Turlock City Council
June 23, 2026

City Council Meeting
Agenda
June 23, 2026
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
Amendment No. 1 - 6/18/26
Mayor
Amy Bublak
Council Members
Kevin Bixel
Cassandra Abram
Erika Phillips
Rebecka Monez
(Vice Mayor)
Interim City Manager
Christopher Fisher
City Clerk
Nichole Fiez
City Attorney
Katie Lucchesi
SPEAKER CARDS: To accommodate those wishing to address the Council and allow for staff followup, speaker cards are available for any agendized topic or any other topic delivered under Public Comment. Please fill out and provide the Comment Card to the City Clerk or Police Officer.

NOTICE REGARDING NON-ENGLISH SPEAKERS: The Turlock City Council meetings are conducted in English and translation to other languages is not provided. Please make arrangements for an interpreter if necessary.

EQUAL ACCESS POLICY: If you have a disability which affects your access to public facilities or services, please contact the City Clerk’s Office at (209) 668-5540. The City is committed to taking all reasonable measures to provide access to its facilities and services. Please allow sufficient time for the City to process and respond to your request.

NOTICE: Pursuant to California Government Code Section 54954.3, any member of the public may directly address the City Council on any item appearing on the agenda, including Consent Calendar and Public Hearing items, before or during the City Council’s consideration of the item. Members of the public will be allowed three (3) minutes for comments.

AGENDA PACKETS: Prior to the City Council meeting, a complete Agenda Packet is available for review on the City’s website at www.cityofturlock.org and in the City Clerk’s Office at 156 S. Broadway, Suite 230, Turlock, during normal business hours. Materials related to an item on this Agenda submitted to the Council after distribution of the Agenda Packet are also available for public inspection in the City Clerk’s Office. Such documents may be available on the City’s website subject to staff’s ability to post the documents before the meeting.

1. CALL TO ORDER

2. SALUTE TO THE FLAG

3. ROLL CALL AND DECLARATION OF CONFLICTS

4. APPROVAL OF AGENDA AS POSTED OR AMENDED
This is the time for the City Council to remove items from the agenda or to change the order of the agenda. Matters may be taken up out of order of the established agenda by a four-fifths vote of the

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, June 23, 2026
Next City Council Resolution: 2026-081 Next Ordinance: 1350-CS City Council.

5. PROCLAMATIONS, RECOGNITIONS, ANNOUNCEMENTS, PRESENTATIONS, AND

BRIEFINGS
A. Presentation: Turlock Partnership Incentive Program Check Presentation: Wicked UTV (Economic Development)
B. Certificates of Recognition Presented to the Virtual Turlock Student Project Team C. Proclamation: July as Parks and Recreation Month
D. Presentation: Golden State Boulevard (Roads Program) E. Presentation: Short-Range Transit Plan Community Engagement (Transit)

6. PUBLIC PARTICIPATION
Pursuant to California Government Code Section 54954.3(a), this portion of the meeting is set aside for members of the public to address the City Council on matters that are not listed on tonight’s agenda but are within the subject matter jurisdiction of the City Council. Speakers will be allowed up to three (3) minutes for their comments. Speakers who wish to address a matter listed later on the agenda may be asked to wait until that item is heard. Comments on matters outside the Council’s subject matter jurisdiction may be ruled out of order by the presiding officer and not permitted to continue. Pursuant to Government Code Section 54954.2(a)(3), the City Council may not take action or engage in substantive discussion on items not listed on the posted agenda.

However, the Council or staff may briefly respond to public comments, refer matters to staff, or request that a topic be placed on a future agenda.

7. CITY MANAGER REPORTS/UPDATES
City Manager reports/updates are provided for informational purposes only and no action or discussion may be undertaken. The City Manager may direct department heads to provide reports/updates at the City Manager’s request.

8. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion with no separate discussion. Any item may be removed from the Consent Calendar and considered separately at the request of the Mayor or any Councilmember. Prior to Council action, members of the public may address the Council on the Consent Calendar. If during their Consent Calendar comments, a member of the public requests removal of an item for separate consideration, the Mayor or a Councilmember may do so. Public comment on the Consent Calendar is limited to one (1) minute per speaker, regardless of the number of items addressed by the speaker.

A. Accepting the Minutes of the June 9, 2026 Special City Council Meeting and the June 9, 2026 Regular City Council Meeting
B. Accepting the Weekly Demands of May 22, 2026 Through May 28, 2026 in the Amount of $3,463,446.66, May 29, 2026 Through June 4, 2026 in the Amount of $1,879,797.19,

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, June 23, 2026
Next City Council Resolution: 2026-081 Next Ordinance: 1350-CS Accounts Payable EFT February 1, 2026 Through February 28, 2026 in the Amount of $609,531.38 and Payroll EFT February 1, 2026 Through February 28, 2026 in the Amount of $2,373,988.16.

C. Accepting the Investment and Cash Report for the Month of May 2026 in the Amount of $320,303,767.56.

D. Accepting Improvements for City Project No. 24-042 "Senior Center Roof & HVAC Replacement" and Authorizing the City Engineer to File a Notice of Completion (Engineering) E. Accepting Improvements for City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility" and Authorizing the City Engineer to File a Notice of Completion (Engineering)
F. Accepting Improvements for City Project No. 23-040 "Water Line Replacement for 2024 Roads Program Construction" and Authorizing the City Engineer to File a Notice of Completion (Engineering)
G. Awarding Bid and Approving an Agreement with Ace-High Engineering for City Project No. 25- 068 "In-Plant Drain Repair" in the Amount of $50,733.00 (Engineering) H. Awarding Bid and Approving an Agreement with Ornamental Solutions Inc. for City Project No. 25-048 "Security Fence Improvements at the Public Safety Facility" (Engineering) I. Approving an Agreement with Websoft Developers, Inc. for a Computerized Maintenance Management System (CMMS) and a Mobile Work Order Management Software System (WQC)
J. Awarding RFB No. 06-2026 and Approving Contract No. 2027-009 with Kemira Water Solutions, Inc. for the Supply and Delivery of Ferric Chloride (WQC) K. Awarding RFB No. 11-2026 and Approving Contract No. 2027-013 with Univar Solutions USA LLC for the Supply and Delivery of Sodium Bisulfite (WQC) L. Awarding RFP No. 2026-RFP-016 and Approving Contract No. 2026-159, in a form approved by the City Attorney, with Microbac Laboratories, Inc. for Laboratory Analysis Services for a period of five (5) years, in a Total not to Exceed Amount of $1,800,000 (WQC) M. Awarding RFB No. 13-2026 and Approving Contract No. 27-14 with Univar Solutions USA LLC for the Supply and Delivery of Sodium Hypochlorite (WQC)(SRWA) N. Approving an Agreement with Zenith Billboards, LLC for Transit Advertising Program Management for a Term of Five (5) years (Transit)
O. Approving an Agreement Between Motorola Solutions and the City of Turlock for Maintenance of the Radio System (Police)
P. Approving an Agreement with Jocelyn E. Roland, PH.D., to Provide Counseling/Psychotherapy Services and Pre-Employment Psychological Evaluations for the Turlock Police Department (Police)

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, June 23, 2026
Next City Council Resolution: 2026-081 Next Ordinance: 1350-CS Q. Approving Amendment No. 3 to an Agreement Between the City of Turlock and Axon Enterprises, Inc., for an Added AI Technology Appendix (Police) R. Approving Amendment No. 3 to an Agreement Between the City of Turlock and Clark Pest Control of Stockton, Inc. for Pest and Weed Control Services, to Increase the Annual Compensation Amount to $106,690 (Purchasing)
S. Appointment of Measure A Local Transactions (Sales) and Use Tax Citizen's Oversight Committee Member (City Clerk)
T. Approve UKG Workforce Management Subscription Services and HRchitect Implementation Agreement for Citywide Timekeeping, Scheduling, and Attendance Improvements (Human Relations)
U. Approving the Adoption of a Memorandum of Understanding Between the City of Turlock and Turlock Associated Police Officers (TAPO) Covering the Period August 1, 2024 Through July 30, 2027 (Human Relations)
V. Approving the Salary Range of Water Resources Analyst II and Amending the Turlock City Employees Association (TCEA) Salary Schedule Effective July 1, 2026 (Human Relations)

9. FINAL READINGS

10. PUBLIC HEARINGS
A. Appeal of the Planning Commission's April 2, 2026 Determination Upholding the Administrative Decision Regarding the Application for Building Permit #25-1123 (Development Services)

11. ACTION ITEMS
A. Approval of Memorandum of Understanding (MOU) Between the City of Turlock and California State University, Stanislaus for the Virtual Turlock Project (Economic Development) B. Appointing John J. Murphy to the Position of City Manager for the City of Turlock and Approving the Related Employment Agreement (Human Relations)

12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS

13. CLOSED SESSION

14. REPORTS FROM CLOSED SESSION

15. ADJOURNMENT

N. Golden State Blvd Pavement
Rehabilitation Project
City Council Presentation
June 23, 2026
(Dels Lane to W. Tuolumne Road)

Taylor

Project Objective
➢ Pavement Rehabilitation
➢ ADA Compliance
➢ Consistent with City’s Active Transportation Plan (ATP) and General Plan (GP)
GSB (Dels to Tuolumne)

Meeting Agenda
➢ Overview of Golden State Blvd
o Process
o Existing Condition
o City ATP and General Plan
➢ Proposed Improvements
o Typical Cross Sections
o Pavement Rehabilitation
o Update Curb Ramps (ADA Compliance)
➢ Project Funding
➢ Project Schedule
GSB (Dels to Tuolumne)

Project Delivery Process
GSB (Dels to Tuolumne)
Preliminary
Engineering
Environmental
Document
&
Final Design
Construction

N. GSB
Divanian
Pedras
UPRR

GSB (Dels to Tuolumne)
Existing Condition
Existing Corridor
UPRR Golden State Blvd Divanian
R/W R/W R/W 135’ 44’
and varying
21’ 24’ varies 36’ 13’ 34’

Preliminary Engineering
➢ Data Collection
➢ Surveying
➢ Geotechnical Investigation
➢ Utilities Research
➢ Conceptual (30%) Design Recommendations
➢ Corridor Typical Cross Sections
➢ Pavement Rehabilitation
GSB (Dels to Tuolumne)

GSB (Dels to Tuolumne)
GP Typical Cross Section
Expressway (6 Lanes)

GSB (Dels to Tuolumne)
Typical Cross Section
Expressway (6 Lanes)

Divanian
Pedras
UPRR
ATP Bike and Ped Gap
N. GSB

N. GSB
Divanian
Pedras
UPRR
Corridor Sidewalk

N. GSB
Divanian
Pedras
UPRR
Corridor Sidewalk

N. GSB
Divanian
Pedras
UPRR
Bike Lanes

N. GSB
Divanian
Pedras
UPRR
Bike Lanes

GSB (Dels to Tuolumne)
Typical Section
Existing Corridor
UPRR Golden State Blvd Divanian
R/W R/W R/W 135’ 44’
and varying

N. GSB
Divanian
Pedras
UPRR
Right of Way

GSB (Dels to Tuolumne)
Typical Section
Ultimate Corridor Recommendation
UPRR Golden State Blvd
Widen Pavement for
Buffered Bike Lane
Widen Pavement for
Buffered Bike Lane
Divanian
R/W R/W R/W 135’ 44’
and varying
Widen into Median
for 3rd Lane
Construct Sidewalk

GSB (Dels to Tuolumne)
Typical Section
Project Corridor Recommendation
UPRR Golden State Blvd
Widen Pavement for
Buffered Bike Lane
Widen Pavement for
Buffered Bike Lane
Divanian
R/W R/W R/W 135’ 44’
and varying
Defer to a Future
Project
Construct Sidewalk

GSB (Dels to Tuolumne)
Typical Section
Project Corridor Recommendation
UPRR Golden State Blvd
Widen Pavement for
Buffered Bike Lane
Widen Pavement for
Buffered Bike Lane
Divanian
R/W R/W R/W 135’ 44’
and varying
Construct Sidewalk

N. GSB
Divanian
Pedras
UPRR
Pavement Rehabilitation
Reconstruct AC Lane
Resurface Concrete Lanes Resurface
Reconstruct Resurface Reconstruct Resurface
Reconstruct

N. GSB
Divanian
Pedras
UPRR
Corridor Traffic Signals

N. GSB
Divanian
Pedras
UPRR
Corridor Landscaping

GSB (Dels to Tuolumne)
Cost Estimate
Project Corridor Recommendation
UPRR Golden State Blvd
Widen Pavement for
Buffered Bike Lane
Widen Pavement for
Buffered Bike Lane
Divanian
Recommended Project Improvements = $11.6M
Deferred Improvements (SB 3rd Lane) = $ 2.4M
Total Ultimate Improvements = $14.0M
R/W R/W R/W 135’ 44’
and varying
Defer to a Future
Project
Construct Sidewalk

N. GSB
Divanian
Pedras
UPRR
Deferred Improvements
Connecting 3rd Lane to Tuolumne
$200k
SB 3rd Lane
$2.2M

GSB (Dels to Tuolumne)
Project Funding
➢ Construction Cost
➢ $11.6M
➢ Measure A
➢ Carbon Reduction Program (CRP)
➢ $2.0M Grant Awarded

GSB (Dels to Tuolumne)
Next Steps
➢ Preliminary Engineering Completed
➢ City Council Presentation June 23, 2026
➢ Public Meeting #1 Summer 2026
➢ Final Design Summer 2026 – Spring 2027
➢ Public Meeting #2 Spring 2027
➢ City Council Presentation Spring 2027
➢ Bidding Summer 2027
➢ Begin Construction Fall 2027

GSB (Dels to Tuolumne)

