In response to the finding, the City drafted a new drug and alcohol policy that complies with all requirements under 49 CFR 655.15 by using FTA’s online policy builder tool.

The attached new Department of Transportation (DOT) FTA and Federal Motor Carrier Administration (FMCSA) Drug and Alcohol Policy is intended to replace the existing AntiDrug and Alcohol Misuse Prevention Program Policy and Procedures, which is also attached for reference. All covered City employees under FTA and FMCSA regulations, as outlined in the new policy, are required to submit to drug and alcohol tests as a condition of employment. The new policy was reviewed by the FTA representative who conducted the audit and confirmed that it is in compliance with 49 CFR 655.15. Additionally, the new policy was reviewed by applicable employee bargaining units and no issues were identified.

Based on the foregoing information, staff is recommending City Council adopt the new DOT FTA and FMCSA Drug and Alcohol Policy and rescind and replace the existing Anti-Drug and Alcohol Misuse Prevention Program Policy and Procedures and the corresponding Resolution No. 2017-018.

3. FISCAL IMPACT / BUDGET AMENDMENT:

There are no fiscal/budgetary impacts with approving the new DOT FTA and FMCSA Drug and Alcohol Policy and canceling the existing Anti-Drug and Alcohol Misuse Prevention Program Policy and Procedures.

4. ENVIRONMENTAL DETERMINATION:

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

Agenda Staff Report
1/13/2026

5. ATTACHMENTS:

1. Draft Resolution - FTA and FMCSA Drug and Alcohol Policy

2. FTA and FMCSA Drug and Alcohol Policy

3. Anti-Drug and alcohol Misue Prevention Program

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-

WHEREAS, the City of Turlock (City) recently underwent a Federal Transit Administration (FTA) audit, which determined that the City’s Anti-Drug and Alcohol Misuse Prevention Program Policy and Procedures were outdated and deficient.

Specifically, it was noted that this policy does not include several provisions required under 49 CFR 655.15;
WHEREAS, in response to the finding, the City drafted a new drug and alcohol policy that complies with all requirements under 49 CFR 655.15 by using FTA’s online policy builder tool;
WHEREAS, the new Department of Transportation (DOT) FTA and Federal Motor Carrier Administration (FMCSA) Drug and Alcohol Policy is intended to replace the existing Anti-Drug and Alcohol Misuse Prevention Program Policy and Procedures; WHEREAS, all covered City employees under FTA and FMCSA regulations, as outlined in the new policy, are required to submit to drug and alcohol tests as a condition of employment;
WHEREAS, the new policy was reviewed by the FTA representative who conducted the audit and confirmed that it is in compliance with 49 CFR 655.15.

Additionally, the new policy was reviewed by applicable employee bargaining units and no issues were identified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby rescind and replace Resolution No. 2017-018 and adopt a new DOT FTA and FMCSA Drug and Alcohol Policy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January 2026, by the following vote:
}
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}

IN THE MATTER OF RESCINDING AND
REPLACING RESOLUTION NO. 2017-018

AND THE EXISTING ANTI-DRUG AND

ALCOHOL MISUSE PREVENTION

PROGRAM POLICY AND PROCEDURES,

AND ADOPTING A NEW DEPARTMENT OF

TRANSPORTATION FEDERAL TRANSIT

ADMINISTRATION AND FEDERAL MOTOR

CARRIER SAFETY ADMINISTRATION DRUG

AND ALCOHOL POLICY
______________________________________
___

Resolution No. 2026-

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

1 CITY OF TURLOCK
Department of Transportation
Federal Transit Administration (FTA) and
Federal Motor Carrier Safety Administration
(FMCSA) Drug and Alcohol Policy
Effective as of January 13, 2026

2 Table of Contents

1. Purpose of Policy ................................................................................................................... 3

2. Covered Employees ............................................................................................................... 3

3. Prohibited Behavior ............................................................................................................... 4

4. Consequences for Violations ................................................................................................. 4

5. Circumstances for Testing ..................................................................................................... 5

6. Testing Procedures ................................................................................................................. 9

7. Test Refusals ........................................................................................................................ 10

8. FMCSA Clearinghouse ........................................................................................................ 11

9. Voluntary Self-Referral ....................................................................................................... 11

10. Prescription Drug Use (this section is optional) .................................................................. 12

11. Contact Person ..................................................................................................................... 12 Attachment A: Covered Positions ................................................................................................. 13

3 Purpose of Policy
This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 are available in the Human Relations Office and can be found on the Internet at the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance website http://www.transportation.gov/odapc.

All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations. Portions of this policy are not DOTmandated, but reflect City of Turlock’s policy. These additional provisions are identified by bold text.

In addition, DOT has published 49 CFR Part 32, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. The City of Turlock’s Alcohol and Drug Free Work Place Policy was developed to comply with the Drug-Free Workplace Act of 1988.

All City of Turlock employees are subject to the provisions of the Drug-Free Workplace Act of 1988 and the City of Turlock Alcohol and Drug Free Work Place Policy.

The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify the Director of Human Relations no later than five days after such conviction.

Covered Employees
This policy applies to every person whose position requires the possession of a commercial driver’s license (CDL); every employee performing a “safety-sensitive function” as defined below, and any person applying for such positions.

Under FTA (Part 655), you are a covered employee if you perform any of the following safetysensitive functions:
 Operating a revenue service vehicle, in or out of revenue service.  Operating a non-revenue vehicle requiring a commercial driver’s license.  Controlling movement or dispatch of a revenue service vehicle.  Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service.
 Carrying a firearm for security purposes.

Under FMCSA (Part 382), you are a covered employee if you perform any of the following safety-sensitive functions:
 Driving a commercial motor vehicle which requires the driver to have a CDL.

4  Waiting to be dispatched to operate a commercial motor vehicle.  Inspecting, servicing, or conditioning any commercial motor vehicle.  Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth).
 Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloading, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded.
 Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

See Attachment A for a list of covered positions by classification title.

Prohibited Behavior
Use of illegal drugs is prohibited at all times. Prohibited drugs include:
 marijuana
 cocaine
 phencyclidine (PCP)
 opioids
 amphetamines
All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety-sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance.

All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.

All covered employees required to take a post-accident test are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test, whichever occurs first.

Consequences for Violations
a. FTA Consequences
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and provided with contact information for Substance Abuse Professionals (SAPs).

5 Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of the employee’s next regularly scheduled duty period (but for not less than eight hours) unless a retest results in the employee’s alcohol concentration being less than 0.02.
b. FMCSA Consequences
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and provided with contact information for Substance Abuse Professionals (SAPs).

Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of the employee’s next regularly scheduled duty period, but for not less than 24 hours following administration of the test. c. Treatment/Discipline
Per City of Turlock policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test is subject to disciplinary action, up to and including termination, pursuant to and in accordance with applicable collective bargaining unit agreements, the City of Turlock Alcohol & Drug Free Work Place Policy, and the City of Turlock Personnel System Rules and Regulations.

An employee undergoing rehabilitation services will be placed on paid administrative leave while receiving treatment, but will be responsible for any out-of-pocket expenses related to rehabilitation services.

Circumstances for Testing
a. Pre-Employment Testing
Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer. All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40.

A negative pre-employment drug test result is required before an employee can first perform safety-sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions. An alcohol test result of less than 0.02 is required before an employee can first perform safety-sensitive functions. If a pre-employment alcohol test is cancelled, the individual will be required to undergo another test with a result of less than 0.02 before performing safety-sensitive functions.

If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days, and has not been in the random testing pool during that time, the

6 employee must take and pass a pre-employment test before he or she can return to a safetysensitive function.

A covered employee or applicant who has previously failed or refused a DOT drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.

FMCSA Drug Testing Exceptions:

A driver is not required to undergo a pre-employment test if:
(1) The driver has participated in a DOT testing program within the previous 30 days; and
(2) While participating in that program, either:
(i) Was drug tested within the past six months (from the date of application with the City of Turlock, or
(ii) Participated in the random drug testing program for the previous 12 months (from the date of application with the City of Turlock); and (3) The City of Turlock can ensure that no prior employer of the driver of whom the City of Turlock has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months b. Reasonable Suspicion Testing
All covered employees shall be subject to a drug and/or alcohol test when the City of Turlock has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee.

Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. c. Post-Accident Testing
FTA Procedures:

Covered employees shall be subject to FTA post-accident drug and alcohol testing under the following circumstances:

Fatal Accidents
As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public

7 transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City of Turlock using the best information available at the time of the decision, will be tested.

Non-fatal Accidents
As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:
(1) The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
(2) One or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City of Turlock using the best information available at the time of the decision, will be tested.

A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.

FMCSA Procedures:

Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under the following circumstances:

Fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety-sensitive functions with respect to the vehicle.

Non-fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:

8 (1) The accident results in injuries requiring immediate medical treatment away from the scene; or
(2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.

As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
(1) The accident results in injuries requiring immediate medical treatment away from the scene; or
(2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.

A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
d. Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.

Testing rates will meet or exceed the minimum annual percentage rate set each year within each DOT agency. The current year testing rates can be viewed online at http://www.transportation.gov/odapc/random-testing-rates. If a given driver is subject to random testing under the rules of more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual percentage rate established by the DOT agency regulating more than 50% of the driver’s function.

The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.

A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.

9 Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site. e. Return to Duty Testing
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP-required program of education and/or treatment, and provide a negative return-to-duty drug test result and/or an alcohol test result of less than

0.02. Any return-to-duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.
f. Follow-up Testing
Employees returning to safety-sensitive duty following a return-to-duty test will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP.

A covered employee may only be subject to follow-up alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be subject to follow-up drug testing anytime while on duty. All follow-up drug tests will be directly observed. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.

Testing Procedures
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.

Dilute Urine Specimen:

If there is a negative dilute test result, the City of Turlock requires the employee to immediately provide another specimen for all required testing under this policy. If the employee declines to take another test, it will be considered a refusal to test and is equivalent to a positive test. If a second test is administered, and the result of the test is also negative and dilute, the City of Turlock will accept the second test result as negative and will be the test of record.

Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67).

10 Split Specimen Test:

In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. The City of Turlock guarantees that the split specimen test will be conducted in a timely fashion and the City of Turlock will pay for the Split Specimen Test.

Test Refusals
As a covered employee, you have refused to test if you:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City of Turlock.
(2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a preemployment test has not refused to test. (3) Fail to provide a specimen for a drug or alcohol test. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. (4) In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen. (5) Fail to provide a sufficient specimen for a drug or alcohol test without a valid medical explanation.
(6) Fail or decline to take a second drug test as directed by the collector or City of Turlock.
(7) Fail to undergo a medical evaluation as required by the MRO or City of Turlock’s Designated Employer Representative (DER) (Human Relations Director). (8) Fail to cooperate with any part of the testing process. (9) Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed urine drug test.
(10) Possess or wear a prosthetic or other device used to tamper with the collection process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO. (12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). (13) Fail to remain readily available following an accident.

As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.

As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safetysensitive functions, and provided with contact information for SAPs.

11 FMCSA Clearinghouse
The Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) is a database containing information regarding drivers who are subject to FMCSA drug and alcohol testing regulations. The following personal information will be reported to the Clearinghouse for covered drivers:
(1) A verified positive, adulterated, or substituted drug test result; (2) An alcohol confirmation test with a concentration of 0.04 or higher; (3) A refusal to submit to DOT test;
(4) An employer's report of actual knowledge that a driver has:
a. used alcohol while performing safety-sensitive functions; b. used alcohol within four hours of performing a safety-sensitive function; c. used alcohol for eight hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test; or d. used a controlled substance;
(5) A substance abuse professional (SAP) report of the successful completion of the return-to-duty process;
(6) A negative return-to-duty test; and
(7) An employer's report of completion of follow-up testing.

Voluntary Self-Referral
FTA Procedures:

Any employee who has a drug and/or alcohol abuse problem and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to their supervisor or Human Relations Department,who will refer the individual to a substance abuse counselor for evaluation and treatment.

The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.

Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program.

FMCSA Procedures:

Any covered employee who has a drug and/or alcohol abuse problem and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the Human Relations Department, who will refer the individual to a substance abuse counselor for evaluation and treatment.

12 The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.

Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function until successful completion of a prescribed rehabilitation program. Prior to participating in a safety-sensitive function, the employee must also undergo a DOT return-to-duty drug test with a verified negative result and/or a return-toduty alcohol test with a result indicating an alcohol concentration of less than 0.02.

Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the employee’s immediate supervisor or Human Relations Department.

Medical advice should be sought, as appropriate, while taking such medication and before performing safety-sensitive duties.

Contact Person
For questions about the City of Turlock’s anti-drug and alcohol misuse program, contact Jessie Dhami, Human Relations Director.

