Turlock City Council
July 14, 2026

City Council Meeting
Agenda
July 14, 2026
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
Mayor
Amy Bublak
Council Members
Kevin Bixel
Cassandra Abram
Erika Phillips
Rebecka Monez
(Vice Mayor)
City Manager
John J. Murphy
City Clerk
Nichole Fiez
City Attorney
Katie O. Lucchesi
PUBLIC PARTICIPATION: Members of the public can participate in City Council meetings in the following ways:

1. Attending in person
• City Hall Yosemite Room located at 156 S. Broadway, Turlock, California at 6:00 p.m.

2. Attending through zoom (Instructions below)
• Webinar Link: https://www.zoom.us/join
• Meeting ID: 867 6255 3296 Passcode: 092083
• Call In: 1-669-444-9171 and press pound (#)
PUBLIC COMMENT: The public may address the City Council in person by completing the speaker cards and providing to the Police Officer. To address the City Council remotely, follow the Instructions for Public Comment using Zoom. Public comment will begin with speakers attending in-person first, followed by those attending via remote participation.

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.

GOVERNMENT CODE § 84308 REGULATIONS: To promote transparency and fairness in the governmental decision-making process, there are rules to prevent public officials from being unfairly influenced by contributors to their campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,” and is governed in California by Government Code section 84308. Parties to any proceedings involving a “license, permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending before the City Council must disclose any campaign contribution over $500 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s).

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 14, 2026
Next City Council Resolution: 2026-088 Next Ordinance: 1350-CS

INSTRUCTIONS FOR PUBLIC COMMENTS USING ZOOM
Follow these steps to log into Zoom from your computer or smart device (Your device must have audio capability to participate.):

Go To: www.zoom.us/join
Enter Meeting ID: 867 6255 3296 Passcode: 092083
Follow these steps to call into Zoom from your telephone:

Dial 1-669-444-9171 and press pound (#)
Enter Meeting ID: 867 6255 3296 and press pound (#) Passcode: 092083

1. Use the “raise hand” function to join the queue to speak on the current agenda item when the Chair calls the item for discussion.

Computer / Smart Device Users: You can find the raise hand option under your participant’s name.

Telephone Users: Press star-nine (*9) on your phone to raise your hand. Press star-six (*6) to unmute when it is your turn to address City Council.
*Lower your hand if you choose not to speak or after you have made your comments by unchecking the raise hand option online.

2. Staff will call your name or the last four digits of your phone number when it is your time to speak.

3. You may state your name and city of residence at the beginning of your remarks for the minutes.

4. Speakers will have up to three minutes to make their remarks.

5. You may log off or hang up after making your comments.

DISCLAIMER: Participant names and/or phone numbers may be visible to all participants. The City records all public meetings.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 14, 2026
Next City Council Resolution: 2026-088 Next Ordinance: 1350-CS

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 Council.

5. PROCLAMATIONS, RECOGNITIONS, ANNOUNCEMENTS, PRESENTATIONS, AND

BRIEFINGS
A. Recognition of Harry Boucher for Being Selected as Grand Marshal of the Independence Day Parade
B. Turlock Partnership Incentive Program Check Presentation: Spa REM (Economic Development)
C. Turlock Partnership Incentive Program Check Presentation: Gorilla Coatings (Economic Development)

6. 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 Weekly Demands of June 5, 2026 through June 11, 2026 in the Amount of $2,655,261.16, Payroll EFT March 1, 2026 through March 31, 2026 in the Amount of $2,313,505.95, Weekly Demands of June 12, 2026 through June 18, 2026 in the Amount of $865,348.72, Weekly Demands of June 19, 2026 through June 25, 2026 in the Amount of $1,998,866.64 and Accounts Payable EFT April 1, 2026 through April 30, 2026 in the Amount of $283,922.53.

B. Accepting the Minutes of the June 23, 2026, Regular City Council Meeting C. In the Matter of Making Certain Findings and Determinations in Compliance with Section XIII.B of the California Constitution and Section 7910 of the California Government Code and Setting the Fiscal Year 2026-2027 Appropriation Limit for the City of Turlock (Finance) D. Awarding Bid and Approving an Agreement for $252,843 with California Building Structures Inc. for City Project No. 25-049 "Animal Control Facility Improvements" (Engineering)