QUESTIONS

Turlock Transit
Short- and LongRange Transit Plans
Introduction at Turlock City Council
June 23, 2026

Background ▪ Prior Short-Range Transit Plan (SRTP)
adopted in February 2020
▪ Since that time ridership has grown, but
so has operating costs – 80% growth in ridership
(188k in 2019 to 337k in 2024)
– 30% growth in overall operating costs – 55% decrease in fare revenues ▪ The City desires a new SRTP that is
practical, effective and sustainable
▪ Nelson/Nygaard awarded agreement to
complete new SRTP & LRTP

2 Potential goals ▪ Build on past and ongoing successes – Increase awareness of transit – Better understand rider and community needs – Maintain a high level of customer service – Maintain ridership growth, inc. among choice riders ▪ Capitalize on opportunities – Improve coordination with regional partners – Plan for broader capital investments ▪ Balance long-term growth and sustainability – Ensure that recommendations and investments are financially sustainable
– Prioritize tradeoffs between community needs and
budget limitations

3 Project roadmap
4 Understand today’s
performance
▪ Listen to community
input on what works well
and where gaps exist
▪ Analyze existing
conditions
▪ Cocreate project goals
with stakeholders
Recommend shortterm actions
▪ Evaluate a range of service
scenarios
▪ Identify user experience,
comms, and technology
improvements
▪ Refine and prioritize
recommendations based
on community input
Build out a longerterm vision
▪ Cocreate a long-range
vision with community
members and
stakeholders
▪ Establish a 20-year
roadmap for potential
expansion and test its
financial sustainability
Short-Range Long-Range

How can I get involved?
5 Visit our project
website and take our
community survey!
▪ Complete our community survey
– www.turlocktransit.com/plan
▪ Attend a pop-up event
– Multiple locations – early July
▪ Attend a community workshop
– Multiple locations – late July
– Available in English & Spanish
▪ Share with family & friends
– We want to hear from all stakeholders
▪ Pop-up and community meeting details
available on the project website
▪ Look out for surveyors onboard the bus
– Gathering data with onboard surveys
– Surveyors will have IDs

City Council Special Meeting
Minutes
June 9, 2026
5:30 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California

1. CALL TO ORDER
Mayor Bublak called the meeting to order at 5:30 PM.

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 Abram and carried 5/0 by the following vote:

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

5. PUBLIC PARTICIPATION - LIMITED TO ITEMS LISTED ON THE AGENDA Mayor Bublak opened public comment at 5:31 PM and the following member of the public spoke:

Mary Jackson
With no further comments, Mayor Bublak closed public comment at 5:33 PM.

6. CLOSED SESSION
City Clerk Fiez read the closed session item out loud.

City Clerk Fiez opened the item for public comment at 5:34 PM. There were no comments from the public, and City Clerk Fiez closed public comment at 5:34 PM.

A. Public Employee Appointment, Cal. Gov’t Code §54957
Title: Interim City Manager

CITY OF TURLOCK

CITY COUNCIL

SPECIAL MEETING MINUTES
Tuesday, June 9, 2026

7. REPORTS FROM CLOSED SESSION
None

8. ADJOURNMENT
A.

I, Nichole Fiez, City Clerk of the City of Turlock, hereby certify that the foregoing Special Meeting was called by the Mayor in accordance with Government Code section 54956, and that the agenda was posted at least 24 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.

Mayor Bublak adjourned the meeting at 5:59 PM.

Respectfully Submitted,
__________________________
Kelly Renteria, Deputy City Clerk

City Council Meeting
Minutes
June 9, 2026
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California

1. CALL TO ORDER
Mayor Bublak called the meeting to order at 6:00 PM.

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 Abram and carried 5/0 by the following vote:

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

5. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS,

PRESENTATIONS, AND BRIEFINGS
A. Presentation: Turlock Partnership Incentive Program Check Presentation: Grace & Ember Spa (Economic Development)
Economic Development Director Sims presented the check to the owners of Grace & Ember Spa.

B. Presentation: Beam Circular (Economic Development)
Economic Development Director Sims introduced the item and Bree Gonzalez, Senior Manager of Community Partnerships, delivered a presentation regarding Beam Circular.

C. Appointment: Measure A - Local Transactions (Sales) and Use Tax Citizen's Oversight Committee
Mayor Bublak recommended Cindy Carnes to the Measure A - Local Transactions and Use Tax Citizen's Oversite Committee.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
Action: Approved Motion: by Vice Mayor Monez, seconded by Councilmember Abram, to approve the appointment of Cindy Carnes to the Measure A Local Transaction and Use Tax Citizen's Oversite Committee. Motion carried 5/0 by the following vote:

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

6. PUBLIC PARTICIPATION
Mayor Bublak opened public comment at 6:21pm and the following members of the public spoke:

Kim Culebro
Shawn Sheridan
Milt Trieweiler
Mike Barco
Ron Bridegroom
Mary Jackson
With no further comments, Mayor Bublak closed public comment at 6:40 PM.

7. CITY MANAGER REPORTS/UPDATES
A. Monthly Department Reports

8. CONSENT CALENDAR
Mayor Bublak opened public comment at 6:40 PM and the following member of the public spoke:

Ron Bridegroom
With no further comments, Mayor Bublak closed public comment at 6:42 PM.

Action: Motion: by Councilmember Abram, seconded by Vice Mayor Monez, to adopt the Consent Calendar and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor
Monez
Councilmember
Phillips
Mayor
Bublak
Yes Yes Yes Yes Yes
A. Accepting the Minutes of the May 26, 2026 Regular City Council Meeting and the May 27, 2026 Special City Council Meeting
Action: Approved Motion: Accepting the Minutes of the May 26, 2026 Regular City Council Meeting and the May 27, 2026 Special City Council Meeting

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
B. Accepting the Weekly Demands of May 8, 2026 through May 14, 2026 in the Amount of $2,033,134.45, Accounts Payable EFT March 1, 2026 through March 31, 2026 in the amount of $126,143.26, Payroll EFT January 1, 2026 through January 31, 2026 in the Amount of $2,780,479.61 and Weekly Demands of May 15, 2026 through May 21, 2026 in the Amount of $1,685.177.97.

Action: Approved Motion: Accepting the Weekly Demands of May 8, 2026 through May 14, 2026 in the Amount of $2,033,134.45, Accounts Payable EFT March 1, 2026 through March 31, 2026 in the amount of $126,143.26, Payroll EFT January 1, 2026 through January 31, 2026 in the Amount of $2,780,479.61 and Weekly Demands of May 15, 2026 through May 21, 2026 in the Amount of $1,685.177.97.

C. Calling for the Holding of a General Municipal Election, Consolidate the Elections with Stanislaus County, and Adopting Regulations Regarding Candidate Statements (City Clerk) Action: Approved Resolution No. 2026-065: Calling for the holding of a General Municipal Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and the Turlock Municipal Code
Action: Approved Resolution No. 2026-067: Requesting the Board of Supervisors of the County of Stanislaus to consolidate a General Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code and requesting the Board of Supervisors of the County of Stanislaus to permit the Stanislaus County Registrar of Voters to render specific services to the City of Turlock relating to the conduct of the General Municipal Election Action: Approved Resolution No. 2026-066: Adopting regulations for candidates for elective office pertaining to Candidate Statements submitted to the voters at a General Municipal Election to be held on Tuesday, November 3, 2026, and setting the deposit fee which will be required of candidates who elect to have a Candidate Statement printed in the ballot pamphlet for said Election
D. Approving an Agreement with Atkinson, Andelson, Loya, Ruud & Romo to Provide Labor Negotiation and Labor/Employment Law Services (Human Relations) Action: Approved Motion: Approving an agreement with the law firm of Atkinson, Andelson, Loya, Ruud & Romo to provide labor negotiation, labor/employment law to the City of Turlock pursuant to an updated attorney representation agreement effective July 1, 2026 for a one (1) year term, in a total maximum not to exceed contract amount of $300,000 to be paid from "General Fund" account number 110-10-109.4310 "Contract Attorney".

E. Approving Agreement with Chemtrade Chemicals US LLC for the Purchase of Aluminum Sulfate for an Annual Amount Not to Exceed $160,000.00 for a Term of One (1) Year (SRWA) Action: Approved Motion: Approving an agreement (City Contract No. 2027-011) with Chemtrade Chemicals Corporation US LLC, pursuant to the Bay Area Chemical Consortium (BACC) cooperative agreement Bid No. 01-2026 for the supply and delivery of Aluminum Sulfate, commencing July 1, 2026, for a period of one (1) year, in a total not-to-exceed

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
amount of $160,000, for the Stanislaus Regional Water Authority (SRWA), to be expensed to Fund 450 "SRWA Operations," in accordance with Turlock Municipal Code Section 2-7- 08(b)(5) allowing use of joint, cooperative, or leveraged purchasing plans without requiring an additional City bid procedure.

F. Accepting Improvements for City Project No. 24-004 "WQC Admin Building Reroof" and Authorizing the City Engineer to File a Notice of Completion (Engineering) Action: Approved Motion: Accepting improvements for City Project No. 24-004 "WQC Admin Building Reroof" and authorizing the City Engineer to file a Notice of Completion.

G. Approving an Agreement with Urban SDK, Inc. for Roadway Traffic Data Software Services through June 30, 2030 (Engineering)
Action: Approved Motion: Approving an Agreement between the City of Turlock and Urban SDK, Inc. for roadway traffic data software platform services for the contract term beginning July 1, 2026 through June 30, 2030, and authorizing the City Manager to execute the Agreement.

H. Adopting a List of Projects and Expenses for Fiscal Year 2026-27 Funded By SB 1: The Road Repair and Accountability Act of 2017 (Municipal Services) Action: Approved Resolution No. 2026-068: Adopting a list of projects and expenses for Fiscal Year 2026-27 funded by SB 1: The Road Repair and Accountability Act of 2017 I. Awarding Bid and Approving an Agreement with United Pavement Maintenance, Inc. for City Project No. 26-026 "Water Line Replacement on Lyons Avenue" in the Amount of $733,242.70 (Engineering)
Action: Approved Motion: Awarding bid and approving an Agreement with United Pavement Maintenance, Inc. of Hughson, California in the amount of $733,242.70 and authorizing a construction contingency amount of $75,000.00 (10.0%) for the construction of City Project No. 26-026 "Water Line Replacement on Lyons Avenue" to be funded by Fund 420 "Water Enterprise”.

Action: Approved Resolution No. 2026-069: Determining the award of bid for the construction of City Project No. 26-026 "Water Line Replacement on Lyons Avenue" is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

J. Rescinding Resolution 2002-073 and Approving a Citywide E-mail Policy (City Manager's Office)
Action: Approved Resolution No. 2026-078: Rescind Resolution 2002-073 Action: Approved Resolution No. 2026-070: Approve a Citywide E-mail Policy K. Approval of Revised Job Descriptions, New Job Descriptions, Reclassifications, and Salary

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
Schedule Amendments Effective July 1, 2026 (Human Relations) Action: Approved Resolution No. 2026-071: Approving Multiple Job Descriptions, Establishing New Classification, Reclassifying Positions, and Amending Management and TCEA Salary Schedule Effective July 1, 2026

9. FINAL READINGS
A. Second and Final Reading of an Ordinance Amending the Development Agreement between the City of Turlock and the Evergreen Market dba FF Farms at 101 E. Glenwood Avenue. (Development Services)
Mayor Bublak opened the item for public comment at 6:43 PM. There were no comments from the public, and Mayor Bublak closed public comment 6:43 PM.

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
Action: Approved Ordinance 1345-CS: Amending terms and extending the Development Agreement between the City of Turlock and Evergreen Market dba FF Farms B. Second and Final Reading of an Ordinance Amending the Development Agreement Between the City of Turlock and NHC Turlock LLC located at 3401 W Monte Vista Avenue (Development Services)
Mayor Bublak opened the item for public comment at 6:43 PM. There were no comments from the public, and Mayor Bublak closed public comment at 6:43 PM.

Motioned by Vice Mayor Monez, seconded by Councilmember Abram and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Ordinance 1346-CS: Amending terms and extending the Development Agreement between the City of Turlock and NHC Turlock LLC
C. Second and Final Reading of an Ordinance Amending the Development Agreement Between the City of Turlock and Perfect Union located at 2500 N Golden State Boulevard (Development Services)
Mayor Bublak opened the item for public comment at 6:43 PM. There were no comments from

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
the public, and Mayor Bublak closed public comment at 6:43 PM.

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
Action: Approved Ordinance 1347-CS: Amending terms and extending the Development Agreement between the City of Turlock and Perfect Union
D. Second and Final Reading of an Ordinance Amending the Development Agreement Between the City of Turlock and Fire House Turlock, Inc. located at 1601 West Main Street (Development Services)
Mayor Bublak opened the item for public comment at 6:43 PM. There were no comments from the public, and Mayor Bublak closed public comment at 6:43 PM.

Motioned by Vice Mayor Monez, seconded by Councilmember Abram and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Ordinance 1348-CS: Amending terms and extending the Development Agreement between the City of Turlock and Fire House Turlock, Inc.

E. Second and Final Reading of an Ordinance Amending the Development Agreement Between the City of Turlock and Plan4Dream Investments LLC at 600 D Street (Development Services) Mayor Bublak opened the item for public comment at 6:44 PM. There were no comments from the public, and Mayor Bublak closed public comment at 6:44 PM.

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
Action: Approved Ordinance 1349-CS: Amending terms and extending the Development Agreement between the City of Turlock and Plan4Dream Investments LLC.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026

10. PUBLIC HEARINGS
A. Receive Informational Report Regarding City of Turlock Vacancies and Recruitment and Retention Efforts Pursuant to Assembly Bill 2561/Government Code Section 3502.03 (Human Relations)
This item was presented by Human Relations Director Dhami.