13 Attachment A: City of Turlock Covered Classifications Classifications under FTA Procedures:
 Fleet Maintenance Manager
 Fleet Maintenance Supervisor
 Fleet Maintenance Mechanic, Sr.
 Fleet Maintenance Mechanic, II
 Fleet Maintenance Mechanic, I
Classifications under FMCSA Procedures:
 Utilities Supervisor
 Assistant Utilities Supervisor
 Utilities Maintenance Worker, Sr.
 Utilities Maintenance Worker II
 Utilities Maintenance Worker I
 Electrical/Mechanical Maintenance Supervisor
 Electrical/Mechanical Technician, Sr.
 Electrical/Mechanical Technician II
 Electrical/Mechanical Technician I
 Public Facilities Maintenance Supervisor
 Assistant Public Facilities Maintenance Supervisor
 Public Facilities Maintenance Worker, Sr.
 Public Facilities Maintenance Worker II
 Public Facilities Maintenance Worker I

1 ANTI-DRUG AND ALCOHOL MISUSE

PREVENTION PROGRAM

IN COMPLIANCE WITH FEDERAL HIGHWAY ADMINISTRATION (FHWA) OF

THE DEPARTMENT OF TRANSPORTATION (DOT) DRUG AND ALCOHOL

TESTING REGULATIONS FOR DRIVERS OF COMMERCIAL MOTOR

VEHICLES AND FEDERAL TRANSIT ADMINISTRATION (FTA)

REGULATIONS FOR PREVENTION OF ALCOHOL MISUSE AND
PROHIBITED DRUG USE IN TRANSIT OPERATIONS (49 CFR Part 655) POLICY
AND

PROCEDURES
AMENDED JANUARY 2017

2 CITY OF TURLOCK

DOT/FHWA (HIGHWAYS) AND FTA DRUG AND ALCOHOL TESTING PROGRAM Table of Contents

1. Covered Employee Positions/Functions ................................................................................... 5

2. Contact Person for City of Turlock: ........................................................................................... 5

3. Definitions. ................................................................................................................................ 5

4. Prohibitions and Other Related Conduct. ................................................................................. 5 A. Alcohol use or possession. ................................................................................................. 5 B. Controlled substance (drug) use or possession. ................................................................ 6 C. Test Refusals:..................................................................................................................... 6 D. Consequences of Prohibited Conduct. ............................................................................... 7

5. Tests Required. Employees subject to testing are required to be tested as follows: ............... 7 A. Pre-employment testing ...................................................................................................... 7 B. Random testing (49 CFR 382.305; 655.45) ........................................................................ 8 C. Post-accident testing .......................................................................................................... 9 D. Reasonable suspicion testing (49 CFR 382.307, 49 CFR 655.43). .................................. 11 E. Return-to-duty testing (49 CFR 382.309; 49 CFR 655.48). .............................................. 13 F. Follow-up testing (49 CFR 382.311; 49 CFR 655.47) ....................................................... 13

6. Dilute Specimen Results ............................................................................................................ 14

7. Canceled Tests ...................................................................................................................... 15

8. Supervisor Training Program .................................................................................................. 15

9. Alcohol Testing Procedures. ................................................................................................... 15

10. Substance Abuse Professional (SAP) .................................................................................... 15

11. Controlled Substance (Drug) Testing Procedures. ................................................................. 15

12. Medical Review Officer (MRO (49 CFR 382.407, 49 CFR 655) ............................................... 15

13. Testing Laboratory.................................................................................................................. 15

14. Collection Agency ................................................................................................................... 16

15. Employee Awareness Program .............................................................................................. 16

16. Employee Assistance Program (EAP) .................................................................................... 16

17. City Policy Concerning Retention of Employees Who Violate Prohibitions or Self-Identify..... 17 A. Self-Identification. ............................................................................................................. 17 B. Random testing. ............................................................................................................... 18

18. Recordkeeping ........................................................................................................................ 20

19. Confidentiality ......................................................................................................................... 20

20. Discipline Policy. .................................................................................................................. 21

21. Conformity to Law................................................................................................................... 21 (ii)

3 T A B L E O F A P P E N D I X E S

APPENDIX PAGE
I COVERED POSITIONS/CLASSIFICATIONS .......................................................21 II DEFINITIONS .........................................................................................................22

III LIST OF SUPERVISORS RECEIVING

TRAINING IN DRUG-DETECTION AND
ALCOHOL MISUSE ...............................................................................................26 IV ALCOHOL TESTING PROCEDURES ...................................................................27 V SUBSTANCE ABUSE PROFESSIONAL (SAP) ....................................................29

VI CONTROLLED SUBSTANCE (DRUG)
TESTING PROCEDURES .....................................................................................30 VII MEDICAL REVIEW OFFICER (MRO) ....................................................................33

VIII NAME AND LOCATION OF DHHS
CERTIFIED LABORATORY ...................................................................................35 IX NAME AND LOCATION OF COLLECTION AGENT .............................................32

X POST-ACCIDENT PROCEDURES AND
INSTRUCTIONS 49 CFR PART 382.303(D)
REQUIREMENT .....................................................................................................33 XI E.A.P. HOTLINE TELEPHONE NUMBER .............................................................35 XII RECORDKEEPING AND REPORTING PROCEDURES ......................................40

XIII LEVELS OF CONTROLLED SUBSTANCES (DRUGS)
CONSIDERED TO BE POSITIVE ..........................................................................44

4 CITY OF TURLOCK

ANTI-DRUG AND ALCOHOL MISUSE PREVENTION PROGRAM

IN COMPLIANCE WITH FEDERAL HIGHWAY

ADMINISTRATION (FHWA) DEPARTMENT OF

TRANSPORTATION (DOT) AND FEDERAL TRANSIT

ADMINISTRATION (FTA) DRUG AND ALCOHOL TESTING

REGULATIONS
EFFECTIVE: JANUARY 1, 1996 POLICY AND PROCEDURE AND POLICY STATEMENT (49 CFR 382, 392, 655,)
The City of Turlock (hereinafter referred to as "City" or "employer") has a strong commitment to provide a safe workplace and to establish high standards of employee health and safety. This policy supplements a citywide policy for a drugfree workplace for all employees regarding alcohol and drug use.

The purpose of the present policy is to establish procedures for administration of the Department of Transportation (DOT) anti-drug and alcohol misuse prevention program pursuant to the Federal Highway Administration (FHWA) Drug Testing Regulations as set forth in Title 49 Code of Federal Regulations (CFR) 382, , 392.4, and 392.5 for the FHWA, in addition to Procedures for Transportation Workplace Drug Testing Programs as set forth in 49 CFR Part 40, and Federal Transit Administration (FTA) Prevention Of Alcohol Misuse And Prohibited Drug Use In Transit Operations as set forth in 49 CFR Part 655.

The City has determined, if drivers operating commercial motor vehicles use alcohol or controlled substances, it creates a situation where their employment constitutes a direct threat to the property or safety of the City and citizens of Turlock. The City has further determined that the drug and alcohol testing and prevention program applies to all safety-sensitive employees (full or part-time) when performing any transit-related business. A safety-sensitive function is any duty related to the safe operation of mass transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), and maintenance of a revenue service vehicle or equipment used in revenue service.

All employees and applicants covered in this policy will be requested, under DOT/FTA policy guidelines, to test for drug and alcohol misuse. Refusing to take or failing a drug test or alcohol test for trainees in a covered position or preemployment drug and alcohol testing will prevent the person from being considered for the covered position. Any employee who refuses or fails a drug or alcohol test may not perform the duties of a covered position. (49 CFR 382.211, 49 CFR 655.46)

5 ALCOHOL AND DRUG TESTING POLICY AND PROCEDURES

1. Covered Employee Positions/Functions
(49 CFR 382.103, 49 CFR 655.4). The employees in the
classifications/positions attached to this policy as Appendix I, are subject to drug and alcohol testing as outlined herein. These are persons designated in 49 CFR 382, holding a commercial driver's license who operate commercial motor vehicles for the City in a safety-sensitive position, as defined below.

Pre-employment applicants, trainees learning the duties of covered positions, and employees temporarily performing such duties are also subject to DOT/FTA testing regulations. Covered Employees also include employees, applicants and transferees performing safety-sensitive functions in transit operations as designated in 49 CFR 655.4.

2. Contact Person for City of Turlock:

Sarah Eddy, Human Resources Manager
Phone: (209) 668-5542 ext. 1107
Email: [email protected]

3. Definitions.

Words or phrases are as defined in 49 CFR 382.107, 386.2, 390.5, 40.3, 655.4, and 40.73 and set forth in the attached Appendix II.

4. Prohibitions and Other Related Conduct.

A. Alcohol use or possession.

No driver or safety-sensitive employee performing any transitrelated business shall:

1. Report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of

0.04 or greater. (49 CFR 382.201, 49 CFR 655.46)

2. Use alcohol while performing safety-sensitive functions. (49 CFR 382.205, 49 CFR 655.32)

3. Perform safety-sensitive functions within four (4) hours after using alcohol. (49 CFR 382.207, 49 CFR 655.33)

4. Use alcohol for eight (8) hours following the accident or until undergoing required testing for alcohol consumption, whichever occurs first. (49 CFR 382.209, 49 CFR 655.34)

5. Refuse to submit to alcohol testing required under Part 382 (49 CFR 382.211) or Part 655 (49 CFR 655.49).

6 6. Perform any safety-sensitive functions including driving, until the start of that individual’s next regularly scheduled duty period but not less than 24 hours following administration of the alcohol breath test, if the individual has received a prior alcohol test and was found to have an alcohol concentration of 0.02 or greater but less than

0.04 (49 CFR 382.505; 655.35)
B. Controlled substance (drug) use or possession.

No driver or safety-sensitive employee performing any transitrelated business shall:

1. Report for duty or remain on duty requiring the performance of safety-sensitive functions when the individual uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in 49 CFR 382.107 who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle or perform safety-sensitive functions, and is approved by the MRO. Fitness for duty shall be determined by the MRO. (49 CFR 382.213(a))

2. Be on duty or operate a commercial motor vehicle when using any controlled substance pursuant to the instructions of a physician, without first informing the employer of any therapeutic drug use.

The reporting shall be accomplished by advising the MRO of the use and providing the prescription bottle to the MRO prior to reporting for duty. Fitness for duty shall be determined by the MRO. (49 CFR 382.213(a))

3. Report for duty, remain on duty, or perform any safety-sensitive function while using controlled substances. (49 CFR 382.213(b))

4. Refuse to submit to controlled substance testing required under Part 382, or Part 655, a random alcohol or controlled substances test required under Part 382.305 or 655.45, a reasonable suspicion alcohol or controlled substances test required under 382.307 or 655.43, or a follow-up alcohol or controlled substances test required under 382.311 or 655.47. Employees who refuse to submit to such tests shall not be allowed to perform or continue to perform safetysensitive functions. (49 CFR 382.211; 655.49) C. Test Refusals:

The following behaviors constitute a test refusal:

1. Failure to appear for any test (except for pre-employment) within a reasonable time, as determined by the employer;

7 2. Failure to remain at the testing site until the testing process is complete;

3. Failure to provide a urine specimen for any required drug test;

4. Failure to permit the observation or monitoring of the specimen collection when required to do so;

5. Failure to provide a sufficient amount of urine when directed and there is no adequate medical explanation for the failure;

6. Failure to take a second test when directed to do so by the employer or collector;

7. Failure to undergo a medical examination when directed to do so by the MRO or employer;

8. Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector);

9. Failure to follow the observer's instructions during an observed collection including instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process;

10. Possess or wear a prosthetic or other device that could be used to interfere with the collection process; and
Admit to the collector or MRO that you adulterated or substituted the specimen.

D. Consequences of Prohibited Conduct.

Under City policy, this prohibited conduct is grounds for removal from the covered position and possible termination, subject to the conditions in Section 14 of this policy.

5. Tests Required. Employees subject to testing are required to be tested as follows:

A. Pre-employment testing
(including reassignment or transfer-voluntary and involuntary) (49 CFR 382.301; 655.41).

1. Prior to the first time an employee performs safety-sensitive functions, the employee shall undergo testing for alcohol and for the presence of any of the following controlled substances: marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines in accordance with 49 CFR 382.301 and 655.41. No covered
employee shall be allowed to perform safety-sensitive functions unless the employee has been administered an alcohol test with a result indicating an alcohol concentration less than 0.04 and has

8 received a controlled substances test result from the MRO indicating a verified negative test result.

2. A pre-employment alcohol and drug test will be conducted when a current employee transfers from a position not covered by this policy into a position listed in this policy.

3. Applicants who are offered a position covered by this FHWA-DOTFTA mandated policy will be tested before being employed. Preemployment job applicants who test positive for alcohol or controlled substance use will not be hired. Employees transferring or reassigned into a position requiring alcohol or drug testing, and job applicants, who test positive for controlled substance use have the right to request retesting of the second split specimen at their expense. If the retest result is negative, the employee will be reimbursed the cost by the City. Employees or applicants who fail an alcohol or drug test will not be hired for the safety-sensitive position.

4. An employee who transfers from one position covered by this policy to another covered by this policy will not be required to undergo preemployment testing.

5. Employees working in a position covered by this policy on the effective date who continue to work in a covered position will not be required to undergo a pre-employment test.

B. Random testing (49 CFR 382.305; 655.45)

1. All employees covered by this policy are subject to unannounced testing based on random selection. This includes trainees and employees temporarily performing work in a covered position.

2. Each calendar year, at least twenty-five percent (25%) of covered employees shall be randomly tested for controlled substance use, and at least ten percent (10%) shall be randomly tested for alcohol misuse. All persons will be subject to be randomly picked for alcohol and drug testing at each random testing date. A person may be randomly picked more than once or not picked at all during any annual period. This rate of testing by DOT/FHWA/FTA may increase or decrease depending upon the number of industry-wide violations based upon reported data. 49 CFR 382.305(b)(c)(d), 49 CFR 655.45.

3. To assure that the selection process is random, the names of all employees covered by this DOT/FHWA/FTA policy will be placed in

9 a common pool. This random common pool may, by election of the City for convenience of testing, be comprised of individuals subject to both drug and alcohol testing if the testing occurs at the same time. This is intended to allow as few covered employees as possible off work for testing.

4. Random testing shall be spread reasonably through the calendar year.

5. The selection procedure will select sufficient additional numbers/names to be used to reach the appropriate testing level of employees during each test period. These alternate
numbers/names will be tested in order of selection only if persons selected are unavailable for testing due to vacations, medical leave, leave of absence, business travel, or other justifiable reason.

6. The employee's work load will be adjusted to reflect the time spent in complying with random testing requirements.

C. Post-accident testing
(49 CFR 382.303, 49 CFR 655.44). An "accident" under
DOT/FHWA/FTA regulations necessitating testing is defined in Appendix II of this policy.

1. As soon as practicable following an accident involving a commercial motor vehicle, each surviving driver shall be tested for alcohol and controlled substances as follows:
a. Each driver who was performing safety-sensitive functions with respect to the vehicle shall be tested, if the accident involved the loss of human life; or
b. Each driver who was performing safety-sensitive functions with respect to the vehicle shall be tested, if the driver receives a citation for a moving violation arising from the accident. (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the
scene of he accident; or
(ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or
other motor vehicle.

10 c. The City of Turlock reserves the right to test employees for alcohol and controlled substances when deemed necessary by the supervisor/manager of the department in which the
employee works.

2. Time for alcohol testing: If an alcohol test is required, the employee shall be alcohol tested within two (2) hours following the accident or otherwise the employer shall document the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the accident, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test (49 CFR 382.303(a)(2);(d)(1), 49 CFR 655(a)(2)(ii)).

3. Time for drug testing: If a drug test is required, the employee shall be tested for controlled substance use by obtaining a split urine specimen as soon as possible, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be as soon as possible. (49 CFR 382.303(b);(d)(2)).

4. All reasonable steps will be taken to obtain an alcohol test from an employee after an accident. In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and if necessary, reference will be made to the DOT/FTA alcohol testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the employer shall notify the hospital of the need for a test and wait until the treating physician determines the employee is able to understand and comply.