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 14, 2026
Next City Council Resolution: 2026-088 Next Ordinance: 1350-CS E. Approving the Final Map and Subdivision Improvement Agreement with Torre Reich Construction, Inc., Conditioned Upon Construction of Improvements for the Atherton Estates Subdivision (VTSM 2025-01, Development Project No. 25-054), Developed by Torre Reich Construction, Inc. (Engineering)
F. Authorize the City Manager to Approve Payment to Winton-Ireland Strom & Green Insurance Agency, Inc., to Procure Insurance Coverage and Execute Insurance Agreements on Behalf of the City for Fiscal Year 2026-2027 Annual Insurance Renewals (Risk Management) G. Authorize the Police Department to over hire one (1) Additional Police Officer Position, Effective July 15, 2026 (Human Relations)
H. Authorizing the City Manager to Approve Payment to the Central San Joaquin Valley Risk Management Authority (CSJVRMA) for the Fiscal Year 2026-2027 Annual Renewals of the Pooled Liability Program, Low Value Vehicle Coverage, Employee Assistance Program, and General Administration Costs (Risk Management)
I. Approving the Purchase of Five (5) Ford Police Interceptor AWD Utility Vehicles from Folsom Lake Ford Pursuant to the State of California Contract No. 1-22-23-14C, for a Total Amount Not to Exceed $315,741.10 (Fleet)
J. Awarding a Contract to Trane U.S. Inc. in the Amount of $1,480,297.50 for Heating, Ventilation, Air Conditioning and Refrigeration Repair and Maintenance (Maintenance) K. Authorizing the Submission of a Measure L Rail Services Grant Application to StanCOG for Fiscal Year 2026-27 and 2027-28 for an On-Demand Rail Connectivity Project ($1,250,000) (Transit)
L. Reaffirming the Emergency Declaration and Determining the Construction of City Project No. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement” is Exempt from Provisions of CEQA (Engineering)

7. FINAL READINGS

8. PUBLIC HEARINGS
A. First Reading of an Ordinance Amending Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct) Chapter 17 (Itinerant Vendors) and Adding Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct) Chapter 29 (Sidewalk Vendors) (City Attorney)

9. ACTION ITEMS
A. Awarding Bid and Approving Agreements with Ensure Utility Inc. dba Phoenix Water Solutions in the Amount of $1,603,290 and Willdan Engineering in the Amount of $317,713 for City Project No. 25-057 “System Wide AMI and Water Meter Installation – Phase 1” (Engineering)

10. 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

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 14, 2026
Next City Council Resolution: 2026-088 Next Ordinance: 1350-CS allowed up to three (3) minutes for their comments. The total time allotted for this public comment period shall not exceed thirty (30) minutes. 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.

11. 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.

A. Monthly Department Reports

12. CLOSED SESSION

13. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS

14. ADJOURNMENT

City Council Staff Report
July 14, 2026
From: Isaac Moreno, Finance Director
Prepared by: Nadine Silva, Principal Accountant
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Resolution: Making certain findings and determinations in compliance with Section XIII.B of the California Constitution and Section 7910 of the California Government Code and setting the Fiscal Year 2026-2027 Appropriation Limit for the City of Turlock

2. NARRATIVE:

Annually, cities throughout California establish their Appropriation Limit under Article XIII.B of the California Constitution. The Appropriation Limit represents the level of city expenditures that can be funded using tax dollars. This calculation has its origin in Proposition 4, commonly known as the Gann Initiative; thus this calculation is sometimes referred to as the Gann Limit.

Proposition 4 was passed by California voters in November 1979 and places limits on the amount of tax revenue which can be spent by governmental entities on an annual basis.

Prop 4 became effective in Fiscal Year 1980-81 and used Fiscal Year 1978-79 revenues as the base for its calculations. The calculations were further refined by the passage of Proposition 111 in June 1990. The base year revenues are increased annually by a factor which combines the governmental entity’s population growth rate and the increase or decrease in the California per capita personal income. Cities may choose to use their own population growth rate or their county’s population growth rate and typically choose whichever is larger.

The Appropriation Limit provides for managed growth in the revenue received from the proceeds of taxes. The compliance requirements set forth the base year revenue from tax proceeds and each subsequent year’s growth in tax-based revenue is limited by a combination of population growth and cost-of-living growth.

The City of Turlock makes an annual determination of the most advantageous method for setting its annual limit. In the event the City was in the position of receiving increased tax proceeds which would exceed the limits authorized under the above compliance requirements, the City may place itself in the position of being required to pay back any accumulated tax over collections within the next two fiscal years.

The City is currently in no danger of reaching the limit as the 2026-2027 Appropriation Limit is $87,178,783 while proceeds from taxes are only $65,773,892 or approximately 75% of the amount allowed (see Attachment 2 for details).