Officer Greg Roton spoke on behalf of the Turlock Associated Police Officers.

Mayor Bublak opened public comment at 6:53 PM, and the following members of the public spoke:

Ron Bridegroom
Bob Puffer
With no further comments, Mayor Bublak closed public comment at 6:55 PM.

Motioned by Vice Mayor Monez, seconded by Councilmember Abram and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Motion: Receive informational report regarding City of Turlock Vacancies and Recruitment and Retention Efforts pursuant to Assembly Bill 2561/Government Code Section 3502.03

11. ACTION ITEMS
A. Engage in discussion and provide direction to staff regarding a Cannabis Tax Ballot Measure (Finance)
This item was presented by Finance Director Moreno.

Mayor Bublak opened public comment at 7:02pm and the following members of the public spoke:

Bob Puffer
Ron Bridegroom
Name not provided
With no further comments, Mayor Bublak closed public comment at 7:06 PM.

Motioned by Vice Mayor Monez not to bring a cannabis tax ballot measure, seconded by Councilmember Phillips and carried 3/2 by the following vote:

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
No No Yes Yes Yes
Action: Approved Motion: Not to bring forth a cannabis tax ballot measure.

B. Approving the Agreements Between the City of Turlock and Each of the Public Service Agencies Funded Through the Community Development Block Grant (CDBG) for Fiscal Year 2026-2027 (Housing)
Housing Manager Jennifer Figerora.

Mayor Bublak opened public comment at 7:14 PM and the following members of the public spoke:

Ron Bridegroom
Julie Fox
Cory Mai
With no further comments, Mayor Bublak closed public comment at 7:18 PM.

Motioned by Vice Mayor Monez, seconded by Councilmember Abram and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Resolution No. 2026-072: Approving the agreements between the City of Turlock and each of the public service agencies funded through the Community Development Block Grant (CDBG) for fiscal year 2026-2027 in a total amount not to exceed $115,000 from Fund 255 “CDBGHousing”, and authorizing the Interim City Manager or designee to execute all related and necessary documents.

C. Appointing an Interim City Manager and Approving Compensation (Human Relations) This item was presented by Human Relations Director Dhami.

Mayor Bublak opened public comment at 7:23 PM and the following members of the public spoke:

Milt Trieweiler
Bob Puffer
Rob Bridegroom
With no further comments, Mayor Bublak closed public comment at 7:29 PM.

Motioned by Councilmeber Abram, seconded by Councilmember Bixel and carried 5/0 by the

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Resolution No. 2026-073: Christopher Fisher to serve as Interim City Manager effective June 9, 2026, salary range 45.7, Step 3 of the Management Salary Schedule D. Updates to Public Meeting Access, Participation, and Conduct Policies (City Manager's Office)
City Clerk Fiez presented the item.

Mayor Bublak opened public comment at 7:40 PM and the following member of the public spoke:

Ron Bridegroom
With no further comments, Mayor Bublak closed public comment at 7:42 PM.

Motioned by Councilmember Abram, seconded by Vice Mayor Monez and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Resolution No. 2026-074: Adopting a Policy Addressing Disruption of Telephonic or Internet Services During Public Meetings
Approved Resolution No. 2026-075: Determining Reasonable Efforts to Encourage Public Participation In Meetings
Approved Resolution No. 2026-076: Rescinding Resolution 2011-162 Approved Resolution No. 2026-077: Adopting a Policy Addressing Disruptive Behavior During City Council Meetings
E. Discuss and adopt the City of Turlock Fiscal Year 2026-2027 General and Non-General Fund Budgets (Finance)
This item was presented by Finance Director Moreno.

Mayor Bublak opened public comment at 8:03 PM and the following member of the public spoke:

Ron Bridegroom

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
With no further comments, Mayor Bublak closed public comment at 8:05 PM.

Motioned by Councilmember Abram, seconded by Vice Mayor Monez and carried 5/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Yes Yes Yes
Action: Approved Resolution No. 2026-079: Adopting the City of Turlock Fiscal Year 2026-2027 General and Non-General Fund Budgets
Approved Resolution No. 2026-080: Finding said funds for City costs associated with the 2026 Independence Day Event(s) to be in the best interest of the City

12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS Councilmember Abram welcomed newly appointed Interim City Manager Chris Fisher, expressed appreciation to Code Enforcement and Sergeant Parmley, and extended well wishes to Gary Hampton.

Councilmember Bixel welcomed Chris Fisher to his new role, extended well wishes to Gary Hampton and his family, and expressed gratitude to City employees for their continued service.

Vice Mayor Monez reminded the public to approach the public comment portion of the agenda with thoughtful consideration. She also welcomed Chris Fisher, offered prayers for Gary Hampton, and thanked Captain Rodriguez for his continued service and dedication.

Councilmember Phillips expressed appreciation to Deputy Fire Chief Jelnik on the occasion of his retirement.

Mayor Bublak shared that a topic discussed at a recent conference was the increasing cost of fire truck engines and ladders due to limited manufacturing competition. She congratulated Ericka Phillips on her first-place achievement. Mayor Bublak also noted upcoming changes from the Environmental Protection Agency (EPA) that may benefit the community, and highlighted the forthcoming “Virtual Turlock” project, a collaboration with the University.

13. CLOSED SESSION
City Clerk Fiez read the closed session items out loud.

City Clerk Fiez opened the item for public comment at 8:14 PM. There were no comments from the public, and City Clerk Fiez closed public comment at 8:14 PM.

A. Conference with Labor Negotiator, Cal. Gov’t Code §54957.6(a) Agency Designated Representative: Mayor Amy Bublak
Unrepresented Employee: City Manager
B. Public Employee Appointment, Cal. Gov’t Code §54957

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, June 9, 2026
Title: City Manager
C. Conference with Legal Counsel – Anticipated Litigation, Cal. Gov’t Code §54956.9(d)(2) Significant exposure to litigation: (3 potential cases), including Government Claims Act Claim Nos. FR103280 and FR103903

14. REPORTS FROM CLOSED SESSION
None

15. ADJOURNMENT
Mayor Bublak adjourned the meeting at 9:06 PM.

Respectfully Submitted,
__________________________
Kelly Renteria, Deputy City Clerk

City Council Staff Report
June 23, 2026
From: Will Richards, Acting Municipal Services Director Prepared by: Charlotte Calvario, Engineering Project Coordinator Agendized by: Christopher Fisher, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Accepting improvements for City Project No. 24-042 “Senior Center Roof & HVAC Replacement” and authorizing the City Engineer to file a Notice of Completion.

2. NARRATIVE:

The Turlock Senior Center roof system, particularly the flat roof area, has experienced ongoing deterioration and water intrusion during recent rainy seasons. While temporary repairs were previously completed to mitigate immediate leaks, the roof had reached the end of its service life and required full replacement to prevent continued damage to the facility. Additionally, several rooftop HVAC units serving the building were aging and nearing the end of their useful lives, resulting in increased maintenance needs and reduced reliability.

On September 9, 2025, the City Council approved an agreement in the amount of $272,000 with Pacific Polymers Inc., of Herald, California for construction of City Project No. 24-042 “Senior Center Roof & HVAC Replacement.” This project included removal and replacement of the existing flat roof system and the replacement of three rooftop HVAC units to help ensure the facility remains safe, dry, and comfortable for the seniors and community members who rely on the Senior Center.

All work has been completed per the contract documents. City staff requests Council's approval of authorization for the City Engineer to file a Notice of Completion.

Change Order Summary:

A contingency amount for change orders in the amount of $27,200 (10%) was approved with award of the construction agreement. All change orders were approved by the City Engineer in conformance with the City's change order policy outlined in Resolution No. 2025-007.

A summary of work included in contract change orders is provided below. • Contract Change Order 1 includes a fully tapered slope solution for the entirety of the

Agenda Staff Report
6/23/2026
roof. The project specifications required only minor tapers along low points. This change was recommended for the entire flat roof to have a tapered slope to allow for water to drain more completely and reduce the risk of future leaks.
• Contract Change Order 2 includes the installation of new flat roof drains as the existing were deteriorated.
• Contract Change Order 3 includes a credit to reconcile the remaining bid allowance for repairs as well as assess delay damages for seven (7) working days past the Substantial Completion due date.

3. FISCAL IMPACT / BUDGET AMENDMENT:

NOTE: No General Fund money was used for this project.

Fund 258 “Housing Stimulus Funds” general ledger account number 258-41-498.47218_002 “Public Improvements Senior Center” is the designated account for all project expenses during the construction phase in Fiscal Year 2025-26.

The total project costs are presented in the table below.

There is adequate funding remaining in the project's general ledger account number for remaining expenses and no additional funds are necessary or requested to be appropriated at this time.

4. ENVIRONMENTAL DETERMINATION:

This action is exempt from CEQA per Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines as this section exempts projects that involve negligible expansion of use of the existing facility. This project includes the repair and replacement of existing pipelines and manholes and does not include an expansion of land use.

5. ALTERNATIVES:

Council could choose to deny authorizing the City Engineer to file the Notice of Completion.

Staff does not recommend this alternative as all work has been completed in accordance with the contract documents.

6. ATTACHMENTS:

Agenda Staff Report
6/23/2026

1. Notice of Completion

2. Final Quantities

Attachment A
RECORDED AT THE REQUEST OF:

CITY OF TURLOCK
WHEN RECORDED MAIL TO:

CITY OF TURLOCK

OFFICE OF THE CITY CLERK
156 S. BROADWAY, SUITE 230
TURLOCK, CA 95380-5454

NOTICE OF COMPLETION
CITY PROJECT NO. 24-042

SENIOR CENTER ROOF & HVAC REPLACEMENT
Notice is hereby given that work on the above-referenced project located at 1191 Cahill St. Turlock CA 95380 was completed by the undersigned agency on June 23rd, 2026. The contractor of work is Pacific Polymers Inc. of Herald, California, 95638 and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California, 95380. Kindly refer to said Project Number on all communications relating to this work.

Date:
(Signature- William D. Morris, P.E., City Engineer, Owner’s Agent), City of Turlock

VERIFICATION
I, the undersigned, City Engineer of the owner of the aforesaid interest, have read this notice; I know and understand the contents thereof; and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

CITY OF TURLOCK
___________________________
WILLIAM D. MORRIS, P.E.

CITY ENGINEER
OWNER’S AGENT
Executed on June 24th, 2026 at Turlock, California, Stanislaus County

FINAL QUANTITIES
24-042Senior Center Roof & HVAC Replacement
Item Unit Contractor's Final Actual Final Actual Bid Bid Total No. of Measure Unit Price Quantities Amount Quantities Amount Difference 1 LS 2,000.00$ 1.00 2,000.00$ 1.00 2,000.00$ -$ 2 LS 9,000.00$ 1.00 9,000.00$ 1.00 9,000.00$ -$ 3 ALLOW 10,000.00$ 0.74 7,400.00$ 1.00 10,000.00$ (2,600.00)$ 4 LS 136,000.00$ 1.00 136,000.00$ 1.00 136,000.00$ -$ 5 LS 1,000.00$ 1.00 1,000.00$ 1.00 1,000.00$ -$ 6 LS 1,000.00$ 1.00 1,000.00$ 1.00 1,000.00$ -$ 7 LS 18,000.00$ 1.00 18,000.00$ 1.00 18,000.00$ -$ 8 LS 18,000.00$ 1.00 18,000.00$ 1.00 18,000.00$ -$ 9 LS 18,000.00$ 1.00 18,000.00$ 1.00 18,000.00$ -$ 10 LS 18,000.00$ 1.00 18,000.00$ 1.00 18,000.00$ -$ 11 LS 18,000.00$ 1.00 18,000.00$ 1.00 18,000.00$ -$ 12 LS 2,000.00$ 1.00 2,000.00$ 1.00 2,000.00$ -$ 13 LS 1,000.00$ 1.00 1,000.00$ 1.00 1,000.00$ -$ 14 LS 20,000.00$ 1.00 20,000.00$ 1.00 20,000.00$ -$ 269,400.00$ 272,000.00$ (2,600.00)$
C.O. #

1.1 LS 11,455.00$ 1.00 11,455.00$ 0 -$ 11,455.00$ 2.1 LS 3,026.00$ 1.00 3,026.00$ 0 -$ 3,026.00$ 3.1 LS 591.00$ 1.00 591.00$ 0 -$ 591.00$ 3.2 LS (10,500.00)$ 1.00 (10,500.00)$ 0 -$ (10,500.00)$ 4,572.00$ -$ 4,572.00$
TOTAL PROJECT = 273,972.00$ 272,000.00$ 1,972.00$
Roof Demolition
Allowance for Repairs
Flat Roof Replacement - 60 mil PVCRemove miscellaneous roof appurtenancesRoof Walkway PadsSenior Center HVAC Unit 1 - 7.5 Ton (East Side)Senior Center HVAC Unit 1 - 7.5 Ton (West Side) Senior Center HVAC Unit1 - 3.5 Ton (East Side)CHANGE ORDERSTapered SolutionRoof Drains SUB-TOTAL CHANGE ORDER ITEMS =
Mechanical Equipment Screening
Additive Bid Alternate - KEE in lieu of 60 mil PVC
Item Description
Senior Center - MAU Evaporative Cooler
All other work not included in other bid items
City Project No:

Project Title:

Delay Damages
Adjustment for Allowance Total
Roof Curbs for HVACMobilization & Demobilization
SUB-TOTAL CONTRACT ITEMS =

City Council Staff Report
June 23, 2026
From: Will Richards, Acting Municipal Services Director Prepared by: Oscar Molina, Assistant Engineer
Agendized by: Christopher Fisher, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Accepting improvements for City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility" and authorizing the City Engineer to file a Notice of Completion.