5. If an employee who is subject to post-accident testing is conscious, able to provide an alcohol test or urine specimen (in the opinion of a medical professional) and refuses to be tested, that employee will be subject to discipline, up to and including termination.

6. The results of a breath or blood test for the use of alcohol or a urine test for controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of DOT/FHWA/FTA Parts 382 and 655 provided such results are obtained by the employer, and conform to the applicable Federal, State, or local requirements.

7. The potentially affected employee will not be allowed to proceed alone to or from the collection site. In addition to the safety concerns for the employee, accompanying the employee also

11 assures that there is no opportunity en route to the collection site for the employee to ingest anything that could affect the test result or to acquire "clean" urine from another person.

8. An employee subject to post-accident testing must remain available, and refrain from drinking alcohol for 8 hours following an accident or until he/she submits to an alcohol test.

9. Documentation regarding the activity being performed by the employee that supports the determination to conduct post-accident testing should be prepared and signed by the supervisor requesting the test within 24 hours of the accident or before the results of the drug test are released, if possible.

10. After returning from the collection site, the employee shall not be allowed to perform safety-sensitive functions pending the results of both the alcohol breath test and the drug test.

D. Reasonable suspicion testing (49 CFR 382.307, 49 CFR 655.43).

1. The employer shall require an employee to submit to an alcohol breath test when the employer has a reasonable suspicion to believe that a driver has violated the alcohol prohibitions of 49 CFR Part 382 or 655.43.

2. Reasonable Suspicion Testing will be conducted when a trained supervisor has a reasonable suspicion that an employee is under the influence of alcohol and/or drugs. Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The observations of alcohol and/or drug use must be made by a trained supervisor during, just preceding or just after the work day. Examples of performance indicators of probable alcohol and/or drug use sufficient to lead a prudent supervisor to suspect that an employee is under the influence of alcohol and/or drugs, include, but are not limited to:
a. Mouth-alcohol smell;
b. Loss of equilibrium (unsteady standing, walking or movement); c. Slurred speech, bloodshot eyes;
d. Observation of substandard performance;
e. Unusual behavior, driving, or altercations;
f. Following a serious accident or incident in which safety precautions were violated or unusually careless acts were performed;
g. A reliable tip of alcohol and/or drug use;

12 h. Actual observation of the possession or use of alcohol and/or drugs;
i. Discovery of evidence tending to support the suspicion of alcohol use and/or drug use;
j. An employee is found in possession of alcohol and/or drugs, or alcohol and/or drugs are found in an area controlled or used exclusively by the employee, such as the employee's locker, desk, or a vehicle;
k. Absenteeism; and
l. Indications of the chronic and withdrawal effects of alcohol and/or drugs.

3. The supervisor who makes the determination of alcohol use shall not conduct the breath alcohol test.

4. The employee shall be alcohol tested within two (2) hours following the determination made by the supervisor or otherwise the employer shall document the reasons the alcohol test was not promptly administered. If a test is not administered within eight (8) hours following the determination, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test (49 CFR 302.307(e); 655.43 (d)).

5. After returning from the testing location, the employee shall not be allowed to perform covered functions unless the results of the alcohol screening and, if indicated, confirmation test (taken within 20 minutes of a screening test) indicates an alcohol concentration less than 0.02, or 24 hours has elapsed following the supervisor's determination there is reasonable suspicion to believe the employee has violated the prohibitions of use of alcohol. (49 CFR 382.307(e)(2)(i),(ii)).

6. The employer shall require an employee to submit to a drug test when the employer has a reasonable suspicion to believe that an employee has violated the controlled substances prohibitions of 49 CFR Part 382, and 49 CFR Part 655.

7. Reasonable suspicion testing will be conducted when a trained supervisor has a reasonable suspicion that an employee is under the influence of a controlled substance. Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee with examples as set forth in section 4.D.2. above.

8. The potentially affected employee will not be allowed to proceed alone to or from the collection site. In addition to the safety

13 concerns for the employee, accompanying the employee also assures that there is no opportunity en route to the collection site for the employee to ingest anything that could affect the test result or to acquire "clean" urine from another person.

9. Documentation to support the determination to conduct reasonable suspicion testing should be prepared and signed by the supervisor within 24 hours of the determination or before the results of the test are released, whichever is earlier, if possible.

10. After returning from the collection site, the employee shall not be allowed to perform safety-sensitive functions pending the results of the drug test from the MRO.

E. Return-to-duty testing (49 CFR 382.309; 49 CFR 655.48).

1. Before an employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct concerning alcohol prohibited by DOT/FHWA/FTA, the employee shall undergo a return-to-duty drug test with a result indicating an alcohol breath concentration of less than 0.02, in addition to evaluation of fitness for duty.

2. Before an employee returns to duty requiring the performance of a safety-sensitive function after engaging in controlled substance use prohibited by DOT/FHWA/FTA, the employee shall undergo a return-to-duty drug test with an MRO verified negative result for controlled substance use, in addition to evaluation of fitness for duty by the MRO.

3. This test is in addition to the other types of tests stated in this policy.

F. Follow-up testing (49 CFR 382.311; 49 CFR 655.47)

1. Following a determination by a Substance Abuse Professional (SAP) that an employee is in need of assistance in resolving problems associated with alcohol misuse, the employee shall be subject to unannounced follow-up testing as directed by the SAP of at least six tests in the first 12 months following the employee's return to duty, and thereafter as determined necessary by the SAP.

Follow-up alcohol testing shall be performed when the employee is performing safety-sensitive functions, or just before, or just after the employee has ceased performing safety-sensitive functions.

14 2. Follow-up alcohol testing may also include testing for controlled substance use to be performed in accordance with 49 CFR Part 40, as directed and determined by the MRO and/or SAP.

3. A employee having used controlled substances, who at the recommendation of the Medical Review Officer (MRO), returns to duty after successful completion of E.A.P. will be given unannounced follow-up drug tests, as scheduled by the MRO of at least six tests in the first 12 months following the employee's return to duty and thereafter as determined by the MRO.

4. The time period for "follow-up" testing for alcohol or controlled substance use will be determined by the appropriate MRO or SAP subject to a reasonable minimum of 12 months, and never to exceed 60 months.

5. Follow-up testing may be on a daily, weekly, monthly or longer basis at the discretion of the MRO or SAP.

6. Follow-up testing is in addition to the other types of tests stated in this policy.

6. Dilute Specimen Results

A. In the event of a negative dilute test result, the employer will require the employee to immediately provide another specimen for preemployment, random, post-accident, reasonable suspicion, returnto-duty and follow up tests. This will be an unobserved collection unless directed by the MRO to be collected under direct observation.

B. If the employee declines to take another test, this is considered refusal to test and is equivalent to a positive test.

C. If a second test is administered and the result of that test is also negative and dilute, the employer will accept the second test result as negative and the result of the record.

D. The collection cannot be observed, unless the MRO requests so as a result of the specimen having a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL.

E. If the result is cancelled/invalid, (with no medical explanation) the employee will need to undergo an immediate observed collection as directed by the MRO.

15 F. An MRO verified positive dilute test result will be treated as a positive drug test result.

7. Canceled Tests
If the test is cancelled, immediate recollections are required for preemployment, random, post-accident, reasonable suspicion, return-to-duty and follow up tests. Only the laboratory or the MRO can cancel a test.

8. Supervisor Training Program
(49 CFR 382.603, 49 CFR 655.14(b)(2)). Every person designated to determine whether reasonable suspicion exists to require an employee to undergo testing under 49 CFR 382.307 or 655.43 (reasonable suspicion testing) shall receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. See Appendix III for list of Supervisors of covered positions.

9. Alcohol Testing Procedures.

Alcohol testing procedures are as defined in 49 CFR Parts 382, 386, 390, 655, and 40 and set forth in the attached Appendix IV.

10. Substance Abuse Professional (SAP)
(49 CFR 382.605, 49 CFR 655.52)
A. The Substance Abuse Professional (SAP) is defined in Appendix II.

B. The name, address, and phone number of the SAP, and SAP responsibilities are listed in Appendix V.

11. Controlled Substance (Drug) Testing Procedures.

Controlled substance (drug) testing procedures are as defined in 49 CFR Parts, 382, 386, 390, 655, and 40 and as set forth in the attached Appendix VI.

12. Medical Review Officer (MRO (49 CFR 382.407, 49 CFR 655) A.The Medical Review Officer is defined in Appendix II.

B. The name, address, and phone number of the MRO, and MRO responsibilities are listed in Appendix VII.

13. Testing Laboratory
(49 CFR 40)

16 A. The DHHS certified testing laboratory for this policy is set forth in Appendix VIII.

B. The DHHS certified testing laboratory shall comply with all methods and procedures of 49 CFR Part 40.

14. Collection Agency
(49 CFR 40.31)
A. The collection agent and address for this alcohol and controlled substance (drug) policy is listed in Appendix IX.

B. The collection agency will comply with all methods and procedures of 49 CFR Part 40, as amended, for collection and chain of custody and provide documentation of compliance to the employer.

15. Employee Awareness Program
(49 CFR 382.601). Employee Education and Training - Every employee covered by this policy will receive educational materials that explain the requirements of Part 382 and the employer's policies and procedures in meeting these requirements. This will include:

A. Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem; and intervening evaluation including referral to EAP will be periodically distributed and displayed in the work areas.

B. Information will be provided as required in Part 382.303(d) by the employer to employees with necessary post-accident information, procedures and instructions, prior to the employee operating a commercial motor vehicle or engaging in safety-sensitive functions, so that employees will be able to comply with the requirements of Part 382.303 (See Appendix X).

C. A copy of this policy will be given to each covered employee and displayed in the work area.

D. Controlled substance abuse information will be periodically distributed and displayed in the work areas.

16. Employee Assistance Program (EAP)
(49 CFR 382.601)
A. The City-wide EAP program or a similar program will be maintained throughout the existence of this alcohol misuse and controlled substance abuse policy.

17 B. The hot-line telephone number for employee assistance will be given to each employee and displayed in the work area (See Appendix XI).

17. City Policy Concerning Retention of Employees Who Violate Prohibitions or Self-Identify.

All permanent City employees performing covered safety-sensitive duties shall be subject to the provisions of this section. These retention provisions shall not apply to applicants, probationary, non-career, seasonal or temporary employees, employees in a training capacity, or any other form of nonpermanent employment status employee performing safety-sensitive duties.

A. Self-Identification.

Self-identification means an employee who voluntarily, before drug or alcohol testing or conduct identifies the problem, admits the problem to the City's MRO/SAP and seeks rehabilitation
assistance.

1. An employee who takes the initiative of voluntarily advising management that he/she has an alcohol or drug problem, before taking a test which results in a violation of this policy, shall be required to enroll in a rehabilitation program. Such an employee actively involved in a rehabilitation program recognized by the MRO/SAP, may use accumulated paid leave time, except for sick leave, during this period of absence, or the employee may request authorized leave of absence without pay.

2. The employee will be eligible to return to work once he/she has been certified to do so by the MRO/SAP. Prior to returning to work, the employee must consent in writing to follow-up drug and/or alcohol testing as part of after-care treatment. This follow-up testing will be determined by the MRO/SAP, and shall be consistent with Section 4(F) Follow-up Testing.

3. Such an employee shall not be subject to disciplinary action for having voluntarily acknowledged his/her problem. He/she must, however, provide a negative alcohol and/or drug test within 60 days of self-identification, and be certified as capable of returning to work by the MRO/SAP.

4. Failure to complete a rehabilitation program, provide a negative test result and receive MRO/SAP certification for return to work (fitness for duty) will result in disciplinary action as described in section B.1.a. below.

18 B. Random testing.

Under City policy, a covered employee who tests positive for drugs and/or alcohol as a result of random testing, shall be subject to the following disciplinary action:

1. First positive random test
a. An employee who receives a positive test result to either drugs or alcohol shall be immediately suspended for 10 working days. b. The employee who has tested positive must enroll in an alcohol or drug treatment/rehabilitation program which is approved by the MRO/SAP.
c. The employee shall instruct the program provider to release any and all medical records of the treatment plan to the MRO or SAP. Such information shall be treated as confidential medical information by the MRO/SAP.
d. After the completion of the 10 working day suspension, the employee may return to work as soon as medically certified by the MRO/SAP. The employee must, however, provide a
negative test result and be certified for return to duty no later than 60 calendar days after notification of the positive random test result. Failure to be certified by the MRO/SAP or return to work shall result in termination.
e. The employee may use accumulated vacation, personal leave, overtime or leave without pay while undergoing
treatment/rehabilitation.
f. The employee may use sick leave only when participating in a medically supervised/approved residential rehabilitation program.
g. Upon return to work, this employee shall be subject to a minimum of 6 unannounced tests during the following 12 month period. Furthermore, the employee is subject to unannounced testing for up to 60 months upon return to work. Such testing shall be as determined by the MRO/SAP.
h. An employee who previously tested positive for drugs and/or alcohol, but who has not tested positive during the preceding five (5) years, shall not have the first positive test considered for the purposes of progressive discipline under this policy.

19 i. Any employee who is given an alcohol confirmation test according to 49 CFR 40 Subpart M by the BAT and the breath alcohol concentration level is 0.02 or greater, but less than 0.04, shall be requested to take leave without pay, or use vacation or personal leave but not sick leave time, until the employee's next regularly scheduled duty period, but less than 24 hours following administration of the test. Any employee who is given an alcohol confirmation test by the BAT and the breath alcohol concentration level is 0.02 or greater, but less than 0.04, on the second time shall be suspended without pay for three regularly scheduled work days. The employee shall be referred to the SAP for evaluation and assessment of fitness for duty.
j. Any employee who has a breath alcohol concentration level that is 0.02 or greater, but less than 0.04, on the third time within a five (5) year period is subject to further disciplinary action. This disciplinary action may be up to and including termination based upon a review of the employee's work history.

2. Second positive random test. Under City policy, and subject to Section 1.h. above, covered employees who fail a drug and/or alcohol test, after a previous test will be terminated whether the second test results from a random test or follow-up test.