3. FISCAL IMPACT / BUDGET AMENDMENT:

Agenda Staff Report
7/14/2026
There is no fiscal impact to the City’s budget as the limit exceeds the appropriations subject to limitation.

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

A. No alternative is provided as the adoption of the annual Appropriation Limit is required by California law.

6. ATTACHMENTS:

1. Draft Resolution for Adoption of City of Turlock Appropriation Limit FY 2026-2027

2. City of Turlock Calculation of the Appropriation Limit FY 2026-2027

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF MAKING CERTAIN } RESOLUTION NO. 2026-XXX FINDINGS AND DETERMINATIONS IN }
COMPLIANCE WITH SECTION XIII.B OF }
THE CALIFORNIA CONSTITUTION AND }
SECTION 7910 OF THE CALIFORNIA }
GOVERNMENT CODE AND SETTING THE }
FISCAL YEAR 2026-2027 APPROPRIATION }
LIMIT FOR THE CITY OF TURLOCK }
}
WHEREAS, new cost of living factors and new population factors have been established for determining the City’s annual appropriation limit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby:

1. Establish the City of Turlock’s Appropriation Limit for the 2026-2027 Fiscal Year to be $87,178,783, in compliance with Article XIII.B of the Constitution of the State of California and Section 7910 of the California Government Code. The total appropriations subject to limitation are $65,773,892 (refer to Attachment 2).

2. Select the County’s or City’s population growth factor, whichever is greater, of -0.19% for use in the computation of such limitation for Fiscal Year 2026-2027.

3. Select California’s Per-Capita Personal Income cost-of-living factor of 4.95% to be used in the computation of the limitation for Fiscal Year 2026-2027. The City reserves the right to change this selection at some future time when necessary information becomes available on a regular and legislated basis.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of July, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

Attachment 2
Per Capita
Personal Population
Income Per Capita Population Change
Change Ratio Change* Ratio Factor Limit
from Dept of
Finance letter
from Dept of
Finance letter 77,948,458$
FY 25-26 6.44 1.0644 0.31 1.0031 1.067700 83,225,569$
FY 26-27 4.95 1.0495 -0.19 0.9981 1.047500 87,178,783$
* Population change used is the greater of the annual population change for the City of Turlock or Stanislaus County as published by the Department of Finance - Price and Population Information Subject to Appropriation Limit
Secured and Unsecured Property Taxes 10,872,000
Sales and Use Tax 38,402,312
Hotel/Motel Tax 1,856,000
Business License Taxes 1,797,600
Prop 172 Sales Tax 421,600
Property Taxes in Lieu of Motor Vehicle 10,150,000
Interest Income Allocated to Revenues Subject to Appropriation Limit 2,274,380 Total Subject to the Appropriations Limit 65,773,892 75% % of Tax Revenue
Appropriations Limit 87,178,783
Non Tax Proceeds 21,404,891
% of Non Tax Revenue 25%
City of Turlock
Calculation of the Appropriation Limit
Fiscal Year 2026-2027

City Council Staff Report
July 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Stephen Fremming, P.E., Principal Civil Engineer Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement with California Building Structures Inc. of Modesto, California in the amount of $252,843.00 and authorizing a construction contingency amount of $25,284 (10.0%) for the construction of City Project No. 25-049 "Animal Control Facility Improvements" to be funded by Fund 119 "American Rescue Plan Act (ARPA)”.

Resolution: Determining the award of bid for the construction of City Project No. 25-049 "Animal Control Facility Improvements" is exempt from the provisions of CEQA in accordance with Section 15301 (Existing Facilities) of the CEQA Guidelines.

2. NARRATIVE:

The Animal Control Facility is operated by the Turlock Police Department (TPD) and is located at 801 South Walnut Road. The facility includes several structures built in phases.

The first structure was a masonry animal shelter building likely built in the 1980s or earlier.

Improvements were made in 2008 to re-roof this facility and install new animal enclosures. A 2,160 square foot modular office building was added to the facility in 2005 and houses animal control staff. A 667 square foot animal shelter masonry building was built adjacent to the original animal shelter in 2006.

The Police Department desires to improve various elements of the animal control facility with available ARPA funding. There are several items of work that are necessary to be addressed due to natural wear and tear on the facility as well as a desire for improved operations. Project plans and specifications were prepared by a design consultant with an on-call agreement with the City, RED Inc. Architects. The project scope includes:
• Repair of select animal enclosures at both kennel buildings • Replacement of the concrete curb for the V track for the vehicle gate at the public entrance
• Reconstruction of select asphalt concrete pavement near the public entrance • Installation of a closed-circuit television (CCTV) security camera system • Replacement of several exterior doors and frames at both kennel buildings • Replacement of one shower in the modular office building • Replacement of flooring and wall base materials in the modular office building On May 23, 2026, a Notice to Contractors was published in the Turlock Journal inviting bidders to submit proposals for construction of City Project No. 25-049 "Animal Control Facility Improvements." Three bid proposals were received on June 15, 2026.