2. NARRATIVE:

On October 28, 2025, City Council awarded an agreement with New Century Construction, Inc of Turlock, California for construction of City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility". The purpose of this project is to improve restrooms and building accessibility at both the Senior Center and the Marty Yerby Recreational Facility.

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

Senior Center
• Remove and replace all exterior doors and frames with new hollow metal doors and frames
• Provide an automatic door opener at two of the building entrances to allow access in accordance with the Americans with Disabilities Act (ADA) • Install touchless faucets and toilets in the restrooms • Remove and replace an existing drinking fountain
Marty Yerby Recreational Facility
• Remove all Fiber Reinforced Plastic (FRP) wall treatments in the restrooms and install tile on walls and floors
• Remove and replace all restroom plumbing fixtures with touchless style fixtures • Remove stall partitions and convert the male and female restrooms into two unisex restrooms to allow for access in accordance with ADA
• Modify the existing front door entrance to provide an automatic door opener to allow access in accordance with ADA
• Install new lighting, lighting controls, and exhaust fans in the restrooms Change Order Summary:

Amount Approval Date
Original Contract $141,400.00 10/28/2025
Change Order No. 01 $4,350.00 12/11/2025

Agenda Staff Report
6/23/2026
Change Order No. 02 $9,565.00 3/23/2026
Change Order No. 03 ($3,500.00) 5/5/2026
Change Order No. 04 (Final) $900.00 6/4/2026
Adjusted Total Contract $152,715.00
Change Orders No. 01, 02, 03, and 04 were approved by the City Engineer in accordance with the City's change order policy identified in Resolution 2025-007.

A summary of work performed by change order is provided below. • Change Order No. 01 - $4,350.00
o Fur out walls in restrooms at the Marty Yerby Facility to bring the grab bars closer to toilets to meet ADA requirements. Due to the configuration of the concrete slab and plumbing system in the Marty Yerby Facility, toilets could not be re-plumbed as planned to be located closer to walls. o Provide temporary restroom facilities to accommodate events held at the Senior Center during the construction phase.
• Change Order No. 02 - $9,565.00
o Reconfigure three doors to swing outward to improve access to the women's stalls at the Senior Center.
o Installation of retrofitted sensors to the new toilets to reduce touch points. o Swapping out the originally specified paper towel and soap dispensers with model that allow for bulk resupply to match other City facilities. • Change Order No. 03 - ($3,500.00)
o Final quantities adjustment consisting of a credit back to City for a bid item for painting that was not needed.
• Change Order No. 04 - $900.00
o Installation of a door pull handle differing from the handle specified.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total project costs are presented below:

Description Cost
Preliminary Engineering
- City Staff
$50,930.94
Adjusted Construction Contract
- New Century Construction
$152,715.00
Construction Engineering
- City Staff
$16,000.00
Architect Fee
- RED Inc Architects
$27,500.00

Agenda Staff Report
6/23/2026
Asbestos Survey
- Kenneth Craig Horillo
$2,500.00
Building Permit Fee $11,362.97
Total Project Costs $261,008.91
The projects' costs above were expended as presented below:

Project costs prior to Fiscal Year 2025-2026 $55,419.64 Project costs in Fiscal Year 2025-2026 $205,589.27
Total Project Costs $261,008.91
Out of the $261,008.91 costs expended in Fiscal Year 2025-26, half is expended out of Fund 258 "Housing Stimulus Funds account number 258-41-498.47218_001 "Public Improvements Marty Yerby" and the other half is expended out of Fund 258 "Housing Stimulus Funds" account number 258-41-498.47218_002 "Public Improvements Senior Center". There is adequate funding in each account number and an appropriation is not required.

4. ENVIRONMENTAL DETERMINATION:

On October 28, 2025, the City Council determined the project to be exempt from the provisions of CEQA in accordance with Section 15301 (Existing Facilities) of the CEQA guidelines as the project involves negligible or no expansion of use in the existing facilities.

5. ALTERNATIVES:

A. Council could choose to deny authorizing the City Engineer to file the Notice of Completion. Staff does not recommend this alternative. The project is complete, and recordation of a Notice of Completion is the appropriate and customary step to formally close out the contract and establish the statutory claim periods available to any subcontractors or suppliers who provided services under the contract.

6. ATTACHMENTS:

1. Notice of Completion

2. Final Quantities

Attachment A
RECORDED AT THE REQUEST OF:

CITY OF TURLOCK
WHEN RECORDED MAIL TO:

CITY OF TURLOCK

OFFICE OF THE CITY CLERK
156 S. BROADWAY, SUITE 230
TURLOCK, CA 95380-5454

NOTICE OF COMPLETION
CITY PROJECT NO. 24-036

RENOVATIONS AT SENIOR CENTER AND MARTY YERBY RECREATIONAL

FACILITY
Notice is hereby given that work on the above-referenced project located at 1911 Cahill Street and 600 Columbia Street within the City of Turlock, CA was completed by the undersigned agency on June 23, 2026. The contractor of work is New Century Construction, Inc, California, and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California. Kindly refer to said Project Number on all communications relating to this work.

Date:
(Signature- William D. Morris, P.E., City Engineer, Owner’s Agent), City of Turlock

VERIFICATION
I, the undersigned, City Engineer of the owner of the aforesaid interest, have read this notice; I know and understand the contents thereof; and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

CITY OF TURLOCK
___________________________
WILLIAM D. MORRIS, P.E.

CITY ENGINEER
OWNER’S AGENT
Executed on June 24, 2026 at Turlock, California, Stanislaus County

FINAL QUANTITIES
City Project No: 24-036
Project Title: Renovations at Senior Center and Marty Yerby Recreational Facility Item Unit Contractor's Final Actual Final Actual Bid Bid Total No. of Measure Unit Price Quantities Amount Quantities Amount Difference 1 LS $ 5,000.00 1.00 $ 5,000.00 1.00 $ 5,000.00 $ -
2 LS $ 5,000.00 1.00 $ 5,000.00 1.00 $ 5,000.00 $ -
3 EA $ 2,700.00 6.00 $ 16,200.00 6.00 $ 16,200.00 $ -
4 EA $ 1,500.00 2.00 $ 3,000.00 2.00 $ 3,000.00 $ -
5 EA $ 4,500.00 2.00 $ 9,000.00 2.00 $ 9,000.00 $ -
6 ALLOW $ 3,500.00 0.00 $ - 1.00 $ 3,500.00 $ (3,500.00) 7 LS $ 1,000.00 1.00 $ 1,000.00 1.00 $ 1,000.00 $ -
8 EA $ 200.00 6.00 $ 1,200.00 6.00 $ 1,200.00 $ -
9 EA $ 1,450.00 14.00 $ 20,300.00 14.00 $ 20,300.00 $ - 10 LS $ 4,900.00 1.00 $ 4,900.00 1.00 $ 4,900.00 $ -
11 EA $ 850.00 2.00 $ 1,700.00 2.00 $ 1,700.00 $ -
12 LS $ 4,300.00 1.00 $ 4,300.00 1.00 $ 4,300.00 $ -
13 LS $ 2,000.00 1.00 $ 2,000.00 1.00 $ 2,000.00 $ -
$ 73,600.00 $ 77,100.00 $ (3,500.00)
1 LS $ 5,000.00 1.00 $ 5,000.00 1.00 $ 5,000.00
2 LS $ 5,000.00 1.00 $ 5,000.00 1.00 $ 5,000.00
3 EA $ 4,500.00 1.00 $ 4,500.00 1.00 $ 4,500.00
4 EA $ 4,500.00 1.00 $ 4,500.00 1.00 $ 4,500.00
5 LS $ 10,000.00 1.00 $ 10,000.00 1.00 $ 10,000.00
6 LS $ 1,000.00 1.00 $ 1,000.00 1.00 $ 1,000.00
7 LS $ 5,000.00 1.00 $ 5,000.00 1.00 $ 5,000.00
8 LS $ 9,800.00 1.00 $ 9,800.00 1.00 $ 9,800.00
9 EA $ 200.00 3.00 $ 600.00 3.00 $ 600.00
10 LS $ 2,000.00 1.00 $ 2,000.00 1.00 $ 2,000.00
11 EA $ 2,200.00 4.00 $ 8,800.00 4.00 $ 8,800.00
12 LS $ 1,250.00 1.00 $ 1,250.00 1.00 $ 1,250.00
13 EA $ 850.00 1.00 $ 850.00 1.00 $ 850.00
14 EA $ 1,000.00 2.00 $ 2,000.00 2.00 $ 2,000.00
15 LS $ 4,000.00 1.00 $ 4,000.00 1.00 $ 4,000.00
$ 64,300.00 $ 64,300.00 $ -
C.O. #
1 LS $ 4,350.00 1.00 $ 4,350.00 $ 4,350.00
2 LS $ 9,565.00 1.00 $ 9,565.00 $ 9,565.00
4 LS $ 900.00 1.00 $ 900.00 $ 900.00
$ 14,815.00 $ - $ 14,815.00
$ 152,715.00 $ 141,400.00 $ 11,315.00
Change Order #4
TOTAL PROJECT =
Remove Existing Improvements
Hollow Metal Doors, Frames, and Hardware
Access and Actuators
Openers
Allowance - Wall Paint
Occupant Load Sign
Paint Doors
Mechanical - Plumbing Connections

CHANGE ORDERS
Change Order #1
Change Order #2
SUB-TOTAL CHANGE ORDER ITEMS =
Occupant Load Sign
Painting Interior Walls and Ceiling
Exhaust Fans
Mobilization and Demobilization
SUB-TOTAL CONTRACT ITEMS =
SUB-TOTAL CONTRACT ITEMS =
Item Description
Mechanical - Drinking Fountain
Electrical - J Box
Electrical - Electrical Metallic Tubing
Any Work Not Included in the Bid Items Above
Senior Center Bid Schedule
Marty Yerby Bid Schedule
Mobilization and Demobilization
Remove Existing Improvements
Access and Actuators
Openers
Wall Modification
Any Work Not Included in the Bid Items Above
Electrical - J Box
Tile Installation
Paint Doors
Toilet Accessories and Restroom Signage
Mechanical - Plumbing Connections
Electrical - Electrical Metallic Tubing

City Council Staff Report
June 23, 2026
From: Will Richards, Acting Municipal Services Director Prepared by: Janine Lee, Associate Engineer
Agendized by: Christopher Fisher, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Accepting Improvements for City Project No. 23-040 "Water Line Replacement for 2024 Roads Program Construction" and Authorizing the City Engineer to File a Notice of Completion (Engineering)

2. NARRATIVE:

On May 14, 2024, City Council approved an agreement with United Pavement Maintenance, Inc., of Hughson, California for the construction of City Project No. 23-040 "Water Line Replacement for 2024 Roads Program Construction.” Construction has been completed in accordance with the approved plans and specifications.

The purpose of City Project No. 23-040 "Water Line Replacement for 2024 Roads Program Construction" was to install new water main pipe, service laterals, and storm drain pipe prior to the rehabilitation of the asphalt concrete road segments that were part of the 2024 Roads Program Construction projects. The new water main pipes are located at various locations within the City, including:
• South Laurel Street
• El Capitan Drive
• La Linda Court
• Florence Street
• Lexington Avenue
The new storm drain pipes are located on El Capitan Drive and La Linda Court.

The main elements of the scope of work for this project consisted of:
• Install 5,780 lineal feet of PVC water main pipe and abandon the existing water main pipe in place
• Install 114 new water service laterals to customers along the alignment of the new water main pipe
• Install 1,272 lineal feet of storm drain pipe
• Install 13 new fire hydrant assemblies
• Trench restoration
Change Order Summary:

Agenda Staff Report
6/23/2026
A contingency amount for change orders in the amount of $268,825 was approved with the award of the construction agreement. Change Orders No. 1 and No. 2 were approved by the City Engineer and Change Order No. 3 was approved by the City Manager in accordance with the City’s change order policies identified in Resolution No. 2025-007.

Change Order No. 1 in the amount of $47,184.63 included the following:
• A credit to the City for storm drain work not required on El Capitan Drive. • Additional work at water line connections on Florence St. due to deeper excavations than anticipated, unanticipated utility conflicts, and adjustments necessary due to improvements constructed by the Roads Program project not reflected in this project’s design plans.

Change Order No. 2 in the amount of $84,339.36 included the following:
• Additional work performed at force account to lower the existing 12-in water line on Berkeley Avenue discovered to be in conflict with the proposed 18-in storm drain.
• Additional work performed at force account on S. Laurel Street and El Capitan Drive due to unforeseen utility conflicts and shallow utilities that needed to be lowered.

Change Order No. 3 (Final) in the amount of $10,551.23 included the following:
• Additional work performed at force account to perform investigation and repair work related to a leak detected on a Turlock Irrigation District (TID) pipeline crossing the new water line.
• Final quantities adjustment reconciling actual quantities placed against quantities estimated at bid time.

City staff requests Council’s authorization for the City Engineer to file a Notice of Completion.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

Agenda Staff Report
6/23/2026
The total project cost is $3,305,170.76. Project expenses, including Change Order No. 3 (Final) totaling $171,045.60, are to be expended in Fiscal Year 2025-26. The account numbers for construction are billed at 90% to 420-52-551.51126 “Water Main/Waterline Replacement” and 10% to 414-51-536.51270 “Construction Project”. Adequate funds are available in each account and no appropriation is needed.

4. ENVIRONMENTAL DETERMINATION:

On May 14, 2024, the City Council determined the project to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement.

5. ALTERNATIVES:

Council could choose to deny authorizing the City Engineer to file the Notice of Completion.

Staff does not recommend this alternative. The project is complete, and recordation of a Notice of Completion is the appropriate and customary step to formally close out the contract and establish the statutory claim periods available to any subcontractors or suppliers who provided services under the contract.