3. Refusal to submit to tests for drugs and/or alcohol. a. An employee is required to provide a specimen within two hours from the time requested to do so by the MRO. If the employee attempts and fails to provide an adequate amount of breath, the City shall proceed according to CFR 40.265 which requires evaluation by an approved physician with a written statement of the determination concerning the employee's failure to provide an adequate breath sample. An employee who refuses to
submit to a random test shall be suspended for 30 calendar days without pay. Such an employee may be returned to work only upon certification by the MRO of fitness for duty and must test negative on a return-to-duty test.
b. An employee who refuses to submit to an alcohol and/or drug test a second time or who subsequently tests positive on a drug or alcohol test, shall be terminated.
c. If an employee refuses to submit to an alcohol and/or drug test citing medical conditions, such conditions require evaluation by

20 the MRO/SAP. Alternative testing methods may be used by the MRO/SAP to determine the employee's fitness for duty.

C. Other violations of policy. Under City policy, covered employees shall be subject to other such disciplinary action as is warranted for violations of rules, regulations, policies and procedures.

18. Recordkeeping
(49 CFR Parts 40, 655 and 382). Records will be maintained in accordance with the requirements of 49 CFR Part 40, Part 655 and Part 382 et al. set forth in Appendix XII.

19. Confidentiality
(Pursuant to 49 CFR Parts 382, 655 and 40)
A. Each individual's record of testing and results under this policy will be maintained private and confidential. With the exception of the testing laboratory, MRO, employee, designated departmental manager, DOT/FTA or upon request of FHWA or State agency officials as part of an accident investigation, the results of individual drug tests will not be released to anyone without the express written authorization of the individual tested. Prior to testing, the individual will be informed about who will receive test data (e.g., testing laboratory, MRO, departmental manager).

B. All written records will be stored in locked containers or in a secure location with access available only by the individuals listed above or as otherwise necessary or required by law for the implementation of the DOT/FTA program.

C. Unless an employee gives his or her written consent, the employee's drug testing and/or E.A.P. records will not be released to a subsequent employer.

D. An employer may disclose information required to be maintained under Part 382 pertaining to an employee, the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of an alcohol and/or controlled substance test administered under this Part, or from the employer's determination that the employee engaged in conduct prohibited by Part 382 (including but not limited to a worker's compensation, unemployment compensation, or other proceeding related to a benefit sought by the employee) as set forth in 49 CFR 382.405(g).

E. An employee subject to DOT/FHWA/FTA testing may obtain copies of any employer records pertaining to the employee's use of alcohol or

21 drugs and test results upon written request to the employer. 49 CFR 382.405(b).

20. Discipline Policy.

Under City policy, consistent with an alcohol-free and drug-free workplace, every effort will be made to help the employee deal with an alcohol or drug problem. However, if this effort fails or is obviously inappropriate given the employee's conduct, the nature of the drug and/or alcohol use, and/or the employee's position, then appropriate disciplinary action will be instituted.

The employee covered by this policy who refuses or fails an alcohol or drug test and then refuses assistance or fails to satisfactorily complete the E.A.P. may be disciplined up to and including termination.

21. Conformity to Law.

In the event this policy is in violation of any applicable law or administrative regulation, the City will make such changes as are necessary to conform this policy to such law or administrative regulation.

22 APPENDIX I

COVERED POSITIONS/CLASSIFICATIONS
DOT/FHWA/FTA (Highways and Transit Operations)
The following employee classifications/positions are subject to testing if the employee holds a commercial driver's license and operate commercial motor vehicles (as defined in Appendix II) in a safety-sensitive position, or works in a safety-sensitive function in transit operations. Additional positions may be subject to testing if the employee has a commercial driver's license and operates a commercial motor vehicle in safety-sensitive duties.

CLASSIFICATION TITLES
Utilities Division
Utilities Supervisor
Assistant Utilities Supervisor
Utilities Maintenance Worker, Sr.

Utilities Maintenance Worker II
Utilities Maintenance Worker I
Electrical/Mechanical Maintenance Supervisor
Electrical/Mechanical Technician, Sr.

Electrical/Mechanical Technician II
Electrical/Mechanical Technician I
Fleet Maintenance Supervisor
Fleet Maintenance Mechanic, Sr.

Fleet Maintenance Mechanic, II
Fleet Maintenance Mechanic, I
Public Facilities Maintenance Services Division
Public Facilities Maintenance Supervisor
Assistant Public Facilities Maintenance Supervisor
Public Facilities Maintenance Worker, Sr.

Public Facilities Maintenance Worker II
Public Facilities Maintenance Worker I

23 APPENDIX II

DEFINITIONS
Accident A vehicle accident under 49 CFR Part 382 involving either (1) a loss of human life, or (2) the employee receives a citation for a moving violation arising from the accident. Also, an accident as defined in 49 CFR Part 655.

Air blank A reading by an EBT of ambient air containing no alcohol.

Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol. Alcohol (CH3), Ethyl alcohol (CH2OH), ETOH (C2H5OH)
Alcohol concentration The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under Part 382 and Part 40.

Alcohol use Alcohol use in DOT/FTA rules means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

Blind sample A urine specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs.

Breath Alcohol Technician (BAT) An individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

Chain of custody Procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen at the DHHS certified laboratory.

Collection site A designated clinic/facility where applicants or employees may present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs.

Commercial motor vehicle A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (2) has a gross vehicle weight rating of 26,001 or more pounds; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR 172).

24 Confirmation test (alcohol) A second alcohol test that follows a screening test by BAT with EBT after 15 minute deprivation period. The confirmation test controls over the screening test (if different result). Results of alcohol concentration less than 0.02 are reported as negative. Result 0.02-0.039 require employee be removed from the safety-sensitive function (but no DOT violation) for 24 hours.

Result 0.04 or more is a violation of the DOT/FTA rules and requires removal until further evaluation by SAP.

Confirmation test (controlled substance) A second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GS/MC) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine (PCP).

Covered employee Any person who performs functions classified by DOT/FTA as "safety- sensitive" functions and intended to be included and regulated by DOT/FTA-mandated drug and alcohol testing. This includes an applicant for employment in the covered classifications.

Controlled substance (commonly referred to as "drugs") Includes the following five prohibited drugs: Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines. See also the definition of drug test.

Deprivation period The period of time after a screening test for alcohol which indicates a breath alcohol concentration of 0.02 or greater. The waiting period cannot be less than 15 minutes but must be within 20 minutes from the completion of the screening test.

DHHS U.S. Department of Health & Human Services (federal).

Drug Program Manager (DPM) The employer-designated individual responsible for the preparation of a drug testing anti-drug plan which complies with DOT/FTA regulations and requirements. The DPM provides oversight and evaluation of the plan; reviews all discipline applied under the plan for consistency and conformance to employer policies and procedures; schedules random drug testing and return-toduty testing; and maintains locked files on drug testing results.

Drug test (also referred to as controlled substance test) Refers to the DOT/FTAmandated testing for certain controlled substances by a DHHS certified laboratory of employee urine samples for five prohibited drugs as follows: Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines.

EAP Abbreviation for "Employee Assistance Program." DOT/FTA requires each employer to have an EAP program to provide education and training on substance

25 abuse to all employees including informational material, a community service hotline telephone number, and distribution of employer's policy regarding the use of prohibited drugs and alcohol to all new employees.

Employee Any person who operates a commercial motor vehicle including full or part-time employees, leased drivers and independent owner-operator contractors who operate a commercial motor vehicle at the direction of the City, and employees engaged in safety-sensitive functions in transit operations. For pre-employment/preduty testing, the term employee includes a person applying for employment which would require the applicant to drive a commercial motor vehicle or engage in a safety-sensitive function in transit operations.

Evidential Breath Testing (EBT) device The equipment required by DOT/FTA for alcohol testing and approved by the National Highway Traffic Safety Administration (NHTSA) and listed on their Conforming Products List. EBT must be capable of printing out the results, date and time, a sequential test number, and the name and serial number of the EBT, to ensure the reliability of the results and one which NHTSA has approved a quality assurance program submitted by the device manufacturer.

Management Information System (MIS) Employer must maintain a record keeping and reporting system to include the number of covered and tested employees for both DOT/FTA-mandated drug and alcohol testing, the number of alcohol screening and confirmation tests, the number of drug tests, the number of denied positions in pre-employment testing (for drug), and the number of return-to-duty tests.

Medical Review Officer (MRO) The MRO is a licensed physician with knowledge of drug abuse disorders. MRO reviews all negative and positive drug test results and interviews individuals tested positive to verify the laboratory report before the employer is notified. MRO recommends whether and when an employee who refused to take or did not pass a drug test may return to work and schedule followup unannounced drug testing for a period of up to 60 months.

Performing a safety-sensitive function The employee is considered to be performing a safety-sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform as a driver of a commercial motor vehicle, or who performs or will perform a safety-sensitive function for transit operations.

Positive alcohol test The confirmation test performed by the BAT with EBT recorded result of 0.04 or more which is a violation of the DOT/FTA rules and requires removal from the covered position until further evaluation by an SAP.

Positive drug test To have the presence of a drug or a drug metabolite in an employee's system as determined by appropriate testing of a urine specimen that is

26 equal to or greater than the levels allowed by DOT/FTA in the confirmation test, and which is determined by the MRO to be the result of the use of illegal drugs. An employee whose drug test is positive cannot perform in a covered position until MRO retests and treatment and/or EAP.

Quality Assurance Plan (QAP) Plan for EBT developed by the manufacturer and approved by NHTSA. Key elements of the Plan include: methods for external calibration checks, minimum intervals for calibration checks, tolerances for calibration checks, inspection, maintenance and calibration reports. Employer must maintain records of compliance with QAP including calibration checks.

Random sample DOT/FTA drug and alcohol testing of covered employees performed on an unannounced and random selection basis. The random tests are spread reasonably over a 12-calendar month period to test at least 10% of all covered employees for alcohol, and 25% of covered employees for drugs.

Refusal to submit (to alcohol or drug test) The persons (1) fails to provide adequate breath for testing without a valid medical explanation after he/she has received notice of the requirement for breath testing,(2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing, or (3) engages in conduct that clearly obstructs the testing process.

Safety-sensitive position (function) An employee who drives, is ready to drive, or available to drive commercial motor vehicles for the employer is considered to be performing a safety-sensitive function according to DOT-FHWA/FTA regulations.

Also, a safety-sensitive function includes any duty related to the safe operation of mass transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), and maintenance of a revenue service vehicle or equipment used in revenue service.

Screening test (or initial test) In drug testing, an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in his/her system.

Substance Abuse Professional (SAP) A licensed physician, social worker, psychologist, EAP or certified NAADAC (National Association of Alcohol and Drug Abuse Counselors) addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

27 APPENDIX III

LIST OF SUPERVISORS RECEIVING TRAINING IN

DRUG-DETECTION AND ALCOHOL MISUSE
The following list of supervisors presently supervise employees in covered positions listed in Appendix I for DOT/FTA/FHWA safety-sensitive functions. This list is subject to amendment without notice. To obtain a current list, contact the City's Personnel Office.

Felix Romero, Utilities Supervisor
Jose Cantu, Fleet Maintenance Supervisor
Rob Winters, Electrical/Mechanical Maintenance Supervisor Mike Murphy, Assistant Public Facilities Maintenance Supervisor Keith Humphres, Assistant Public Facilities Maintenance Supervisor Ray Garcia, Public Facilities Maintenance Supervisor
Larry Gilley, Utilities Manager
Allison Van Guilder, Parks, Recreation & Public Facilities Director Erik Schulze, Parks, Recreation & Public Facilities Manager Michael Cooke, Municipal Services Director

28 APPENDIX IV

ALCOHOL TESTING PROCEDURES
Alcohol testing procedures are as defined in 49 CFR Parts 382, 386, 390, 655, and 40, and are outlined below:

A. For alcohol testing, the employer shall use only EBTs which meet the requirements of 49 CFR 40.231.

B. An EBT shall have a Quality Assurance Plan (QAP) developed by the manufacturer which designates the methods to be used to perform external calibration checks using devices on the NHTSA "Conforming Products List of Calibrating Units for Breath Alcohol Tests" and other requirements set forth in 49 CFR 40.233.

C. Alcohol testing will be performed on breath only unless otherwise required by DOT/FTA under amended regulations.

D. Alcohol testing shall be conducted in a location that affords visual and aural privacy to the individual being tested sufficient to prevent unauthorized persons from seeing or hearing test results. (49 CFR 40.221) E. Alcohol testing may be conducted in a mobile connection facility as permitted in 49 CFR 40.221(f).

F. The employer shall use the breath alcohol testing form prescribed by DOT form and log book requirements in Part 40, and the BAT shall follow all procedures required in Part 40.

G. Prior to testing, the BAT will require the employee to provide positive identification (such as a photo ID or ID by an employer representative).

H. A screening test (initial test) shall be performed by the BAT, with printed results which the BAT will show to the employee.

1. In any case in which the breath alcohol concentration is less than 0.02, the BAT shall date and sign the form and the employee shall sign the certification and fill in the date on the form. No further testing is required and the BAT shall transmit the result of less than 0.02 to the employer in a confidential manner.

2. If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test shall be performed (49 CFR 40 Subpart L.

29 I. A confirmation test is performed according to 49 CFR 40 Subpart M, by the BAT after a 15 minute deprivation period (but not more than 20 minute after the screening test) while under BAT supervision at all times. The result of the confirmation test controls and overrules the screening test (if a different result). Results are recorded on required forms and reported to the employer by the EBT.

1. Results of breath alcohol concentration less than 0.02 are reported as negative.

2. Results of breath alcohol concentration of 0.02 or greater but less than

0.04 will prevent the employee from performing or continuing to perform safety-sensitive functions until: (a) the start of the employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test (49 CFR 382.505, 49 CFR 655.35). Return to work is subject to the requirements of Sections 3(a)(6) and 14(b) of this City policy.

3. Results of alcohol concentration of 0.04 or more is a violation of the DOT/FHWA/FTA rules and requires removal from the safety-sensitive functions until further evaluation by a SAP and retesting.

J. Refusal to complete and sign the breath alcohol testing form, to provide breath, to provide an adequate amount of breath, or otherwise to cooperate with the testing process to prevent the completion of the test shall be noted by the BAT and communicated to the employer.

K. Inability to provide adequate amount of breath because of a medical condition shall be immediately reported to the employer and require evaluation by a licensed physician acceptable to the employer according to Part 40.265.

L. If a consent or release form is required by collection site, other than the employer's site, and the employee refuses to sign the form, thereby resulting in no test being taken, the refusal to sign the consent or release form for the collection site shall be considered a refusal to test.

30 APPENDIX V

SUBSTANCE ABUSE PROFESSIONAL (SAP)
A. Substance Abuse Professional (SAP) is defined in 49 CFR 382.605, 49 CFR 655.52. See definitions in Appendix II.

B. The SAP is a licensed physician, social worker, psychologist, EAP or certified NAADAC (National Association of Alcohol and Drug Abuse Counselors) addiction counselor with knowledge of and clinical experience in diagnosis and treatment of alcohol and controlled substances-related disorders. The name and address of the SAP is as follows:

Harold S. Draper LCSW
Licensed Clinical Social Worker
1015 12th Street Ste. #5
Modesto, CA 95354
(209) 345-8966
C. SAP functions include the following:

1. Conduct evaluation of employee who has engaged in prohibited conduct

2. Determine if employee needs assistance in resolving problems associated with alcohol misuse or controlled substance use

3. Refer employee for treatment/rehabilitation as appropriate

4. Conduct return-to-duty evaluation to determine if employee has complied with any recommendations for treatment/rehabilitation

5. May establish follow-up testing regime

6. May recommend drug testing for those employees who have polysubstance abuse problems

7. Reject test results that do not comply with the Mandatory Guidelines

8. Maintain the required records to administer this program

9. SAP cannot conduct treatment or refer to affiliated facility except if assessment and treatment through public agency, or person for treatment is provided through the health care program or the SAP is the only person available.

31 APPENDIX VI

CONTROLLED SUBSTANCE (DRUG) TESTING PROCEDURES
Controlled substance (drug) testing procedures are as defined in 49 CFR Parts 382, 386, 390, 655, and 40 and as set forth in summary below:

A. Applicants and employees required to participate in the controlled substance (drug) testing program will be notified that a drug test is necessary and the basis upon which the testing is performed (e.g., random, post-accident, return-to-duty, etc.).

B. Drug testing will be performed utilizing split specimen urine samples. Split specimen requires collection of urine in a single container (minimum 45 ml) which is subdivided into two containers (30 ml primary; 15 ml secondary), labeled, sealed, and shipped in a single shipping container to the lab.

C. Each urine specimen shall be tested for evidence of the following controlled substances: marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. (49 CFR 40, 49 CFR 382.107, 49 CFR 655.21) D. An applicant who is offered a position covered by this policy will be required to report to the alcohol and drug testing collection site specified in Appendix IX of this policy and provide both an alcohol breath test and a urine specimen.

E. Upon notification that a drug test is required, an employee will report as soon as possible after notification to the drug collection site and provide a urine specimen.

F. The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, as amended.

G. Retention of urine specimens and retesting shall be in accordance with 49 CFR 40, 655, and 382.

1. The laboratory shall retain samples that yield confirmed positive results for one year in secured frozen storage. The laboratory may be requested to retain the sample for an additional reasonable period; however, if no request is received during the one year period, the sample will be discarded at the end of one year.

2. If the MRO determines there is no legitimate medical reason for a confirmed positive test result other than the unauthorized use of a

32 prohibited drug, the MRO shall advise the employee of the positive test result. The determination of a positive test level is set out in Appendix XIII herein. The employee may request retesting, which will require the employee to submit a written request to the MRO for a GC/MS retest of the secondary urine specimen within 72 hours after notification of the positive test result from the MRO receipt of final test results from the MRO. Retesting will be performed at a different DHHS certified lab that is certified by the U.S. Department of Health and Human Services (DHHS) which shall be selected by the employee's collective bargaining agent and be inspected and approved by City's MRO (see Appendix VIII for laboratory name and collection location). The cost of shipment (if any) and reanalysis of the specimen must be paid in advance by the employee and will be reimbursed if the retest is negative.

3. If the employee specifies retesting by a second laboratory, the original laboratory must follow approved chain-of-custody procedures in transferring the split specimen.

4. If the MRO is unable to contact the employee, the employer shall request the employee contact the MRO prior to dispatching the employee or within 24 hours, whichever is earlier.

H. Intentional acts of the applicant or employee to contaminate or invalidate the urine specimen will be deemed a failed test result. If a consent or release form is required by collection site, other than the employer's site, and the employee refuses to sign the form, thereby resulting in no test being taken, the refusal to sign the form for the collection site is considered a refusal to test.

I. A positive test for controlled substances (drugs) means to have the presence of a drug or a drug metabolite in an employee's system as determined by appropriate testing of a bodily specimen that is equal to or greater than the levels specified in the appendix for the confirmation test and is validated by the MRO as being positive (see Appendix V). An employee whose drug test is positive will be considered in violation of this policy.

J. Blind Performance Test Procedures:

1. General:
a. The employer shall use blind testing quality control procedures as provided below.
b. The employer shall submit three blind performance test specimens for each 100 employee specimens submitted, up to a maximum of 100 blind performance test specimens submitted per quarter. DOT

33 may increase this per quarter maximum number of samples if doing so is necessary to ensure adequate quality control of employers or consortiums with very large numbers of employees.

2. Covered Employees: For employers with 2,000 or more covered employees, approximately 80 percent of the blind performance test samples shall be blank (i.e., containing no drugs or otherwise as approved by DOT/FTA) and the remaining samples shall be positive for one or more drugs per sample in a distribution such that all the drugs to be tested are included in approximately equal frequencies of challenge.

The positive samples shall be spiked only with those drugs for which the employer is testing. This paragraph shall not be construed to prohibit spiking of other (potentially interfering) compounds, as technically appropriate, in order to verify the specificity of a particular assay.

3. Employers with fewer than 2,000 covered employees may submit blind performance test specimens as provided in the above paragraph. The employer may also submit only blank samples or may submit two separately labeled portions of a specimen from the same non-covered employee.

34 APPENDIX VII

MEDICAL REVIEW OFFICER (MRO)
A. Medical Review Officer (MRO) is defined in 49 CFR 40.121. The MRO is a licensed physician with knowledge of substance abuse disorders. See also Appendix II definition.

B. Medical Review Officer information:

Stephen J. Kracht, D.O.

Certificate # 0807863
8140 Ward Pkwy Suite 275
Kansas City, MO 64114
Phone 800-881-0722 Fax 913-469-4029
C. The following is a partial listing of the MRO's specific responsibilities as defined in 49 CFR 40.123. Additional details of responsibilities may be found in the DHHS Medical Review Officer Manual.

1. Receive positive confirmed drug test results from laboratory.

2. Request, if needed, a quantitative description of drug test results.

3. Receive a certified copy of the original chain of custody.

4. Review and interpret positive drug test results according to the DOT/FTAmandated standard set forth in Appendix XIII.

5. Inform the tested individual and provide drug test results.

6. Conduct a medical interview with the tested individual.

7. Review the individual's medical history, or any other relevant biomedical factors.

8. Give the individual an opportunity to discuss test results, and advise the individual that the original split urine specimen sample may be retested at a different DHHS certified laboratory upon the written request of the employee, if the written request is made within 72 hours from notification of the positive drug test result.

9. Order a reanalysis of the split urine specimen in a different DHHS certified laboratory, if necessary.

35 10. Consult with others if question of accuracy arises, consistent with confidentiality requirements.

11. Consult with laboratory officials.

12. Reject urinalysis results that do not comply with the Mandatory Guidelines.

13. Confirm an opiate-positive urine by "clinical evidence"; except for GC/MS confirmation of 6-monoacetylmorphine. (49 CFR 40.139)

14. Determine whether a result is scientifically sufficient.

15. Determine whether a result is consistent with legal drug use.

16. Forward results of verified positive tests to the employer.

17. Maintain the required records to administer this program.

36 APPENDIX VIII

NAME AND LOCATION OF DHHS CERTIFIED LABORATORY
The testing laboratory for this policy for primary testing will be a laboratory certified by DHHS and approved by the MRO. The name and location of the testing laboratory is as follows:

Alere Toxicology
111 Newton Street
Gretna LA 70053
Phone: 504.361.8989
Fax: 504.361.8298
Email: [email protected]
Retesting of the split sample will be performed by a different laboratory certified by DHHS and approved by the MRO. The name and location of the laboratory is as follows:

Quest Diagnostics
Corporate Headquarters
1290 Wall Street, West
Lyndhurst, NJ 07071
(800) 877-7484
Laboratory Procedures: The DHHS certified laboratories shall comply with all methods and procedures of 49 CFR Part 40, as amended, and will provide annual proof of certification and compliance to the City Occupational Health Services, MRO, and the employer.

37 APPENDIX IX

NAME AND LOCATION OF COLLECTION AGENT
Collection Agent:

Romeo Medical Work Wellness
Attn: Courtney Taylor
1801 Colorado Ave. Suite 130
Turlock, CA 95382
(209) 216-3333
After Hours and Weekends:

Emergency Department (Emanuel Medical Center)
825 Delbon Avenue
Turlock, CA 95382
Open 24 Hours

38 APPENDIX X

POST-ACCIDENT PROCEDURES AND INSTRUCTIONS
49 CFR PART 382.303(D) AND 49 CFR PART 655.4 REQUIREMENTS A. If an accident involves (1) the loss of human life, or (2) the driver receives a citation for a moving violation arising from the accident, or (3) the accident involves a transit vehicle and an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or (4) the accident involves a transit vehicle and one or more vehicles involved incurs disabling damage as the result of the occurrence, the driver must be tested for alcohol and drugs under the DOT/FTA-mandated policy.

The testing should occur as soon as practicable following an accident.

B. Alcohol testing. If an alcohol test is required, the employee shall be alcohol tested within two (2) hours following the accident or otherwise the employer shall document the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the accident, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test (CFR 382.303(d)(1), 49 CFR 655.44).

C. Drug testing. If a drug test is required, the employee shall be tested for drug use by obtaining a split urine specimen as soon as possible, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be as soon as possible.

D. All reasonable steps will be taken to obtain an alcohol test from an employee after an accident. In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and, if necessary, reference will be made to the DOT/FTA alcohol testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the employer shall notify the hospital of the need for a test and wait until the treating physician determines the employee is able to understand and comply.

E. If an employee who is subject to post-accident testing is conscious, able to provide an alcohol test or urine specimen (in the opinion of medical professional) and refuses to be tested, that employee will be subject to discipline, up to and including termination.

F. Under the City-wide drug and alcohol policies, additional non-DOT/FTA testing may also be requested by the employer following any type of motor vehicle accident or incident in which safety precautions were violated or

39 unusually careless acts were performed, or which involve substandard performance by the employee, or related to unusual behavior, driving, altercations, or other indications of alcohol and/or drug usage.

40 APPENDIX XI
E.A.P. HOTLINE TELEPHONE NUMBER
E.A.P. HOTLINE TELEPHONE NUMBER: 1-800-535-4985
Operating Hours: 24 Hours

41 APPENDIX XII

RECORDKEEPING AND REPORTING PROCEDURES
Records will be maintained in accordance with the requirements of 49 CFR 382.401-409, et al. and 655.71 as outlined below:

A. Retention Period. The employer will keep the following records for the periods specified. These records will be maintained in a secure location with controlled access:

1. Five-Year Retention Period:
a. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater
b. Records of employee verified positive drug test results c. Documentation of refusals to take alcohol/drug tests d. Calibration of Evidential Breath Testing (EBT) devices documentation
e. Employee evaluation and referrals
f. Copy of each annual calendar year summary required by 49 CFR 382.403
g. Substance abuse professionals (SAP) evaluations and referrals will be kept a minimum of 5 years

2. Two-Year Retention Period:
a. Records related to the alcohol and drug test collection process (except calibration of EBT devices).
b. Records of BAT, supervisor and employee training after the individuals cease to perform those functions.

3. One-Year Retention Period:
a. Records of negative and canceled drug test results
b. Records of test results indicating a breath alcohol concentration less than 0.02
c. Records relating to the collection process (except calibration) and required testing will be kept a minimum of two years.

4. Indefinite Retention Period
a. Records related to the education and training of BATs, supervisors, and employees while the individuals perform the functions which require the training.

42 B. Types of Records Maintained. If a document is required to be prepared under these regulations, it must be maintained.

1. Records relating to the collection process include:
a. Collection log books
b. Documents related to the random selection process
c. Calibration documentation for EBTs
d. Documentation of BAT training
e. Documentation of reasonable suspicion testing
f. Documentation of reasoning for post-accident testing g. Documentation verifying a medical explanation for the inability to provide adequate breath or urine for testing
h. Consolidated annual calendar year summaries required by 49 CFR 382.403

2. Records relating to employee's test results including:
a. Employer's copy of alcohol test form including results of test b. Employer's copy of drug test chain of custody and control form c. Documents sent from MRO to employer
d. Documents relating to refusal to test
e. Documents presented by an employee to dispute the result of an alcohol or drug test
f. Documents generated in connection with verifications of prior employers' alcohol or controlled substances test results that were obtained by the employer:
i. In connection with the exception in 49 CFR 382.301, and ii. As required by 49 CFR 382.413.