6. ATTACHMENTS:

1. Notice of Completion

2. Final Quantities

Attachment A
RECORDED AT THE REQUEST OF:

CITY OF TURLOCK
WHEN RECORDED MAIL TO:

CITY OF TURLOCK

OFFICE OF THE CITY CLERK
156 S. BROADWAY, SUITE 230
TURLOCK, CA 95380-5454

NOTICE OF COMPLETION
CITY PROJECT NO. 23-040
WATER LINE REPLACEMENT FOR 2024 ROADS PROGRAM CONSTRUCTION Notice is hereby given that work on the above-referenced project located at various locations within the City in Turlock, California, was completed by the undersigned agency on June 23rd, 2026. The contractor of work is United Pavement Maintenance, Inc. of Hughson, California, 95326 and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California, 95380. Kindly refer to said Project Number on all communications relating to this work.

Date:
(Signature- William D. Morris, P.E., City Engineer, Owner’s Agent), City of Turlock

VERIFICATION
I, the undersigned, City Engineer of the owner of the aforesaid interest, have read this notice; I know and understand the contents thereof; and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

CITY OF TURLOCK
___________________________
WILLIAM D. MORRIS, P.E.

CITY ENGINEER
OWNER’S AGENT
Executed on June 24th, 2026 at Turlock, California, Stanislaus County

FINAL QUANTITIES
City Project No: 23-040
Project Title: Water Line Replacement for 2024 Roads Program Construction Item Unit Contractor's Final Actual Final Actual Bid Bid Total No. of Measure Unit Price Quantities Amount Quantities Amount Difference 1 LS $ 1.00 42,979.00 42,979.00 $ 1.00 42,979.00 $ - $
2 EA $ 2.00 2,000.00 1,000.00 $ 2.00 2,000.00 $ - $
3 LS $ 1.00 40,500.00 40,500.00 $ 1.00 40,500.00 $ - $
4 LS $ 1.00 28,500.00 28,500.00 $ 1.00 28,500.00 $ - $
5 LS $ 1.00 20,000.00 20,000.00 $ 1.00 20,000.00 $ - $
6 LS $ 1.00 3,850.00 3,850.00 $ 1.00 3,850.00 $ - $
7 LS $ 1.00 167,200.00 167,200.00 $ 1.00 167,200.00 $ - $ 8 LS $ 1.00 18,000.00 18,000.00 $ 1.00 18,000.00 $ - $
9 LF $ 14.00 910.00 65.00 $ 14.00 910.00 $ - $
10 LF $ 397.00 61,535.00 155.00 $ 397.00 61,535.00 $ - $ 11 LF $ 128.00 3679.00 $ 4910.00 628,480.00 470,912.00 $ (157,568.00) $ 12 LF $ 24.00 3,600.00 150.00 $ 24.00 3,600.00 $ - $
13 LF $ 24.00 4,320.00 180.00 $ 24.00 4,320.00 $ - $
14 LF $ 85.00 10,880.00 128.00 $ 85.00 10,880.00 $ - $
15 LF $ 85.00 55,335.00 651.00 $ 85.00 55,335.00 $ - $
16 EA $ 51.00 136,935.00 2,685.00 $ 51.00 136,935.00 $ - $ 17 EA $ 2.00 7,750.00 3,875.00 $ 2.00 7,750.00 $ - $
18 EA $ 2.00 9,070.00 4,535.00 $ 2.00 9,070.00 $ - $
19 EA $ 27.00 143,775.00 5,325.00 $ 27.00 143,775.00 $ - $ 20 EA $ 112.00 263,200.00 2,350.00 $ 112.00 263,200.00 $ - $ 21 EA $ 2.00 14,500.00 7,250.00 $ 2.00 14,500.00 $ - $
22 EA $ 13.00 125,190.00 9,630.00 $ 13.00 125,190.00 $ - $ 23 SF $ 5850.00 11,700.00 2.00 $ 5850.00 11,700.00 $ - $ 24 LF $ 1170.00 3,510.00 3.00 $ 1170.00 3,510.00 $ - $
25 LF $ 45.00 297.00 6.60 $ 45.00 297.00 $ - $
26 EA $ 38.00 33,630.00 885.00 $ 38.00 33,630.00 $ - $
27 EA $ 17.00 58,650.00 3,450.00 $ 17.00 58,650.00 $ - $ 28 EA
$ 6,350.00 6.00 $ 4.00 25,400.00 38,100.00 $ 12,700.00 $ 29 EA $ 176.00 26,400.00 150.00 $ 176.00 26,400.00 $ - $ 30 LF $ 5602.00 67,224.00 12.00 $ 5602.00 67,224.00 $ - $ 31 EA $ 36.00 27,000.00 750.00 $ 36.00 27,000.00 $ - $
32 EA $ 6.00 11,250.00 1,875.00 $ 6.00 11,250.00 $ - $
33 LF $ 19.00 3,800.00 200.00 $ 19.00 3,800.00 $ - $
34 SF $ 5850.00 81,900.00 14.00 $ 5850.00 81,900.00 $ - $ 35 LF $ 1170.00 52,650.00 45.00 $ 1170.00 52,650.00 $ - $ 36 SY $ 785.00 17,270.00 22.00 $ 785.00 17,270.00 $ - $ 37 TON $ 310.00 43,400.00 140.00 $ 310.00 43,400.00 $ - $ 38 EA $ 61.00 45,750.00 750.00 $ 61.00 45,750.00 $ - $
39 EA $ 2.00 1,700.00 850.00 $ 2.00 1,700.00 $ - $
40 LS $ 1.00 5,500.00 5,500.00 $ 1.00 5,500.00 $ - $
41 LS $ 1.00 13,365.00 13,365.00 $ 1.00 13,365.00 $ - $ 42 ALLOW $ 1.00 5,000.00 5,000.00 $ 1.00 5,000.00 $ - $ 43 ALLOW $ 1.00 5,000.00 5,000.00 $ 1.00 5,000.00 $ - $ 44 ALLOW $ 1.00 10,000.00 10,000.00 $ 1.00 10,000.00 $ - $ 45 ALLOW $ 1.00 10,000.00 10,000.00 $ 1.00 10,000.00 $ - $ 46 LS $ 1.00 10,500.00 10,500.00 $ 1.00 10,500.00 $ - $ 47 LF $ 1272.00 200,976.00 158.00 $ 1272.00 200,976.00 $ - $ 48 EA $ 7.00 50,750.00 7,250.00 $ 7.00 50,750.00 $ - $
49 EA $ 4.00 34,000.00 8,500.00 $ 4.00 34,000.00 $ - $
50 LF $ 156.00 21,840.00 140.00 $ 156.00 21,840.00 $ - $ 51 LF $ 115.00 21,275.00 185.00 $ 115.00 21,275.00 $ - $ $ 2,543,378.00 $ (144,868.00) 2,688,246.00 $
C.O. #

1.1 LS (7,194.00) $ 1.00 (7,194.00) $ $ (7,194.00) - $

1.2 LS 54,378.63 $ 1.00 54,378.63 $ $ 54,378.63 - $

2.1 LS 12,165.19 $ 1.00 12,165.19 $ $ 12,165.19 - $

2.2 LS 72,174.17 $ 1.00 72,174.17 $ $ 72,174.17 - $

3.1 LS 155,419.23 $ 1.00 155,419.23 $ $ 155,419.23 - $
$ 286,943.22 $ 286,943.22 - $
TOTAL PROJECT = $ 2,830,321.22 $ 142,075.22 2,688,246.00 $ Item Description
Mobilization and Demobilization
Construction Project Sign
Traffic Control System
SUB-TOTAL CONTRACT ITEMS =
Pothole Existing Utilities
Remove Existing Improvements
Remove Pavement Markers
Earthwork and Grading
12" Water Main PVC C900-07, Class 235, DR 18

CHANGE ORDERS
Final Storm Drain Drawings
Additonal Work Required at All Tie-Ins on Florence
SUB-TOTAL CHANGE ORDER ITEMS =
Shoring, Sheeting, and Bracing
4" Water Main PVC C900-07, Class 235, DR 18
8" Water Main PVC C900-07, Class 315, DR 14
8" Water Main PVC C900-07, Class 235, DR 18
10" Water Main PVC C900-07, Class 235, DR 18
Paint Red Curb
8" Water Main PVC C900-07, Class 235, DR 14 Inside of 16" Steel Casing Pipe (Jack and Bore)
16" Steel Casing Pipe (Jack and Bore)
8" Gate Valves and Box with Lid
10" Gate Valves and Box with Lid
12" Butterfly Valves and Box with Lid
Connect to Existing Water Main
1" Water Service Lateral
1-1/2" Water Service Lateral
Fire Hydrant Assemblies
Remove Sidewalk
Remove Curb and Gutter
Hot Mix Asphalt on Lexington Avenue
Directional Change Box (G5)
Temporary Blow Off Valves (4-inch)
Install & Remove Temporary Double Check Backflow Preventer Assembly Abandon Existing Water Lines by Cutting and Capping
Abandon Existing Water Lines with Flowable Fill and Cut & Cap Remove Existing Water Valve and Box
Remove Existing Fire Hydrant
Remove and Replace Existing Fence
Minor Concrete - Flatwork
Minor Concrete - Curb & Gutter
Grinding on Lexington Avenue
Catch Basins
Adjust Frames and Covers to Grade for Valve Boxes
Replace Existing Monument Well
Temporary Pavement Striping and Markings
Pavement Markings
Allowance for Irrigation Repairs
Allowance for Turf Restoration
Allowance for Unknown Utilities
Allowance for Road Section Remediation
All Other Work Not Covered by Bid Items
18" Storm Drain Line
Storm Drain Manhole
Abandon Existing Storm Drain
Remove Existing Storm Drain
T&M Water Line Lowering at Berkeley and El Capitan
T&M Additional Work to Repair TID Crossing
T&M Additional Work on S Laurel and El Capitan

City Council Staff Report
June 23, 2026
From: Will Richards, Acting Municipal Services Director Prepared by: Janine Lee, Associate Engineer
Agendized by: Christopher Fisher, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement with Ace-High Engineering, of Brentwood, California in the amount of $50,733.00 and authorizing a construction contingency amount of $10,200.00 (20.0%)for the construction of City Project No. 25-068 "In-Plant Drain Repair" to be funded by Fund 410 "Water Quality Control”.

Resolution: Determining the award of bid for the construction of City Project No. 25-068 "InPlant Drain Repair" is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

2. NARRATIVE:

The purpose of City Project No. 25-068 “In-Plant Drain Repair” is to repair the existing 24- inch sewer line located within the City’s wastewater treatment plant overflow pond to restore full functionality and prevent leakage.

The main elements of the scope of work for this project consist of:
• Excavation and exposure of the existing sewer line
• Placement of a concrete collar around the pipe
• Backfill and restoration of the disturbed area
Due to the estimated construction cost being less than $75,000, City staff solicited bid proposals from four (4) local engineering contractors with experience in underground pipe repair work in accordance with Turlock Municipal Code (TMC) 2-9-03.

On April 17, 2026, City staff received one bid. The lowest and only bid was submitted by Ace-High Engineering of Brentwood, California, in the amount of $50,733. While only one bid was received, staff did solicit bids from three (3) other potential bidders who each passed on the opportunity due to their current workload. Staff reviewed the bid for responsiveness and bidder responsibility and determined Ace-High Engineering to be the lowest responsive, responsible bidder. Staff therefore recommends approval of an agreement with Ace-High Engineering in the amount of $50,733.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

Agenda Staff Report
6/23/2026
Staff has determined that a total of $71,313.50 is needed to complete the project. In Fiscal Year 2025-26, the project account number for Preliminary Engineering Management is 410- 51-534.44030_081 and has sufficient funds. The construction phase expenses will be billed to 410-51-534.51300 in Fiscal Year 2026-27. No budget appropriation is needed at this time.

4. ENVIRONMENTAL DETERMINATION:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement.

5. ALTERNATIVES:

A. Council could choose to reject the environmental determination. Staff does not recommend this alternative as an environmental determination is required to be made in accordance with CEQA and Section 15302 (Replacement or Reconstruction) is an appropriate exemption.

B. Council could choose to reject all bids submitted for this project. Staff does not recommend this alternative because funds are available and the proposed improvements are needed.

C. Council could choose to reject all bids submitted for this project and direct City staff to publicly bid the project, notwithstanding that the project qualifies for informal bidding procedures in accordance with Turlock Municipal Code (TMC) 2-9-03. While this approach may increase competition and potentially result in lower bid pricing, City staff does not recommend this alternative as it would delay project completion by approximately two months. Although the pipeline is not currently in critical condition, the repairs are anticipated to be needed in the near future to address deteriorating infrastructure and reduce the likelihood of a more significant failure.

D. Council could approve the Agreement with Ace-High Engineering and authorize a different construction contingency amount than recommended by staff. Staff does not recommend this alternative because the proposed 20% contingency provides an appropriate balance between fiscal prudence and the need to address unforeseen field conditions without delaying the project.

Agenda Staff Report
6/23/2026

6. ATTACHMENTS:

1. Bidder's Summary

2. City Contract 2026-183 with Ace-High Engineering

3. Draft Resolution

CITY OF TURLOCK BIDDER'S SUMMARY
Project Title: In-Plant Drain Repair
City Project Number: 25-068
Bid Opening: April 17, 2026
Anticipated Council Award Date: June 23, 2026
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 3,500.00 $ 3,500.00 $ 4,500.00 $ 4,500.00 $ 2 Pothole Existing Utilities LS 1 5,000.00 $ 5,000.00 $ 8,458.00 $ 8,458.00 $ 3 Expose Existing 24" Sewer Pipe LS 1 10,000.00 $ 10,000.00 $ 11,033.00 $ 11,033.00 $ 4 Install Concrete Collar LS 1 15,000.00 $ 15,000.00 $ 15,827.00 $ 15,827.00 $ 5 Backfill and Site Restoration LS 1 5,000.00 $ 5,000.00 $ 10,915.00 $ 10,915.00 $ S 38,500.00 $ 50,733.00 $
Base Bid ENGINEER'S EST. Ace-High Engineering
Brentwood, CA
1

CITY CONTRACT NO. 2026-183 1
CITY PROJECT NO. CP 25-068
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT
City Project No. 25-068
In-Plant Drain Repair
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Ace-High Engineering, a California corporation (“Contractor”), on Tuesday, June 23, 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 In-Plant Drain Repair (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 June 23rd, 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. 2026-183 2
CITY PROJECT NO. CP 25-068
Rev. 08/2025
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

1. CONTRACT DOCUMENTS
This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:

A. Notice to Bidders;
B. Contractor’s Bid or Proposal accepted by City;
C. Special Provisions of the City of Turlock for In-Plant Drain Repair; D. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”); E. All bonds and insurance required in any of the Contract Documents; F. 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 G. 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

3.1. 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.

3.2. 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 CONTRACT PRICE of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly

CITY CONTRACT NO. 2026-183 3
CITY PROJECT NO. CP 25-068
Rev. 08/2025
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 SCOPE OF WORK 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.

3.3. 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 InPlant Drain Repair.” 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.

3.4. EXHIBITS
All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A

2. Exhibit B

3. Exhibit C

4. Exhibit D

5. Exhibit E
Contractor’s Proposal for Services
Payment by Force Account
Workers’ Compensation Insurance Certification
Performance Bond
Payment Bond

4. CONTRACT PRICE
City shall pay, and Contractor shall accept in full payment for the work set forth above in SCOPE OF WORK, an amount not to exceed Fifty Thousand Seven Hundred and Thirty Three and No/100th Dollars (50,733.). Said amount shall be paid pursuant to COMPENSATION 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. 2026-183 4
CITY PROJECT NO. CP 25-068
Rev. 08/2025
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 shall be substantially completed on or before the expiration of ten (10) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of fifteen (15) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.

5.1. RIGHT OF CITY TO INCREASE WORKING DAYS
If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.

The Substantial and Final Completion Due Dates may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Substantial and Final Completion Due Dates will be determined as follows:

A. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
B. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

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

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

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

Contractor shall not be entitled to an adjustment in the Substantial and Final Completion Due Dates for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor.

CITY CONTRACT NO. 2026-183 5
CITY PROJECT NO. CP 25-068
Rev. 08/2025

5.2. 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 Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.

5.3. 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:

A. 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 B. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
C. 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

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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
D. 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.

5.4. DELAY DAMAGES
In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Four Hundred and No/100th Dollars (400.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Three Hundred and No/100th Dollars (300.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Substantial and Final Completion Due Dates shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

6. TERMINATION
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

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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 OWNERSHIP OF WORK PRODUCT of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.

B. If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

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

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

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

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

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

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

9. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the

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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.

9.1. 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.

9.2. 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.

9.3. 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 ARBITRATION OF DISPUTES of this Agreement.

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

10. PERMITS AND CARE OF WORK
Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in 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

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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

11.1. 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.

11.2. WAGES & HOURS OF EMPLOYMENT
In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

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

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

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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:

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

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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

17.1. 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.

17.2. INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY
Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. CONTRACTOR'S INSURANCE
Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City.

The City of Turlock shall be named as a certificate holder.

18.1. COMMERCIAL GENERAL LIABILITY INSURANCE

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Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. The policy shall contain, or be endorsed to contain, the following provisions:

A. City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). The City shall be named as a certificate holder on the Certificate of Insurance.

B. For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.

C. In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.

D. Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

18.2. WORKERS' COMPENSATION INSURANCE
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) by disease-policy limit, and One Million Dollars ($1,000,000.00) by disease-each employee. Contractor shall submit to City, along with the Certificate of Insurance, a Waiver of Subrogation endorsement in favor of the City, its offices, agents, employees, and volunteers.

18.3. INSTALLATION FLOATER ("COURSE OF CONSTRUCTION") INSURANCE Contractor, shall provide an installation floater, covering the work performed under the Agreement, on a form at least as broad as Insurance Services Offices, Inc. (ISO) Causes of Loss - Special Form. The policy shall cover the labor, materials, and equipment, including materials and equipment in transit or away from the project site, to be installed. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. The Contractor shall be the named insured, and the City and subcontractors of any tier shall be named as insureds. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.

18.4. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
Contractor shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) each

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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.

18.5. 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 non-owned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees, and volunteers as insureds.

18.6. UMBRELLA OR EXCESS POLICY
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

18.7. 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.

18.8. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.

18.9. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by CONTRACTOR'S INSURANCE. 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.

18.10. 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

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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.

18.11. SUBCONTRACTORS
Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. OWNERSHIP OF WORK PRODUCT
Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Final Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

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

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

20. TAXES
Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:

A. Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit.

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.

CITY CONTRACT NO. 2026-183 16
CITY PROJECT NO. CP 25-068
Rev. 08/2025

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

22. CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

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

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

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

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

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.

CITY CONTRACT NO. 2026-183 17
CITY PROJECT NO. CP 25-068
Rev. 08/2025
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 DISPUTES PERTAINING TO PAYMENT FOR WORK 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 ARBITRATION OF DISPUTES.

24. PROVISIONS CUMULATIVE
The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Turlock
Attn: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: Katie Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: Ace-High Engineering
Attn: Jose Manuel Ortega, Owner
26970 Marsh Creek Road
Brentwood, CA 94513
If to Contractor’s Sureties: To be provided with surety records

26. CITY CONTRACT ADMINISTRATOR

CITY CONTRACT NO. 2026-183 18
CITY PROJECT NO. CP 25-068
Rev. 08/2025
The City’s contract administrator and contact person for this Agreement is:

Janine Lee, Associate Engineer
City of Turlock Engineering Division
156 S Broadway
Turlock, CA 95380
Telephone: (209) 668-6035
E-mail: [email protected]

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

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

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

30. NO CONFLICT OF INTEREST
Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

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

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

33. WAIVER

CITY CONTRACT NO. 2026-183 19
CITY PROJECT NO. CP 25-068
Rev. 08/2025
No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

35. AUTHORITY
All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

36. GOVERNING LAW
The Contract shall be governed and construed in accordance with the laws of the state of California.

37. SEVERABILITY
If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

38. EXECUTION AND COUNTERPARTS
This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

39. MANDATORY AND PERMISSIVE
“Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

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

CITY CONTRACT NO. 2026-183 20
CITY PROJECT NO. CP 25-068
Rev. 08/2025

41. ATTORNEY'S FEES AND COSTS
Except as expressly provided for in ARBITRATION OF DISPUTES 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 Sections of this Agreement, the Sections shall prevail.

IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 40 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

Ace-High Engineering, a California corporation CITY OF TURLOCK, a municipal corporation **signature_131009**

SIGNATURE
Jose Manuel Ortega

FULL NAME
Owner
TITLE
26970 Marsh Creek Rd, Brentwood, CA 94513

ADDRESS
510-715-0585
PHONE
**date_signed_131009**

DATE SIGNED
**signature_131013**

SIGNATURE
Christopher Fisher

FULL NAME
Acting City Manager
TITLE
**date_signed_131013**

DATE SIGNED
APPROVED AS TO SUFFICIENCY:
**signature_131011**

SIGNATURE
William D. Morris

FULL NAME
RCE, PLS, City Engineer
TITLE
**date_signed_131011**

DATE SIGNED
**signature_131012**

SIGNATURE
Will Richards

FULL NAME
Acting Municipal Services Director
TITLE
**date_signed_131012**

DATE SIGNED
APPROVED AS TO FORM:

**signature_131015**

SIGNATURE
Katie O. Lucchesi

FULL NAME
City Attorney
TITLE
**date_signed_131015**

DATE SIGNED
ATTEST:
**signature_131006**

SIGNATURE
Nicole Fiez

FULL NAME
City Clerk
TITLE
**date_signed_131006**

DATE SIGNED

Exhibits List
A - CONTRACTOR’S PROPOSAL FOR SERVICES

B - PAYMENT BY FORCE ACCOUNT
C - WORKERS’ COMPENSATION INSURANCE CERTIFICATION

D - PERFORMANCE BOND

E - PAYMENT BOND

Exhibit A
CONTRACTOR’S PROPOSAL FOR SERVICES

EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES

Exhibit B

PAYMENT BY FORCE ACCOUNT

1 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

2 (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:

1.1 During that period

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

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

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

3. Fifteen percent (15%) percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location. If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

3 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

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

4 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 original-Contract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

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

1. Idled is paid as 1/2 day

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

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table. The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

5 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 non-owner-operated dump truck rental to City. The City Engineer shall determine the payment rate. Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

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

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

Exhibit C
WORKERS’ COMPENSATION INSURANCE

CERTIFICATION

1 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: ( )

Exhibit D

PERFORMANCE BOND

1 EXHIBIT D

PERFORMANCE BOND
[Signatures on Following Page]
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to _________________________, hereinafter designated as the “Principal,” a contract for Project No. 25-068, “In-Plant Drain Repair”; 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.

2 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

Exhibit E

PAYMENT BOND

1 EXHIBIT E

PAYMENT BOND
[Signatures on Following Page]
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to ___________________, hereinafter designated as the “Principal”, a contract for Project No. 25-068, "In-Plant Drain Repair”; 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.

2 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

}
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}
}
}
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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2026-

AWARD OF BID FOR THE CONSTRUCTION OF
CITY PROJECT NO. 25-068 “IN-PLANT DRAIN
REPAIR” IS EXEMPT FROM THE PROVISIONS

OF CEQA IN ACCORDANCE WITH SECTION
15302 (REPLACEMENT OR RECONSTRUCTION)

OF THE CEQA GUIDELINES

WHEREAS, City Project No. 25-068 "In-Plant Drain Repair" will repair the existing 24-inch sewer line located within the City’s wastewater treatment plant overflow pond to restore full functionality and prevent leakage; and
WHEREAS, on April 17, 2026, one (1) bid was received for the construction of City Project No. 25-068, with Ace-High Engineering of Brentwood, California, submitting the lowest responsive, responsible bid in the amount of $50,733.00; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) as the project involves replacement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for the construction of City Project No. 25-068 “InPlant Drain Repair” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 23rd day of June, 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 Council Staff Report
June 23, 2026
From: Will Richards, Acting Municipal Services Director Prepared by: Stephen Fremming, P.E., Principal Civil Engineer Agendized by: Christopher Fisher, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement with Ornamental Solutions Inc., of Rancho Cordova, California in the amount of $265,900.00 and authorizing a construction contingency amount of $26,590.00 (10.0%)for the construction of City Project No. 25-048 "Security Fence Improvements at the Public Safety Facility" to be funded by Fund 119 "American Rescue Plan Act (ARPA)”.

Resolution: Determining the award of bid for the construction of City Project No. 25-048 "Security Fence Improvements at the Public Safety Facility" is exempt from the provisions of CEQA in accordance with Section 15301 (Existing Facilities) of the CEQA Guidelines.

2. NARRATIVE:

The Public Safety Facility was constructed in 2014 and features a security fence around the perimeter of the employee parking lot. The security fence consists of a low concrete masonry unit (CMU) wall with CMU pilasters and wrought-iron rails and pickets extending above the wall and between the pilasters to a height of approximately six feet. Turlock Police Department staff have expressed security concerns relating to the current height and level of visibility through the fence and desire to modify the fence to increase its height and block the view into the parking lot from the public right of way.

Before the original facility was built, a Conditional Use Permit (CUP 2008-07) was approved by the Planning Commission which included specific conditions relating to the maximum fence height and materials to be used. City staff brought forth a request to amend the original CUP to allow for a taller fence to be installed around the employee parking lot and allowing for solid metal fence panels to be installed to block the view into the parking lot. The Planning Commission voted and approved the amendment in their April 2, 2026 meeting.

Project plans and specifications were prepared by RED Inc. Architects pursuant to its on-call agreement with the City. The project scope includes:
• Removal of existing metal fence rails and pickets
• Maintain the existing CMU wall and pilasters
• Installation of solid metal panels to a height of 6 feet • Installation of outward-facing fence pickets to a height of 8 feet • Replacement of 3 pedestrian gates to match the height of the fence pickets On May 9, 2026, a Notice to Contractors was published in the Turlock Journal inviting bidders to submit proposals for construction of City Project No. 25-048 "Security Fence Improvements at the Public Safety Facility." On May 26, 2026, three bid proposals were

Agenda Staff Report
6/23/2026
received.

BIDDER'S SUMMARY
Ornamental Solutions, Inc. $265,900
Champion Industrial Contractors $554,289
All Commercial Fence, Inc. $559,485
City staff has verified that the bid submitted by Ornamental Solutions Inc. was responsive to the proposal requirements and have determined that they are a responsible bidder. City staff recommend that Council approve an agreement with Ornamental Solutions, Inc.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The project is funded in Fund 119 "American Rescue Plan Act (ARPA)” account number 119-10-188.51270 "Construction Project." Project costs are estimated in the table below.

There is adequate funding in the project account number and no additional budget transfers are needed at this time.

4. ENVIRONMENTAL DETERMINATION:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves minor alteration of an existing public facility and negligible expansion of existing use.

Agenda Staff Report
6/23/2026

5. ALTERNATIVES:

A. Council could choose to reject the environmental determination. Staff does not recommend this alternative as an environmental determination is required to be made in accordance with CEQA and Section 15301 (Existing Facilities) is an appropriate exemption.

B. Council could choose to reject all bids submitted for this project. Staff does not recommend this alternative because funds are available, and the proposed improvements are needed.