3. Records related to other violations of DOT/FHWA/FTA

4. Records related to evaluations as follows:

a. SAP determination of employee's need for assistance
b. Records concerning employee's compliance with SAP
recommendations

5. Records related to education and training as follows:
a. Materials on awareness for alcohol misuse and controlled substance use including a copy of employer's policy

43 b. Documentation of compliance with the requirements of 382.601 including employee's signed receipt of education materials and policy
c. Documentation of supervisor training for alcohol and drug testing based on reasonable suspicion
d. Certification of training for breath alcohol technicians as required by 49 CFR 40.213(a)
e. Certification that any training conducted under 49 CFR 40 and 382 complies with the requirements for such training

6. Records relating to alcohol and drug testing as follows:
a. Agreements with collection site, laboratory, and MRO b. Names and positions of officials and role in employer's testing program(s)
c. Semi-annual laboratory statistical summaries of urinalysis required by 49 CFR 40.111(a)
d. Employer's alcohol and drug testing policy and procedures e. Location of all records
C. Reporting for Management Information System (49 CFR 382.403)

1. When requested by the Federal Motor Carrier Safety Administration during the month of January, annual summaries of alcohol and drug testing results shall be completed for the calendar year just ended, by March 15 of the following year using the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at

40.26 and appendix H to part 40) or the electronic version of the MIS form provided by the DOT. The annual summary shall include the following:
a. The number of drivers subject to Part 382
b. Drivers subject to testing under alcohol or drug use rules of more than one DOT agency, identified by agency
c. Number of urine specimens collected by type (random, preemployment, follow-up, etc.) d. Number of positive verified by MRO by type of test
e. Number of negative verified by MRO by type of test
f. Number of drivers denied position following pre-employment positive drug or alcohol test of 0.04 or greater
g. Number of drivers with tests verified positive by MRO for multiple drugs
h. Number of drivers who refused to take alcohol and/or drug test i. Number of supervisors receiving alcohol reasonable suspicion training
j. Number of supervisors receiving controlled substance reasonable suspicion training

44 k. Number of screening alcohol tests by type of test l. Number of confirmation alcohol tests by type of test m. Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greater but less than 0.04 by type of test n. Number of confirmation alcohol tests indicating an alcohol concentration of 0.04 or greater by type of test
o. Number of drivers in this reporting period who were returned to duty (having complied with SAP recommendations) who previously: 1) had a verified positive drug test result, or 2) engaged in prohibited alcohol misuse
p. Number of drivers administered a drug and alcohol test at the same time with a verified positive drug test and an alcohol concentration of 0.04 or greater

2. Each employee shall be identified who is subject to more than one DOT/FTA agency alcohol or drug rule. The identification will be by the total number of covered functions. Prior to testing, the employer shall identify which DOT/FTA agency under which the employee performs more than 50% of his or her duties. and test result information shall be directed to the appropriate DOT agency. (49 CFR 655.45(j))

45 APPENDIX XIII

LEVELS OF CONTROLLED SUBSTANCES (DRUGS)

CONSIDERED TO BE POSITIVE
Positive levels for prohibited drugs:

Drug and/or Metabolite Initial Level Confirmation Level Marijuana 50 n/ml 15 n/ml
Cocaine 300 n/ml 150 n/ml
Opiates (morphine and/or codeine) 300 n/ml 300 n/ml
Phencyclidine (PCP) 25 n/ml 25 n/ml
Amphetamines and/or
Methamphetamines 1000 n/ml 500 n/ml
EFFECTIVE JANUARY 1, 1996
AMENDED: DECEMBER 2000, JANUARY 2001, MARCH 2004, JANUARY 2007, JULY 2009, AUGUST 2011, JANUARY 2013, JULY 2015, JANUARY 2017

City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement between the City of Turlock and Agee Construction Corporation, of Clovis, CA, in the amount of $6,127,005.00 and a contingency amount of $613,000.00 (10%) to be funded by Fund 115 “Measure A - Roads” bond proceeds for construction of Bid Package 2 for City Project No. 23-068 “Provost & Pritchard Task Order No. 2 for Roads Program CIP Projects"
Resolution: Determining the award of bid for construction of Bid Package 2 for City Project No. 23-068 “Provost & Pritchard Task Order No. 2 for Roads Program CIP Projects" is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines

2. NARRATIVE:

On February 27, 2024, the City Council approved Task Order No. 2 as Amendment No. 2 under the terms of the Master Agreement with Provost & Pritchard Consulting Group for City Project No. 23-068 “Provost & Pritchard Task Order No. 2 for Roads Program CIP Project” for the rehabilitation of a grouping of street sections. The City Council also authorized staff to proceed with advertising the project for construction upon completion of bid documents.

Bid Package 2 is the second of the three (3) bid packages under this Task Order to be completed. Construction of N. Denair Avenue, from E. Olive Avenue to E. Canal Drive, was deferred and will be done along with the rehabilitation of Mitchell Avenue in order to address drainage issues along Mitchell Avenue and at the intersection of Mitchell Avenue with N.

Denair Avenue. Bid Package 2 includes the following streets:
23-068 Bid Package 2
Street Name From To Length (ft) District
Rose St. Cahill Ave. North End 979.00 1
Lyons Ave. E. Main St. Colorado Ave. 1,807.00 1
Oak St. Cooper Ave. E. Canal Dr. 708.00 1
N. Denair Ave. E. Main St. E. Olive Ave. 364.00 1
E. Canal Dr. E. Hawkeye Ave. 2,523.00 1
S. Denair Ave. E. Main St. Crane Ave. 341.00 1
Hamilton St. E. Main St. Marshall St. 722.00 1
Sierra St. E. Canal Dr. N. Berkeley Ave. 1,916.00 1
Tahoe Dr. E. Main St. Yosemite St. 705.00 1
Shasta St. E. Main St. Sierra St. 321.00 1
Total Length 10,386.00

Agenda Staff Report
1/13/2026
City Project No. 23-068 (Bid Package 2) was advertised for construction bids on November 7, 2025 through the City’s website and the Turlock Journal.

Bids for City Projects No. 23-068 (Bid Package 2) were opened on December 9, 2025 at 2:00PM. A total of three (3) bids were received:

Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement for City Projects No. 23-068 (Bid Package 2) with Agee Construction Corporation, of Clovis, CA, as the lowest responsive, responsible bidder with a bid amount of $6,127,005.00.

Per contract documents, the contractor is allowed ten (10) days after the date of the City’s mailing him/her the Agreement and the Notice of Award to return the signed Agreement along with required bonds and certificate of insurance. The City will then review the submittal for adequacy, execute the Agreement, and issue a Notice to Proceed. The Contractor is required to start work no later than ten (10) working days after Notice to Proceed has been issued. Based on this timeline, anticipated start of work will be in mid to late March 2026, weather permitting.

Per the Public Contract Code, § 20160 et seq., the City Council has the discretion to decide if a bid shall be awarded or rejected. If Council decides to award the bid, the bid has to be awarded to the lowest responsible bidder submitting a responsive bid.

BIDDER BID AMOUNT
Agee Construction Corporation; Clovis, CA $6,127,005.00 Mountain Cascade, Inc.; Livermore, CA $6,193,248.00
Granite Construction Company; Fresno, CA $6,891,666.73

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total estimated fiscal impact of the proposed action will be $8,376,872.85 which will be funded by Fund 115 “Measure A - Roads” bond proceeds, account number 115-10-115- 801.51270. The overall fiscal impact, including professional services, is shown below. 23-068 Bid Package 2 Fund 115 “Measure A”
Design (Provost & Pritchard) * $ 421,864.30
CM & Inspection (NV5) $1,215,003.55
Construction Contract $6,127,005.00
Construction Contingency $ 613,000.00
Total Estimated Cost $8,376,872.85
*Design cost is pro-rated based on the linear footage of street sections included in Bid Package 2.

All Roads Program staff time is expensed directly to Fund 115 "Measure A - Roads Program". Staff time is directly allocated to each project by the Finance Department at the

Agenda Staff Report
1/13/2026
end of the fiscal year.

Appropriate funds have been allocated during Fiscal Year 2025-26 budget process to cover these costs.

4. ENVIRONMENTAL DETERMINATION:

This project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by the projects.

5. ATTACHMENTS:

1. Draft Resolution

2. Bidder's Summary

3. Agreement between the City of Turlock and Agee Construction Corporation, of Clovis, CA, for construction of Bid Package 2 for City Project No. 23-068

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DETERMINING THE AWARD } RESOLUTION NO. 2026- OF BID FOR CONSTRUCTION OF BID PACKAGE }
2 FOR CITY PROJECT NO. 23-068 “PROVOST & }
PRITCHARD TASK ORDER NO. 2 FOR ROADS }
PROGRAM CIP PROJECTS” IS EXEMPT FROM }
THE PROVISIONS OF CEQA IN ACCORDANCE }
WITH SECTION 15301 OF THE CEQA }
GUIDELINES }
_________________________________________ }
WHEREAS, City Project No. 23-068 “Provost & Pritchard Task Order No. 2 for Roads Program CIP Projects" (Bid Package 2) will rehabilitate a grouping of street sections as approved by the City Council on February 27, 2024, and will include installation of curb, gutter, sidewalk, and ADA-compliant curb ramps; and WHEREAS, on December 9, 2025, three (3) bids were received for the construction of City Project No. 23-068 (Bid Package 2), with Agee Construction Corporation, of Clovis, CA, submitting the lowest responsive, responsible bid in the amount of $6,127,005.00; and
WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for construction of Bid Package 2 for City Project No. 23-068 “Provost & Pritchard Task Order No. 2 for Roads Program CIP Projects" is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

CITY OF TURLOCK

BIDDER'S SUMMARY
PROJECT TITLE: 23-068 Package 2 - Roads Program CIP
PROJECT NUMBER: 23-068BP2
BID OPENING:
2:00 P.M.

ANTICIPATED COUNCIL AWARD DATE: January 13, 2026
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization LS 1 $210,000.00 $210,000.00 $550,000.75 $550,000.75 $136,200.00 $136,200.00 $680,000.00 $680,000.00 2 Remove and Replace Monument EA 5 $2,500.00 $12,500.00 $1,500.00 $7,500.00 $3,000.00 $15,000.00 $3,000.00 $15,000.00 3 Traffic Control LS 1 $210,000.00 $210,000.00 $219,000.00 $219,000.00 $55,000.00 $55,000.00 $185,000.00 $185,000.00 4 Portable Changeable Message Signs EA 10 $5,000.00 $50,000.00 $10,500.00 $105,000.00 $6,500.00 $65,000.00 $10,000.00 $100,000.00 5 Construction Funding Signs EA 14 $1,500.00 $21,000.00 $1,400.00 $19,600.00 $3,250.00 $45,500.00 $1,250.00 $17,500.00 6 Jobsite Management LS 1 $30,000.00 $30,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 7 Storm Water Pollution Prevention Plan (SWPPP) - Preparation and Implementation LS 1 $40,000.00 $40,000.00 $6,500.00 $6,500.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 8 Erosion and Dust Control BMPs LS 1 $70,000.00 $70,000.00 $22,000.00 $22,000.00 $36,500.00 $36,500.00 $15,000.00 $15,000.00 9 Construction Staking LS 1 $130,000.00 $130,000.00 $50,000.00 $50,000.00 $65,000.00 $65,000.00 $46,400.00 $46,400.00 10 Pothole Existing Utilities LS 1 $45,000.00 $45,000.00 $21,000.00 $21,000.00 $200,000.00 $200,000.00 $130,000.00 $130,000.00 11 Video Sewer and Storm Drain LS 1 $100,000.00 $100,000.00 $18,000.00 $18,000.00 $110,000.00 $110,000.00 $75,000.00 $75,000.00 12 Clearing and Grubbing LS 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $60,000.00 $60,000.00 $467,000.00 $467,000.00 13 Roadway Excavation (F) CY 1,035 $250.00 $258,750.00 $250.00 $258,750.00 $350.00 $362,250.00 $305.00 $315,675.00 14 Cold Plane Asphalt Concrete Pavement SY 48,732 $7.00 $341,124.00 $1.00 $48,732.00 $3.50 $170,562.00 $5.00 $243,660.00 15 Unsuitable Material CY 237 $100.00 $23,700.00 $135.00 $31,995.00 $237.00 $56,169.00 $120.00 $28,440.00 16 Remove Concrete Curb LF 4,408 $9.00 $39,672.00 $9.00 $39,672.00 $4.00 $17,632.00 $8.00 $35,264.00 17 Remove Concrete Curb & Gutter LF 7,402 $20.00 $148,040.00 $14.00 $103,628.00 $5.00 $37,010.00 $9.00 $66,618.00 18 Remove Drive Over Curb & Gutter LF 249 $8.00 $1,992.00 $16.50 $4,108.50 $5.00 $1,245.00 $12.00 $2,988.00 19 Remove Concrete Flatwork SF 33,296 $5.00 $166,480.00 $4.00 $133,184.00 $2.50 $83,240.00 $3.00 $99,888.00 20 HMA (Type A) TON 11,456 $125.00 $1,432,000.00 $120.00 $1,374,720.00 $121.00 $1,386,176.00 $140.00 $1,603,840.00 21 Full depth Reclamation-Cement SY 43,051 $17.00 $731,867.00 $13.00 $559,663.00 $12.00 $516,612.00 $16.75 $721,104.25 22 Cement (Full-Depth Reclamation-Cement) TON 697 $200.00 $139,400.00 $250.00 $174,250.00 $240.00 $167,280.00 $214.84 $149,743.48 23 Mix Design (Full-Depth Reclamation-Cement) LS 1 $50,000.00 $50,000.00 $23,000.00 $23,000.00 $21,800.00 $21,800.00 $19,000.00 $19,000.00 24 Minor Concrete (Curb Ramp) SF 2,924 $25.00 $73,100.00 $26.00 $76,024.00 $44.00 $128,656.00 $9.00 $26,316.00 25 Minor Concrete (Curb Only) LF 150 $60.00 $9,000.00 $47.00 $7,050.00 $57.00 $8,550.00 $28.00 $4,200.00 26 Minor Concrete (Curb and Gutter) LF 12,096 $60.00 $725,760.00 $46.00 $556,416.00 $54.00 $653,184.00 $34.00 $411,264.00 27 Minor Concrete (Sidewalk) SF 19,062 $12.00 $228,744.00 $10.50 $200,151.00 $17.00 $324,054.00 $6.75 $128,668.50 28 Minor Concrete (Driveway) SF 12,173 $25.00 $304,325.00 $16.00 $194,768.00 $18.00 $219,114.00 $8.50 $103,470.50 29 Minor Concrete (Alley Approach) SF 2,704 $25.00 $67,600.00 $22.00 $59,488.00 $23.00 $62,192.00 $12.25 $33,124.00 30 Minor Concrete (Valley Gutter) SF 3,451 $30.00 $103,530.00 $21.00 $72,471.00 $18.00 $62,118.00 $13.00 $44,863.00 31 Minor Concrete (Drive Over Curb) SF 134 $50.00 $6,700.00 $45.00 $6,030.00 $63.00 $8,442.00 $36.00 $4,824.00 32 Detectable Warning Surface SF 695 $45.00 $31,275.00 $61.00 $42,395.00 $45.00 $31,275.00 $55.00 $38,225.00 33 Remove Catch Basin EA 16 $2,000.00 $32,000.00 $900.00 $14,400.00 $3,900.00 $62,400.00 $1,000.00 $16,000.00 34 Storm Drain Catch Basin EA 23 $8,000.00 $184,000.00 $11,000.00 $253,000.00 $10,700.00 $246,100.00 $9,000.00 $207,000.00 35 Storm Drain Manhole EA 12 $15,000.00 $180,000.00 $8,300.00 $99,600.00 $10,750.00 $129,000.00 $10,000.00 $120,000.00 36 Adjust Storm Drain Catch Basin to Finished Grade EA 4 $1,500.00 $6,000.00 $1,150.00 $4,600.00 $5,650.00 $22,600.00 $4,500.00 $18,000.00 37 18” Storm Drain Pipe LF 1,795 $225.00 $403,875.00 $210.00 $376,950.00 $148.00 $265,660.00 $200.00 $359,000.00 38 Remove Storm Drain Pipe LF 140 $70.00 $9,800.00 $160.00 $22,400.00 $58.00 $8,120.00 $45.00 $6,300.00 39 Adjust Utility Pull Box to Finished Grade EA 8 $1,500.00 $12,000.00 $240.00 $1,920.00 $1,170.00 $9,360.00 $1,200.00 $9,600.00 40 Adjust MH to Finished Grade EA 26 $1,500.00 $39,000.00 $1,700.00 $44,200.00 $1,600.00 $41,600.00 $2,400.00 $62,400.00 41 Adjust Valve to Finished Grade EA 69 $1,500.00 $103,500.00 $1,100.00 $75,900.00 $1,175.00 $81,075.00 $1,400.00 $96,600.00 42 Relocate Water Meter EA 2 $250.00 $500.00 $2,350.00 $4,700.00 $3,610.00 $7,220.00 $2,200.00 $4,400.00 43 Remove Roadside Sign EA 25 $350.00 $8,750.00 $80.00 $2,000.00 $172.00 $4,300.00 $75.00 $1,875.00 44 Relocate Roadside Sign EA 2 $500.00 $1,000.00 $375.00 $750.00 $400.00 $800.00 $350.00 $700.00 45 Install Roadside Sign EA 40 $10.00 $400.00 $480.00 $19,200.00 $750.00 $30,000.00 $450.00 $18,000.00 46 Thermoplastic Traffic Stripe LF 11,127 $12.00 $133,524.00 $4.25 $47,289.75 $7.00 $77,889.00 $6.00 $66,762.00 47 Thermoplastic Pavement Marking SF 10,909 $12.00 $130,908.00 $11.00 $119,999.00 $7.00 $76,363.00 $6.00 $65,454.00 December 9, 2025
1 2
Total $7,096,816.00 $6,127,005.00 $6,193,248.00
3 Highlighted cells indicate corrected total
per unit price for the item and the total bid.