C. Council could approve the Agreement and authorize a different construction contingency amount than recommended by staff. Staff does not recommend this alternative because the proposed 10% contingency amount for potential change orders is typical for a project of this size.

6. ATTACHMENTS:

1. Draft Resolution

2. Bidders Summary

3. Agreement CC 2026-176 with Ornamental Solutions

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2026-

AWARD OF BID FOR THE CONSTRUCTION OF
CITY PROJECT NO. 25-048 “SECURITY FENCE

IMPROVEMENTS AT THE PUBLIC SAFETY
FACILITY” IS EXEMPT FROM THE

PROVISIONS OF CEQA IN ACCORDANCE WITH
SECTION 15301 (EXISTING FACILITIES) OF THE

CEQA GUIDELINES
WHEREAS, City Project No. 25-048 " Security Fence Improvements at the Public Safety Facility" involves the alteration of an existing facility to increase the fence height and restrict visibility from the public right of way; and
WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves minor alteration of an existing public facility and negligible expansion of existing use.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for the construction of City Project No. 25-048 "Security Fence Improvements at the Public Safety Facility" is exempt from the provisions of CEQA in accordance with Section 15301 (Existing Facilities) of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 23rd day of June, 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: Security Fence Improvements at the Public Safety Facility PROJECT NUMBER: 25-048
BID OPENING:
3:00 PM
ANTICIPATED COUNCIL AWARD DATE: 6/23/26
1 2 3
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 20,000.00$ 20,000.00$ 5,200.00$ 5,200.00$ 36,850.00$ 36,850.00$ 15,000.00$ 15,000.00$ 2 Remove Existing Improvements LS 1 8,000.00$ 8,000.00$ 5,200.00$ 5,200.00$ 2,500.00$ 2,500.00$ 12,000.00$ 12,000.00$ 3 Temporary Fencing LS 1 4,000.00$ 4,000.00$ 1,500.00$ 1,500.00$ 1,250.00$ 1,250.00$ 6,000.00$ 6,000.00$ 4 Fencing Panels, Frames, and Pickets LS 1 398,000.00$ 398,000.00$ 220,000.00$ 220,000.00$ 459,261.00$ 459,261.00$ 508,485.00$ 508,485.00$ 5 Pedestrian Gate EA 3 7,000.00$ 21,000.00$ 8,000.00$ 24,000.00$ 5,576.00$ 16,728.00$ 6,000.00$ 18,000.00$ 6 Other required work not covered in other bid items LS 1 15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ 37,700.00$ 37,700.00$ -$ -$ All Commerical Fence, Inc.

Waterford, CA
466,000.00$ 265,900.00$ 554,289.00$ 559,485.00$ Base Bid Total = May 26, 2026
ENGINEER'S EST. Ornamental Solutions, Inc. Rancho Cordova, CA Champion Industrial Contractors Modesto, CA

CITY CONTRACT NO. 2026-179 1
CITY PROJECT NO. CP 25-048
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT
City Project No. CP 25-048
Security Fence Improvements at the Public Safety Facility THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Ornamental Solutions, Inc., a California corporation, on Tuesday, June 23, 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 Security Fence Improvements at the Public Safety Facility (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 June 23, 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.

F. NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 2
CITY PROJECT NO. CP 25-048
Rev. 08/2025

1. CONTRACT DOCUMENTS
This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:

A. Notice to Bidders;
B. Contractor’s Bid or Proposal accepted by City;
C. Special Provisions of the City of Turlock for Security Fence Improvements at the Public Safety Facility; D. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”); E. All bonds and insurance required in any of the Contract Documents; F. 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 G. 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

3.1. 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.

3.2. 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 CONTRACT PRICE of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 3
CITY PROJECT NO. CP 25-048
Rev. 08/2025
completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this SCOPE OF WORK 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.

3.3. 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 Security Fence Improvements at the Public Safety Facility.” 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.

3.4. EXHIBITS
All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A

2. Exhibit B

3. Exhibit C

4. Exhibit D

5. Exhibit E
Contractor’s Proposal for Services
Payment by Force Account
Workers’ Compensation Insurance Certification
Performance Bond
Payment Bond

4. CONTRACT PRICE
City shall pay, and Contractor shall accept in full payment for the work set forth above in SCOPE OF WORK, an amount not to exceed Two Hundred Sixty Five Thousand Nine Hundred and No/100ths Dollars ($265,900.00) (the “Contract Price”). Said amount shall be paid pursuant to COMPENSATION 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
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 4
CITY PROJECT NO. CP 25-048
Rev. 08/2025
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 shall be substantially completed on or before the expiration of fifty five (55) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of sixty (60) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.

5.1. RIGHT OF CITY TO INCREASE WORKING DAYS
If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.

The Substantial and Final Completion Due Dates may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Substantial and Final Completion Due Dates will be determined as follows:

A. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
B. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

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

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

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

Contractor shall not be entitled to an adjustment in the Substantial and Final Completion Due Dates for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor.

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 5
CITY PROJECT NO. CP 25-048
Rev. 08/2025

5.2. 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 Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.

5.3. 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:

A. 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 B. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
C. 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 Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 6
CITY PROJECT NO. CP 25-048
Rev. 08/2025
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
D. 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.

5.4. DELAY DAMAGES
In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Thousand Five Hundred and No/100ths Dollars ($1,500.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Five Hundred and No/100ths Dollars ($500.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Substantial and Final Completion Due Dates shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

6. TERMINATION
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 Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 7
CITY PROJECT NO. CP 25-048
Rev. 08/2025
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 OWNERSHIP OF WORK PRODUCT of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.

B. If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. LIABILITY FOR BREACH
Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in OWNERSHIP OF WORK PRODUCT 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, Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 8
CITY PROJECT NO. CP 25-048
Rev. 08/2025
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 DISPUTES PERTAINING TO PAYMENT FOR WORK of the City Standards in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

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

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

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

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

9. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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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.

9.1. 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.

9.2. 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.

9.3. 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 ARBITRATION OF DISPUTES of this Agreement.

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

10. PERMITS AND CARE OF WORK
Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in 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 Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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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

11.1. 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.

11.2. WAGES & HOURS OF EMPLOYMENT
In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

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

13. INSPECTION AND TESTING BY CITY
Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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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:

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 Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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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

17.1. 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.

17.2. INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY
Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. CONTRACTOR'S INSURANCE
Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City.

The City of Turlock shall be named as a certificate holder.

18.1. COMMERCIAL GENERAL LIABILITY INSURANCE
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Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. The policy shall contain, or be endorsed to contain, the following provisions:

A. City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). The City shall be named as a certificate holder on the Certificate of Insurance.

B. For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.

C. In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.

D. Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

18.2. WORKERS' COMPENSATION INSURANCE
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) by disease-policy limit, and One Million Dollars ($1,000,000.00) by disease-each employee. Contractor shall submit to City, along with the Certificate of Insurance, a Waiver of Subrogation endorsement in favor of the City, its offices, agents, employees, and volunteers.

18.3. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
Contractor shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.

18.4. BUILDER'S RISK INSURANCE
Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. Policy shall be provided for replacement value on an Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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"all-risk" or special causes of loss basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include:
coverage for debris removal and insure the building(s), structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project. The limits shall be to ensure the full replacement value of any property or equipment stored either on or off the project site, or in transit. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. The policy shall allow for and include a waiver of subrogation endorsement in favor of the Insureds.

18.5. UMBRELLA OR EXCESS POLICY
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

18.6. 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.

18.7. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.

18.8. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by CONTRACTOR'S INSURANCE. 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.

18.9. 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.

18.10. SUBCONTRACTORS
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Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. OWNERSHIP OF WORK PRODUCT
Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Final Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

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

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

20. TAXES
Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:

A. Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit.

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 Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

22. CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

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

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

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

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

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:

A. Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.

B. All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure.

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.

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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 DISPUTES PERTAINING TO PAYMENT FOR WORK 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 ARBITRATION OF DISPUTES.

24. PROVISIONS CUMULATIVE
The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Turlock
Attn: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: Katie Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: Ornamental Solutions, Inc.

Attn: Eduard Melnichuk, COO
3319 Fitzgerald Road Suite#10
Rancho Cordova, CA 95742
If to Contractor’s Sureties: will be
provided with
surety records

26. CITY CONTRACT ADMINISTRATOR
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The City’s contract administrator and contact person for this Agreement is:

Stephen Fremming, Principal Civil Engineer
City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
Telephone: (209) 668-5417
E-mail: [email protected]

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

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

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

30. NO CONFLICT OF INTEREST
Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

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

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

33. WAIVER
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 19
CITY PROJECT NO. CP 25-048
Rev. 08/2025
No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

35. AUTHORITY
All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

36. GOVERNING LAW
The Contract shall be governed and construed in accordance with the laws of the state of California.

37. SEVERABILITY
If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

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

39. MANDATORY AND PERMISSIVE
gg
“Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

40. HEADINGS
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 20
CITY PROJECT NO. CP 25-048
Rev. 08/2025
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 ARBITRATION OF DISPUTES 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. REQUIRED FEDERAL LANGUAGE
Conformity with Law and Safety. Professional 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 Americans 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 Professional must be in accordance with these laws, ordinances, codes and regulations. Professional’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 this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional 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 Professional's subcontractor, if any; (c) name and address of Professional'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 this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

CITY CONTRACT NO. 2026-179 21
CITY PROJECT NO. CP 25-048
Rev. 08/2025
Compliance with Federal Requirements. Professional agrees to comply with all applicable federal statutes, regulations, and requirements, including but not limited to:
• 2 CFR Part 200 (Uniform Guidance) procurement and cost principles; • Equal Employment Opportunity (41 CFR Part 60);
• Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352);
• Debarment and Suspension (2 CFR Part 180).

Professional certifies it is not debarred, suspended, or otherwise excluded from participation in federal programs.

44. RECITALS
The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections of this Agreement, the Sections shall prevail.

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 51 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

Ornamental Solutions, Inc., a California corporation CITY OF TURLOCK, a municipal corporation **signature_129870**

SIGNATURE
**name_129870**

FULL NAME
**role_129870**
TITLE
**text_129870_fc032dc0**

ADDRESS
**text_129870_dfda930c**
PHONE
**date_signed_129870**

DATE SIGNED
**signature_129877**

SIGNATURE
**name_129877**

FULL NAME
**role_129877**
TITLE
**date_signed_129877**

DATE SIGNED
APPROVED AS TO SUFFICIENCY:
**signature_129872**

SIGNATURE
**name_129872**

FULL NAME
**role_129872**
TITLE
**date_signed_129872**

DATE SIGNED
**signature_129878**

SIGNATURE
**name_129878**

FULL NAME
**role_129878**
TITLE
**date_signed_129878**

DATE SIGNED
APPROVED AS TO FORM:

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7 6/10/2026
3319 Fitzgerald Road Suite #10
Eduard Melnichuk
(916) 529-5667
COO
William D. Morris
RCE, PLS, City Engineer

**signature_129875**

SIGNATURE
**name_129875**

FULL NAME
**role_129875**
TITLE
**date_signed_129875**

DATE SIGNED
ATTEST:
**signature_129869**

SIGNATURE
**name_129869**

FULL NAME
**role_129869**
TITLE
**date_signed_129869**

DATE SIGNED
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

Exhibits List

A - EXHIBIT A CONTRACTOR'S PROPOSAL FOR SERVICES

B - EXHIBIT B PAYMENT BY FORCE ACCOUNT
C - EXHIBIT C WORKERS’ COMPENSATION INSURANCE CERTIFICATION D - EXHIBIT_D_PERFORMANCE_BOND
E - EXHIBIT_E_PAYMENT_BOND
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

Exhibit A

EXHIBIT A CONTRACTOR'S PROPOSAL FOR SERVICES
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

City of Turlock, CA
Municipal Services-Engineering
Chris Fisher, Director
156 So. Broadway, Turlock, CA 95380
[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility RESPONSE DEADLINE: May 26, 2026 at 3:00 pm
Report Generated: Wednesday, May 27, 2026
Ornamental Solutions, Inc. Response

CONTACT INFORMATION
Company:

Ornamental Solutions, Inc.

Email:
[email protected]
Contact:

Eduard Melnichuk
Address:
3319 Fitzgerald Road Suite #10
Rancho Cordova, CA 95742
Phone:
(916) 529-5667
Website:
www.ornamentalsolutions.com
Submission Date:

May 25, 2026 1:19 PM (Pacific Time)
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

ADDENDA CONFIRMATION
Addendum #1
Confirmed May 20, 2026 12:44 PM by Eduard Melnichuk

QUESTIONNAIRE

1. Proposal*
Pass
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item.

In accordance with the annexed Notice to Contractors, the undersigned, as bidder, declares that he has carefully examined the location of the proposed work, the plans, specifications and technical requirements therefore, and the proposed forms of contract and bonds mentioned or referred to in said Notice and on file in the Office of the City Engineer of the City of Turlock, together with the prevailing rate of per diem wages for each craft or type of workmen needed to execute said contract; and he proposes and agrees that if this proposal is accepted, he will furnish all labor, materials, equipment, plant transportation, service, sales taxes, permit fees and other costs necessary to complete the construction in strict conformity to the plans and specifications and he will enter into a written contract with the City of Turlock in the form of contract on file in the Office of the City Engineer for such purposes, and that he will execute and/or provide all bonds and insurance certificates required by law and/or by said contract and/or mentioned in said Notice to Contractors all in accordance with and subject to all applicable laws, and that he will take in full payment therefore the unit prices entered on the Bidder's Form.

Confirmed

2. Request for Substitutions*
Pass
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

You may upload information relative to material or equipment for which you would like to request approval of that were not specifically named in the project specifications. City staff will make an effort to respond to requests for substitution as part of the Q&A and addendum process, though will not be obligated to comment on, approve, or deny any request for substitution.

Confirmed

3. Affidavit*
Pass
Please download the below documents, complete, and upload. • AFFIDAVIT.pdf
Affidavit.pdf

4. INFORMATION REQUIRED OF BIDDER
NUMBER OF YEARS’ EXPERIENCE AS A CONTRACTOR IN CONSTRUCTION WORK OR INSTALLATION WORK SIMILAR TO THAT REQUIRED IN THESE SPECIFICATIONS.*
Pass
6 NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Pass
Daniil Melnichuk
DATE OF INSPECTION*
Pass
5/18/2026
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

5. PREVIOUS WORK/REFERENCES
Please provide information for four (4) recent projects. If bidder is unable to provide information for four (4) reference projects, it shall provide as many reference projects that it can and City will make a determination as to bidder responsibility based on the available information.

REFERENCE #1: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.* Pass
South West Gas Company Improvements
REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* Pass
Custom Iron Gates, Gate Automation, Pedestrian Ada,Gate, Chain Link Fence, Custom Railings,Trash and Generator Enclosure REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* Pass
SouthWest Gas Corporation, 1090 Industrial Ave, South Lake Tahoe, CA 96150, REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?* Pass
not sure
REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
Pass
151,268
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
Hal Hays
REFERENCE #1: DATE OF PROJECT COMPLETION
Pass
Completed – August 30, 2025
REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. 0 REFERENCE #2: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Plaza Robles High School Fencing Project No. 0946-8246-580-33 REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT. 600 LF Chain Link fencing 7ft tall, with variouse ADA pedestrian Gates along with Variouse Ornamental Fencing, and ADA gates REFERENCE #2: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Lodi Unified School District, 880 North Guild Avenue, Lodi Ca 95240, REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? none
REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
178,260
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Ornamental Solutions, Inc.

REFERENCE #2: DATE OF PROJECT COMPLETION
July 25, 2025
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. 0 REFERENCE #3: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED. 4 Story Exterior Improvement
REFERENCE #3: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Ornamental Metal Balcony Railings, Fabrication and installation, ornamental gates and fencing fabrication and installation.

REFERENCE #3: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Javanmard Holdings, LLC 9700 Village Center Drive Suite #120, Granite Bay Ca 95746 REFERENCE #3: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? LCA Archetects
REFERENCE #3: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
126,344
REFERENCE #3: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Swank Construction
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

REFERENCE #3: DATE OF PROJECT COMPLETION
January 2025
REFERENCE #3: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. 0 REFERENCE #4: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Stanislaus Regional Housing Authority – Fence Replacement (Various Sites) REFERENCE #4: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Fencing at variouse sites 6,000LF wood fence replacement REFERENCE #4: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Stanislaus Regional Housing Authority,209-557-2007, 1612 Sis Road, Modesto, CA 95350 REFERENCE #4: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? none
REFERENCE #4: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
412,500
REFERENCE #4: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Ornamental Solutions, Inc.

REFERENCE #4: DATE OF PROJECT COMPLETION
4/1/26
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

REFERENCE #4: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. 0 6. BOND INFORMATION
You can enter your Bid Bond information in the Surety2000 question below.

OR
You may also submit hard copy original bonds by mail or hand delivery prior to the bid due date and time to the following address:

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
DO YOU WANT TO USE SURETY2000 TO SUBMIT YOUR BONDING INFORMATION?* If you choose to upload bond forms not using Surety2000, you will need to submit the hard copy originals, prior to the bid due date and time, to engineering at:

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
No
BIDDER'S BOND*
Please download the documents below, complete, and submit hard copy original bonds by mail or hand delivery prior to the bid due date and time to the following address:

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

• BIDDERS_BOND.pdf
Turlock_Bid_Bond.pdf

7. OTHER DOCUMENTS AND CERTIFICATIONS
SUBCONTRACTORS*
Please download the below documents, complete, and upload. • SUBCONTRACTORS.Update.pdf
Suncontractors_Update.pdf

PRICE TABLES

BASE BID
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization and Demobilization 1 LS $5,200.00 $5,200.00 2 Remove Existing Improvements 1 LS $5,200.00 $5,200.00 3 Temporary Fencing 1 LS $1,500.00 $1,500.00
4 Fencing Panels, Frames, and Pickets 1 LS $220,000.00 $220,000.00 5 Pedestrian Gate 3 EA $8,000.00 $24,000.00
6 Other required work not covered in other bid items 1 LS $10,000.00 $10,000.00 TOTAL $265,900.00
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

[ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-048
Security Fence Improvements at the Public Safety Facility [ORNAMENTAL SOLUTIONS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Security Fence Improvements at the Public Safety Facility

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

AFFIDAVIT
Thc unrlerrsigned birlder, bcinq lirst clLrly sworn, dcposcs and says that hc/shc are the party makinq thc fbregoing proposal or bicl, that this bicl is qer-ruinc ancl not cclllusivc or sham, that.sairl bicldcr has not collr-rcled, conspirecl, connivcd or agr-eed, clirectly or-indirectly, with any,other pcrson or bidder, to put in a sham bicl, or that saicl other pcrson shall rcfiain fj-om biclding, and has not in any ff)anncr sor,rght by collr-rsion to secrrre any advantage against thc said City or any pcrson intcrested in said improvement, for l-rim/hcrself or any othcr pcrson.

Siqn
L\
urat (Government Co cle Section 8202
State of California
County of' 5 cK ra..rn.,-rtfo
Sr.rbscribe<l ancl srvorn to (or affirmecl) befbre rnc on this 'Z f a^, "f 4Cry ,20 ?,6 AyEr{uo"r4.l(1, irt^rKprovecl to me on thc basis of satislactory evidencc to bc the person(s) rvho appearcrl bclore me
(AFFTX SEAL)
NO BLIC SIGNATLIRE A. CAIRO
Notary Public . Cailfornia
Sacramento County
Cairo Commlssion i 2474900
My Comnr. Explres Dec 3. ?0?7

NOTARY PTIBLIC PRINTED NAME
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

BIDDER'S BOND
KNOWALL MEN BY THESE PRESENTS:

That we Ornamental Solutions, lnc. 2s
BIDDER, and The Ohio Casualty lnsurance Company as
SURETY a corporation duly orgarized under the laws of the State of . and d.,ly licensed to become sole Surety on bonds required and authorized by the State of California, as SURETY, are held and firmly bound unto the City of Turlock, hereinafter called the City, in the penal'sum of TEN PERCENT (lO%) OF THE TOTAL AMOUNT OF THE BID of the Bidder above named, subrnitted by said Bidder to the City, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, adrninistrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum ten percent of amount bid
Dollars ( $
10% of amount bid \
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, wheTeas the biddeT has submitted the above-mentioned bid to the City for certain construction specifically described as follows for which bids are to be opened at Engineeting Division, City Hall, 156 S. Broadway Suite 15O, Turlock, California, on 26th
,
t"t ,2o'u , at___! un_
(day) (date) (time)
for Project No. "Project-Number'r, "..Project-Name-lr' "Project-Name-2r'." City Project No 25-048 Security Fence lmprovements at the Public Safety Facility NOW THEREFORE, if the aforesaid Bidder is awarded the contract and, within the time manner required under the specifications after the prescribed forms are presented to him for signature, enters into a written contract in the prescribed form in accordance with the bid, and files the two bonds with the City, one to guarantee faithful performance and the other to guarantee payrnent for labor and materials as required by law, then obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgrnent is recovered, the Surety shall pay all costs incurred by the Obligee in such a suit, including a reasonable attorney's fee to be fixed by the court. *New Hampshire
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

(
IN WITNESS WHEREOF, we have hereunto set our hands and seals on llis 21st day of May .20 26
BIDDER
Ornamental Solutions. lnc. (sEAL)
(Bidder's Name and Corporate Seal)
tn
(frint Name and Title)
(ATTACH ACKNOWLEDGMENT OF BIDDER)
SURETY
'ry(SEAL)
(Surety's Name and Corporate Seal)
%
(Signature)
Kathleen Le, attorney-in-fact
(erint Name and Title)
(ATTACH ACKNOWLEDGMENT OF SURETYS
ATTORNEY-rN-FACT)
' lenu/A lfn*nr<^y'
NOTE: ATTACH CERTIFIED COPY OF POWER OF ATTORNEY
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Sacramento )
on May 21,2026 before me, S. Smith, Notary Public
(insert name and title of the officer)
personally appeare6 Kathleen Le
who proved to me on the basis of satisfa ctory evidence to be the person(+) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hls/her/thei+ authorized capacity(iesl and that by his/her/thei+ signature(s) on the instrument the person(st or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

S. SMITH
WITNESS my hand and official seal (7) a
t
coMM. # 2442257 n
CN(/)

NOTARV PUBLIC CALIFORNIA

COUNTY OF SACRAMENTO
Comm Expires APR. 22,2OZ7
Signature (Seal)
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate.verifies only the identity of the individual who signed the document to which this certificate'is
attached, and not the truthfulness, accuracy, or
validitv of that document.

State of California SACMMENTO County of
On /'lr^,, zl ,2026 before me, A. CAIRO, NOTARY PUBLIC
/
personally appeared
(insert name and title of the officer)
E ,/,,n,, J ),,1-l^) , h,,k
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and seal A, CAIRO
Notary Publlc . Callfornia
Sacramento
Cornnlr:lon #
Comm, }ec 1,'1,027
Signature (Seal)
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

\
Libertv
Mutuil
SURETY
lnsurance Company is a corporalion duly organized
of the State of lndiana (herein collectively called the

POWER OF ATTORNEY
Liberty Mutual lnsurance Company
The Ohio CasuaJty lnsurance Company
West American lnsurance Company
under lhe laws of the State of Massachusetts, and
"Companies'), pursuant to and by authority herein
West American lnsurance Company is
set forth, does hereby name, constitute
Certificate No: 8215337 - 971829
corporation duly organized
and appoint,
KNoWN ALL PERSoNS BY THESE PRESENTS: That The ohio Casualty lnsurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual
under the laws
Brad Breanna Cassandra lvled Deanna Dineen Frascr EI izabeth Coll Jason Jenni ler John NS John W Paula Phit R. Ka Sarnan
Sharon Smith. Stcven L. Williarns. Tony Clark
all of the city of Chico state of CA each individually if there be more than one execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, tecog named, its true and lawful attorney-in-fact to make,
nizances and other surety obligations, in pursuance
ol these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper pers0ns.
lN WTNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officcr or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of January 2026
Liberty Mutual lnsurance Company
The 0hio Casualty lnsurance Company
West American lnsurance Company .ltfil
By:

Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY ""
0nthis 5th dayof January ,2026 beloremepersonallyappearedNathanJ.Zangerle,whoacknowledgedhimselftobetheAssistantSecretaryofLibertyMutual lnsurance Company, Tlte ohio C-su-ityTornpany, and West Amedcan lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes contained by signing on behalf of the corporations by himself as a duly authorized officer lN WITNESS WHEREoF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.

By: /*t tt.
e0/*
\lcmber Pennsylranra Assocrnnon af Nolafles
Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE lV - oFFICERS: Section 12. Power of Attomey.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instrments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-inJact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE Xlll - Execution ofContracts: Section 5. Surety Bonds and Undertakings. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Company by their signature and execution of any such inskuments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation- The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such other surety obligations.
the same force and effect as though manually affixed.
l, Renee C. Llewellyn, the undersigned, Assistant Secrdlary, The ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company do has not been revoked.
lN TESTIMONY WHEREOF, I have hereunto set mi haiid and afllxed tt'e scals of said Companies this 2l st day of lvlay , 2026 1912 1919 1 991
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Commrssron number I 12604d
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LMS-12873 Llvllc OCIC WAIC MultiCoO2l24
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Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

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Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

SUBCONTRACTORS
Prime Contractor:___________________________________________ DIR NUMBER:_______________ Pursuant to California Public Contract Code §4100, the Bidder shall list each subcontractor who will perform Work or Labor or who will render service to the Prime Contractor in or about the construction of the Work or Improvement, or a subcontractor duly licensed who, under subcontract to the Prime Contractor, specially fabricates and installs a portion of the Work or Improvement according to detailed Drawings contained in the Contract Documents, in an amount in excess of 1/2 of 1 percent of the Prime Contractor's Total Bid or, in the case of Bids or Offers for the construction of streets or highways, including bridges, in excess of 1/2 of 1 percent of the Prime Contractor's total Bid or $10,000 whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted.

IF NO SUBCONTRACTORS WILL FURNISH WORK, THEN WRITE "NONE" BELOW IN THE SPACE PROVIDED.

NAME LICENSE NUMBER DIR NUMBER ADDRESS WORK ITEMS TO BE PERFORMED AND % OF ITEM
__________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Ornamental Solutions, Inc. 2000007266 NONE
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

Exhibit B

EXHIBIT B PAYMENT BY FORCE ACCOUNT
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

1 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
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

2 (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:

1.1 During that period

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

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

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

3. Fifteen percent (15%) percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location. If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

3 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

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
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

4 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 original-Contract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

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

1. Idled is paid as 1/2 day

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

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table. The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

5 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 non-owner-operated dump truck rental to City. The City Engineer shall determine the payment rate. Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

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

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

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

Exhibit C
EXHIBIT C WORKERS’ COMPENSATION INSURANCE

CERTIFICATION
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

1 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: ( )
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

Exhibit D
EXHIBIT_D_PERFORMANCE_BOND
Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7

1 EXHIBIT D

PERFORMANCE BOND
[Signatures on Following Page]
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to _________________________, hereinafter designated as the “Principal,” a contract for Project No. 25-048, “Security Fence Improvements at the Public Safety Facility”; 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.

Docusign Envelope ID: B9616CBB-10EB-8DA0-8110-B2C628ED91E7