Lowest Responsible and Responsive
Bidder
$6,891,666.73
ENGINEER'S ESTIMATE Agee Construction Corporation Mountain Cascade, Inc. Granite Construction Company

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025

AGREEMENT

FOR ROADS PROGRAM PUBLIC IMPROVEMENT PROJECT
Project No. 23-068 Package 2
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and AGEE CONSTRUCTION CORPORATION, a California corporation (“Contractor”), on this 13th day of January 2026 (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Project No. 23-068 Package 2 (the “Project”).

B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.

C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on January 13, 2026, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock for Project No. 23-068 Package 2; iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by 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

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent 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 Project No. 23-068 Package 2.” 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 Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed Six Million One-Hundred Twenty-Seven Thousand Five Dollars ($6,127,005.00) (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

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
(c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, shall be completed on or before the expiration of One Hundred Forty (140) working days (the “Completion 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 Completion Date, 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 Completion Date, in writing, to the City Engineer.

The Completion Date 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 Completion Date 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 Completion Date 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.

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
(b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.

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 Completion Date 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

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further 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 Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Six Thousand Seven Hundred and no/100ths Dollars ($6,700.00) for each calendar day beyond the Completion 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 Completion Date. 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 Completion Date. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date 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 Completion Date.

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If City terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the City Standard Specifications 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

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be 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.

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025

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

Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

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.

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025

13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

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:

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

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

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the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. The City of Turlock shall be named as a certificate holder.
(a) 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 aggregate for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 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, 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 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), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be 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,

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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 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.
(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 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. Contractor shall maintain automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
(d) Builder’s Risk Insurance. {Intentionally Omitted}
(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. (f) Professional Liability Insurance. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of Two Million Dollars ($2,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(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 insurance policies maintained by the Additional Insureds, whether primary

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. (h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (i) Acceptability of Insurers. Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.
(j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
(l) Subcontractors. Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, 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.

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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 Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.

When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.

20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit. (b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

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

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before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.

The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.

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.

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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: Christopher Fisher, Municipal Services Director
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: Agee Construction Corporation
Attn: John T. Gerwe, Chief Estimator
1039 Hoblitt Avenue
Clovis, CA 93612
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

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

Fred Pezeshk, PE
City of Turlock, Roads Program Manager
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-5520
E-mail: [email protected]

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

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

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

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

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

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

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

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

35. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, 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.

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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 signature for the purposes of validity, enforceability, and admissibility.

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

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

41. Attorney’s Fees and Costs: Except as expressly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.

43. Recitals: The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail. [Signatures on Following Page]

City Contract No. 2026-105
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10/2025
AGEE CONSTRUCTION CITY OF TURLOCK, a municipal corporation

CORPORATION
By: ____________________________ By: _____________________________ Susan E. Borrego, Interim City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ Christopher Fisher, Municipal Services
Director
Date: ___________________________

Federal Tax ID or Social Security No:

APPROVED AS TO FORM:
_______________________________
By: _____________________________
George A. Petrulakis, City Attorney
DIR Registration Number:
_______________________________ ATTEST:

Affix Contractor’s Seal Here By: _____________________________ Nichole Fiez, City Clerk

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025

EXHIBIT A

SCOPE OF SERVICES

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City Contract No. 2026-105
City Project No. 23-068 Package 2
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The extension for Item 45 was has been corrected from $21,600 to $19,200 thus changing the total bid amount from $6,129,405.00 to $6,127,005.00.

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025

City Contract No. 2026-105
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City Contract No. 2026-105
City Project No. 23-068 Package 2
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EXHIBIT B

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

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

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

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

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

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

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(b) Field office overhead
(c) Bond costs
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

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

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

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

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

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

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

5.1 During that period

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

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

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

3. Fifteen percent (15%) percent markup.

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

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

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

The City Engineer determines rental costs:

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

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

1.2. Current during the work paid by force account.

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

1.3.1. Rented from equipment business Contractor does not own.

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

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

2.1. Rented from equipment business Contractor does not own.

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

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

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

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

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

2. To load and unload equipment

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

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

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

The minimum total time paid is:

1. 1 day if daily rates are paid

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

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0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

3.0 5.50

3.5 5.75

4.0 6.00

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

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

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

2. To load and unload equipment

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

City Contract No. 2026-105
City Project No. 23-068 Package 2
10/2025
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. 2026-105
City Project No. 23-068 Package 2
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. 2026-105
City Project No. 23-068 Package 2
10/2025

EXHIBIT D

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to Agee Construction Corporation, hereinafter designated as the “Principal,” a contract for Project No. 23-068 Package 2; 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. 2026-105
City Project No. 23-068 Package 2
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. 2026-105
City Project No. 23-068 Package 2
10/2025

EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to Agee Construction Corporation, hereinafter designated as the “Principal”, a contract for Project No. 23-068 Package 2; 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. 2026-105
City Project No. 23-068 Package 2
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
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Approving Amendment No. 17 for Task Order No. 8A under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc. (Fresno, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $1,152,500.63 to be funded by Fund 115 “Measure A – Roads” for Bid Package 2 for City Project No. 23-068 as “NV5 CM Task Order No. 8A for City Project No. 23-068, Bid Package 2”

2. NARRATIVE:

On February 27, 2024, the City Council approved a Master Agreement for Construction Management and Inspection Services with NV5, Inc. (City Contract No. 2024-111). The Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of the Master Agreement.

Scope of services for construction management and inspection is described in three (3) activity components: Pre-Construction, Construction Management and Inspection, and PostConstruction. “Pre-Construction” activities ensure that the projects are properly set up and organized in the lead-up to start of construction. Activities such as constructability reviews, file reviews and set-up, scheduling, and pre-construction conference with the contractor take place during this stage. “Construction Management and Inspection” activities during the actual construction of the projects will ensure, in general, that the contractor is complying with the contractual requirements, that the work is constructed in compliance with the bid documents, that the quantities of work are measured accurately for proper payment to the contractor, and that issues encountered in the field are resolved in a timely fashion. “PostConstruction” activities ensure that as-built plans are prepared to document and accurately reflect the project as actually constructed and that contract records are adequately and properly organized and complete.

On October 14, 2025, the City Council approved Task Order No. 8 as an Amendment under the terms of the Master Agreement to provide Construction Management and Inspection Services for City Project No. 23-068 Bid Package 2. Since the design was still ongoing at the time, the Task Order only included the scope and fee for “Pre- Construction” activities.

With the completion of the design, critical items, such as the final scope of construction work, the engineer’s estimate of probable construction costs, sequencing of construction, and the number of working days, were determined and a detailed scope of services for the remaining activities could then be developed.

Therefore, the proposed amendment includes the scope of services and fee associated with “Construction Management and Inspection” and “Post-Construction Services” activities for

Agenda Staff Report
1/13/2026
Bid Package 2 for City Project No. 23-068 which includes the following street sections:
“Construction Management and Inspection” and “Post-Construction Services” activities will commence shortly after the award of bid for each bid package and will continue throughout the construction period.

The proposed Amendment is essential to ensuring that adequate resources are available for advancing the construction of Roads Program CIP projects.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The fiscal impact of the proposed Amendment No. 17 for NV5 CM Task Order No. 8A will be $1,152,500.63 which will be funded from Fund 115 “Measure A – Roads”, account number 115-10-115.43327 “Construction Management.” The cumulative fiscal impact, including the previous Amendment is estimated to be $1,215,003.55.

Appropriate funds have been allocated during the Fiscal Year 2025-26 budget process to cover this Amendment.

4. ENVIRONMENTAL DETERMINATION:

Approving the amendment for the task order described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed actions are not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because they consist of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

5. ATTACHMENTS:

Agenda Staff Report
1/13/2026

1. Amendment No. 17 for Task Order No. 8A under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc.

CITY CONTRACT NO. 2024-111, Amendment No. 17 for Task Order No. 8A AMENDMENT NO. 17 FOR TASK ORDER NO. 8A
Under the Terms of the

MASTER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
NV5, INC.
for

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
City Contract No. 2024-111
City Project No. 23-068, Bid Package 2
THIS AMENDMENT NO. 17 for Task Order No. 8A under the terms of City Contract No. 2024-111 is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and NV5, INC., a California corporation (“Professional”), on this ______ day of ___________ 2026 (the “Effective Date of Task Order No. 8A”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Amendment No. 17.

WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2024-111) dated February 27, 2024, for Construction Management and Inspection Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and WHEREAS, Construction Management and Inspection Services comprise three (3) components: Pre-Construction, Construction Management and Inspection, and PostConstruction; and WHEREAS, Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of Agreement by a written amendment to the Agreement; and
WHEREAS, Amendment No. 16 provided for the scope of services and fees for “PreConstruction” services for Bid Package 2 for City Project No. 23-068 as “NV5 CM Task Order No. 8 for City Project No. 23-068, Bid Package 2;” and
WHEREAS, City desires that Professional provide “Construction Management and Inspection” and “Post-Construction” services for said City Project as “NV5 CM Task Order No. 8A for City Project No. 23-068, Bid Package 2;” and
WHEREAS, Amendment No. 17 for Task Order No. 8A provides for the scope of services and associated fees for said City Project.

CITY CONTRACT NO. 2024-111, Amendment No. 17 for Task Order No. 8A NOW, THEREFORE, the Parties hereto mutually agree to amend the Agreement as follows:

1. Exhibit R, attached hereto and incorporated herein by reference, is hereby added to the Agreement.

2. Recital B of the Agreement is amended to read as follows:

B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibits A through R attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.

3. Recital C of the Agreement is amended to read as follows:

C. The Parties anticipate that one or more projects for Services shall be determined through creation of a Task Order as a City-requested modification of services under Section 5.2 of this Agreement which shall be approved by written amendment to this Agreement. The Parties shall outline the schedule or timeline for providing the Services agreed upon under each Task Order (“Completion Schedule”), which shall be included in one or more written amendments to this Agreement. Such Completion Schedule is included in Exhibit R.

4. Recital D of the Agreement is amended to read as follows:

D. The Parties shall outline the rates and method of payment to Professional for its performance of the Services under this Agreement as determined under each Task Order (“Compensation Schedule”), which shall be included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit R.

5. Section 5 of the Agreement is amended to read as follows:

5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibits A through R. Any request for Services not included in Exhibits A through R will be considered a request for additional or modified Services (“Modification” or “Modifications”).

Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibits A through R. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this

CITY CONTRACT NO. 2024-111, Amendment No. 17 for Task Order No. 8A Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

6. Section 6 of the Agreement is amended to read as follows:

6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit based on Exhibit 10-H of Caltrans Local Assistance Procedures Manual (LAPM). Professional will be allowed to include an amount for the anticipated salary increases as calculated per Exhibit 10-H. City’s total compensation to Professional shall not exceed the cumulative amount resulting from each Task Order with each approved Amendment to the Agreement. The compensation for Amendment No. 17 shall not exceed One Million One-HundredFifty-Two Thousand Five-Hundred Dollars and Sixty-Three Cents ($1,152,500.63), and One Million Two-Hundred-Fifteen Thousand Three Dollars and Fifty-Five Cents ($1,225,503.31) for Bid Package 2 for City Project No. 23-068 (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.

Amendment 16 for Task Order No. 8 $ 62,502.92
Amendment 17 for Task Order No. 8A $1,152,500.63
Project 23-069 Not-to-Exceed Amount $1,215,003.55

7. Execution and Counterparts. This Amendment may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Amendment and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

8. All other terms and conditions of the Agreement shall remain in full force and effect for the Term of the Agreement.
[Signatures on Following Page]

CITY CONTRACT NO. 2024-111, Amendment No. 17 for Task Order No. 8A IN WITNESS WHEREOF, the Parties have caused this Amendment No. 17 to be executed by and through their respective officers thereunto duly authorized.

PROFESSIONAL
NV5, INC., a California corporation
By:

Lori Goodwin, Vice President
Date
CITY
City of Turlock, a California
municipal corporation
By:

Susan E. Borrego, Interim City Manager
Date:

APPROVED AS TO SUFFICIENCY:

By:

Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:

By:

George A. Petrulakis, City Attorney
ATTEST:

By:

Nichole Fiez, City Clerk
12/03/2025

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 1

SCOPE OF CONSULTANT SERVICES

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS
CONTRACT NO. 2024-111 TASK ORDER #8A
(PROJECT NO. 23-068 BP2)

CONSTRUCTION & POST-CONSTRUCTION SERVICES

DESCRIPTION OF PROJECT
Provide construction and post-construction project management services for the City of Turlock Roads Program CIP Project No. 23-068 BP2 project. Project Plans and Specs dated 10/30/2025.

NV5 shall furnish a licensed Civil Engineer as Resident Engineer during the construction and post-construction period.

NV5 will also provide support staff, as needed.

The Construction Manager shall be responsible for coordination with the City of Turlock and shall act as the key point of contact with the City. The Construction Manager shall also be responsible for coordination of the Resident Engineer and Construction Management staff. The Resident Engineer will oversee the daily interaction with the Contractor and other public agencies.

NV5 shall complete the following construction and post-construction services:

Task 2: Construction Services
TASK 2.1 DOCUMENT MANAGEMENT
Objectives:

1. Project-related documents shall be maintained through CMIS, the web- based document management software developed in-house by NV5 construction management personnel.

Description:

For project documentation management, the City utilizes the web-based Construction Management Information System (CMIS). This software was created by Paul Gill, a current member of NV5’s construction management team. Our team has been an integral part of the development of the software. Throughout the years, our resident engineers and inspectors have tested and provided valuable input to improve the software to meet the needs of our construction management personnel and our clients. No other firm has more expertise and experience utilizing the CMIS software.

CMIS is a fully equipped state-of-the-art tool to effectively manage and document construction projects. CMIS was initially designed and developed in-house to give our resident engineers and inspectors a valuable tool to report construction contractor’s daily work activities more efficiently and with more detail. The CMIS’ Electronic Daily Diary (EDD) report, patterned after Caltrans’ Daily Diary, is still one of the most important of the CMIS innovations. The EDD contains a manpower sheet, narrative sheet, photo sheet, and a contract item quantity sheet, all of which are word searchable. The system pulls daily diary quantities and automatically generates quantity sheets as well as progress pay estimates.

This EDD report has been credited with keeping contractors from filing claims and their activities professionally documented. With the EDDs excellent word search capability, our clients save time and money as project activities, manpower, and equipment expenditures can be instantly recalled for use in evaluating force account work and potential claims. This same tool is important to manage the contractor’s construction schedule - it gives us the ability to see where the schedule is gaining and where it is slipping and allows for accurate assessments of the contractor’s monthly schedule updates.

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 2 The CMIS system also has the capability of full electronic document control. The contractor uploads RFI’s, submittals and correspondence to the system. The CMIS system will automatically distribute to the review party, send reminders, and keep time of the review process. Responses are returned through the system and stored for the project documentation.

The document control system also has portals for weekly meeting agendas and meeting minutes, field directives, change orders, staking requests, SWPPP reports, material testing reports, certified payroll, and any other project correspondence.

All project team members, including the construction management team, the City, the designer, and the contractor, can be given access to the project’s CMIS. The web-based system provides real- time access to all project documentation from any office location.

Deliverables:

Searchable daily diaries with project photos.

Quantity Sheets and monthly progress pay summaries.

Force account / cost analysis calculation reports.

Up-to-date submittal, RFI, and CCO logs.

Digital records of all project correspondence and documentation.

TASK 2.2 QUALITY CONTROL
Objectives:

1. Assume total responsibility for the accuracy, completeness, and timeliness of all meeting notes, contract change orders, progress payments, labor compliance documentation, reports, and all other work performed under this contract.

Description:

NV5 acknowledges their responsibility for accuracy, completeness and timeliness of all project documentation including, meeting notes, contract change orders, progress payments, labor compliance documentation, reports and all other work performed under this contract. We have numerous internal quality control procedures that ensure the services and deliverables provided are of the highest quality. Our strong track record of being repeat clients for multiple cities, counties, Caltrans districts, and other agencies demonstrates the quality of our services.

TASK 2.3 CONSTRUCTION MEETINGS
Objectives:

1. Regularly schedule and conduct coordination and status meetings to review project status and budget; facilitate decision making.

2. Discuss issues that have the potential of adversely affecting the project budget, schedule, or product.

3. Prepare meeting agenda in consultation with the City Engineer, distribute agenda prior to meeting, arrange for appropriate participants to attend, and distribute meeting notes for regular project status meetings and public meetings.

Description:

The NV5 Team will facilitate weekly progress meetings with the contractor and their subcontractors, as appropriate, to review construction progress. Meetings topics will include project schedule, safety, environmental permits, SWPPP monitoring issues, traffic control, coordination with stakeholders. We will review updated project logs for submittals, RFIs, and Contract Change Orders. These meetings are also a good time to share complaints or community concerns that have been received. This forum allows for the entire construction team to discuss the concerns and the best actions to take. NV5 will keep minutes of the meetings, assign action items and responsibilities, and document project trends.

Deliverables:

Written agenda and minutes of each progress meeting.

Electronic copies of progress meeting minutes to the attendees.

TASK 2.4 COORDINATION

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 3 Objectives:

1. Coordinate all administrative, inspection, and testing activities of the construction contract.

Description:

NV5 will serve as the main contact for the City, design engineer, utility companies, businesses, property owners and other agencies. NV5 will be responsible for coordinating and tracking all project correspondence (RFI’s, submittals and letters).

NV5 will coordinate and track materials testing, and inspection schedules to ensure the Contractor’s work is properly documented and performed per the requirements of the project specifications, standards, and plans.

Deliverables:

Logs for all project correspondence (RFI’s, Submittals and Letters) TASK 2.5 CONTRACT DOCUMENTS
Objectives:

1. Interpret the intent of the plans and specifications to protect the City against defects and deficiencies on the part of the Contractor and maintain the project budget and schedule.

2. Notify the City immediately of any errors or omissions in the Contract Documents.

Description:

NV5 Team will have a full understanding of all contract documents including the plans and specifications. In doing so, we will identify any inconsistencies and conflicts between parts of the plans, specifications, and estimates. We will also evaluate any claims from the contractor of contract document ambiguities, omissions, or conflicts through the RFI process. We will independently evaluate their claims and work with them to reach resolution. As needed, we will also meet with the City and design engineer to discuss any review comments; vet possible revisions, additions and/or deletions; and recommend any possible contract change orders.

Deliverables:

RFI and CCO logs
Prepare meeting agendas and distribute electronic minutes.

TASK 2.6 LABOR COMPLIANCE
Objectives:

1. Perform labor compliance tasks, including verifying certified payrolls, subcontractor and apprentice utilization, and labor interviews.

Description:

Our office engineer will complete a weekly listing documenting every contractor that works on the project and submit to the contractor for their use in submitting certified payroll. NV5 will review all certified payrolls from the contractor and each of its subcontractors, as required in Section 7 of the State Standard Specifications. The NV5 Team will conduct contractor and subcontractor employee interviews following City, state, and federal guidelines; check the contractor’s and subcontractor’s statements of compliance; check wages for each classification of laborer or craftsperson; and verify apprentice utilization. The NV5 Team will notify the City and the contractor of all discrepancies or errors and request a corrected certified payroll.

Deliverables:

Weekly listings
Hard copies of the contractor’s certified payrolls maintained in the project files Employee interview records
TASK 2.7 PROGRESS REPORTS
Objectives:

1. Prepare monthly progress reports and submit to the City. The reports will address the progress of the work, the project schedule, information/decisions required to maintain the schedule and complete deliverables, problems encountered that may affect schedule, budget, work products, anticipated work for the following week and month.

2. Include photographs documenting the progress of the work.

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 4 Description:

Monthly status reports will be prepared and submitted to the City Project Manager. The report will include:
• Progress to date (schedule status)
• Description of key issues
• Status of submittals and change orders, including NV5’s change order log • Anticipated construction tasks for the next week and month • Potential claims
• Summary statement of working days
• Progress pay estimates (cost status)
• Photographs of completed work and work in progress.

Deliverables:

Prepare monthly progress report and send electronically to City Project Manager.

TASK 2.8 CONTRACT CHANGE ORDERS
Objectives:

1. Prepare change orders in compliance with the specifications and City procedures for City’s approval.

Description:

Evaluation and negotiation of contract change orders (CCOs) are among the most important functions of the construction management team. Prior to requesting the City’s approval, all CCOs will be evaluated by the NV5 Team. The review will include:
• Keeping the City’s project manager informed on status of all CCOs • Maintaining a log of proposed CCOs, indicating action dates and status • Determining if the condition is a changed condition and documenting rationale • Coordinating with the City and designer regarding impacts on the design • Evaluating the contractor’s CCO cost estimate and schedule impacts, and negotiating as required • Accurately documenting labor, equipment, and materials used on force account work • Preparing CCO documentation for City and contractor signatures • Processing and incorporating the CCO into the progress payment breakdown Deliverables:

Perform quantity and cost analysis as required for negotiation of contract change orders Contract change order documentation ready for the City’s approval and execution Contract change order summary reports.

TASK 2.9 PROGRESS PAYMENTS
Objectives:

1. Analyze Contractor’s initial schedule of values for reasonableness.

2. Reconcile and document items of work in compliance with the specifications

3. Prepare monthly progress payments in compliance with City procedures for approval.

Description:

When the schedule of values for specified lump sum items of work are submitted, NV5 will review for accurate breakdown of items and location for ease of monitoring progress and budget. For monthly progress pay estimates, we will review applications for payment with the contractor and negotiate any differences between the amount requested and NV5’s measured quantities for work completed. Payments will be processed in compliance with City procedures and submitted to the City for approval. The estimate will include a systematic determination of the quantities of work completed and their values. Information from the construction management team’s field data will include measurements of bid items on the project cost breakdowns. This data will be documented on monthly quantity sheets and used to assist with the monthly progress payments. All payments will be appropriately tied to a field daily diary as required by LAPM procedures.

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 5 Deliverables:

Contractor’s certified application for payment
Progress payment request document and backup suitable for approval and execution by the City.

TASK 2.10 PROJECT SCHEDULE
Objectives:

1. Monitor and analyze Contractor’s schedule for compliance with the specifications and any permit requirements.

Description:

We will review the contractor’s baseline schedule and schedule updates as required by the project’s specifications. The baseline schedule analysis will include a determination of whether the critical path is correct, the activity durations are reasonable, the interrelation between activities is accurate, all permit restrictions are represented, all necessary utility relocations and their timelines are included, and the overall logic is realistic. Once the baseline schedule is approved, it will serve as the initial blueprint of the contractor’s approach to constructing the project. We will use the baseline schedule to evaluate potential delays and workaround strategies to mitigate delay impacts.

Monthly schedule updates will be reviewed for accuracy against the project records such as diaries, paving records, and other documentation. In addition, we will confirm that weather days, contract change orders, and work re-sequencing has been included so that impacts to the critical path can be accurately assessed.

NV5’s resident engineer will also prepare the Weekly Statement of Working Days as a record of weather conditions, controlling item(s), and the status of working days remaining on a weekly basis. A copy will be sent to the contractor to allow them an opportunity to dispute the statement.

Deliverables:

Baseline schedule review
Monthly review of contractor’s schedule updates including a narrative summary of schedule status and effects of changes on completion date
Preparation and transmittal of statement of working days every week TASK 2.11 PROJECT BUDGET
Objectives:

1. Monitor and analyze project expenditures, track earned value, forecast project costs, and develop strategies to keep project within budget.

Description:

NV5 will develop and implement a cost control system to monitor and update the status of the construction and construction management costs and budget throughout the project. The goal of the cost control program is to identify trends before they become issues. The status of both the contractor’s and construction management budgets will be summarized in our monthly progress reports. We will utilize approved baseline schedule to indicate the contractor’s progress and provide a narrative in our monthly reports comparing actual progress to contract duration and budget expired to date. We will provide the City with detailed invoices for construction management services. These invoices will summarize labor expenditures, direct costs, and subconsultant charges. We will provide a narrative in the monthly progress reports detailing the tasks started, continued and/or completed in the reporting period. We will provide a comparison of our rate of expenditure to the overall construction progress.

Deliverables:

Cost analysis discussions in our monthly Progress Reports.

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS CONTRACT NO. 2024-111 TASK ORDER #8A 6 TASK 2.12 CONTRACTOR PROPOSALS
Objectives:

1. Evaluate Contractor’s cost-reduction proposals and provide recommendations to the City.

Description:

NV5 will review and evaluate cost reduction proposals, or Value Engineering Cost Proposal (VECP) submitted per Caltrans Standard Specification Section 4-1.07. After review, we will provide comments and recommendations to the City based on their feasibility and benefits to the project.

Deliverables:

Cost analysis and benefits evaluation of cost reduction proposal submittals.

TASK 2.13 UTILITY COORDINATION
Objectives:

1. Coordinate with the appropriate utility companies for work that affects the specific utility.

Description:

The NV5 Team will take the lead in facilitating and documenting utility coordination efforts. Before construction begins, the NV5 Team will create a utility matrix to organize and track utility work. The matrix will allow the project team to anticipate any potential problems with utility work during construction and stay ahead of the contractor’s scheduled submittals and work plans. We will hold utility coordination meetings as necessary to make sure that the utility coordination stays on track.

Deliverables:

Utility matrix
Utility coordination meeting minutes
Documentation and correspondence to and from the utility companies TASK 2.14 SHOP DRAWINGS
Objectives:

1. Coordinate, document, and make recommendations regarding shop drawings and their compliance with the plans and specifications for the City’s and design engineer’s approval.

Description:

Contract provisions identify specific items to be provided by the contractor that are considered shop drawings, which are typically subject to review by both the construction management team as well as the project designer. When we receive submittals from the contractor, they will be stamped and logged in by date of receipt. NV5 will determine who needs to review, perform an independent analysis and circulate drawings for approval to the appropriate agency and/or team member. For these road rehabilitation projects, we do not anticipate any significant shop drawings to be required. But if the specifications do require any, they will be managed as detailed above.

Deliverables:

Submittal review per contract documents
Correspondence of review by the project’s designer.

TASK 2.15 PROJECT SUBMITTALS
Objectives:

1. Coordinate, document, and make recommendations regarding submittals and their compliance with the plans and specifications for the City’s and design engineer’s approval.