Agenda Staff Report
7/14/2026

BIDDER'S SUMMARY
An additive bid alternate was included on the bid form which, if accepted, would include an automatic gate operator to the vehicle gate at the public entrance off of S. Walnut Road and vehicle detection loops and this pricing is shown in the attached bidder's summary. Turlock Police Department staff are not interested in including the additive bid alternate in the scope of work due to funding limitations.

City staff has verified that the bid submitted by California Building Structures 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 California Building Structures Inc. in the amount of $252,843.00.

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.

Agenda Staff Report
7/14/2026
Funding is available and no additional budget transfer is necessary 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.

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. Bidder's Summary

3. Agreement CC 2077-036 with California Building Structures Inc.

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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. 25-049 "ANIMAL CONTROL
FACILITY IMPROVEMENTS" IS EXEMPT FROM

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

THE CEQA GUIDELINES
WHEREAS, City Project No. 25-049 "Animal Control Facility Improvements" involves various improvements to the facility including repair of select animal enclosures at both kennel buildings, replacement of the concrete curb for the V track for the vehicle gate at the public entrance, installation of an automatic gate operator for the vehicle gate at the public entrance, reconstruction of select asphalt concrete pavement near the public entrance, installation of a close circuit television (CCTV) security camera system, replace several exterior doors and frames at both kennel buildings, replace one shower in the modular office building, replace flooring and wall base materials in the modular office building; 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. 25-049 "Animal Control Facility Improvements" 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 14th day of July, 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: Animal Control Facility Improvements
PROJECT NUMBER: 25-049
BID OPENING: June 15, 2026 3:00 PM
ANTICIPATED COUNCIL AWARD DATE: July 14, 2026
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 & Demobilization LS 1 27,000.00$ 27,000.00$ 23,180.00$ 23,180.00$ 25,400.00$ 25,400.00$ 11,050.00$ 11,050.00$ 2 Remove Existing Improvements LS 1 40,000.00$ 40,000.00$ 16,072.00$ 16,072.00$ 9,216.39$ 9,216.39$ 26,840.00$ 26,840.00$ 3 Repair Animal Enclosures LS 1 26,800.00$ 26,800.00$ 24,000.00$ 24,000.00$ 77,725.27$ 77,725.27$ 185,685.00$ 185,685.00$ 4 Replace Kennel Buildings Exterior Doors and Hardware LS 1 10,720.00$ 10,720.00$ 21,000.00$ 21,000.00$ 35,106.61$ 35,106.61$ 19,554.00$ 19,554.00$ 5 Replace Animal Control Office Flooring and Wall Base LS 1 33,500.00$ 33,500.00$ 30,800.00$ 30,800.00$ 46,119.61$ 46,119.61$ 18,369.60$ 18,369.60$ 6 Replace Animal Control Office Shower LS 1 4,020.00$ 4,020.00$ 11,000.00$ 11,000.00$ 17,995.98$ 17,995.98$ 15,309.40$ 15,309.40$ 7 Low Voltage CCTV Camera System LS 1 67,000.00$ 67,000.00$ 15,000.00$ 15,000.00$ 75,628.50$ 75,628.50$ 82,680.00$ 82,680.00$ 8 Earthwork LS 1 13,400.00$ 13,400.00$ 12,178.00$ 12,178.00$ 10,340.34$ 10,340.34$ 9,060.00$ 9,060.00$ 9 Minor Concrete (Vertical Curb) LF 17 120.60$ 2,050.20$ 471.00$ 8,007.00$ 103.28$ 1,755.76$ 175.00$ 2,975.00$ 10 Minor Concrete (Flush Curb) LF 31 100.50$ 3,115.50$ 388.00$ 12,028.00$ 159.67$ 4,949.77$ 96.00$ 2,976.00$ 11 Aggregate Base CY 11 268.00$ 2,948.00$ 1,000.00$ 11,000.00$ 855.98$ 9,415.78$ 88.00$ 968.00$ 12 Hot Mix Asphalt TON 14 335.00$ 4,690.00$ 1,327.00$ 18,578.00$ 1,104.90$ 15,468.60$ 618.00$ 8,652.00$ 13 All other work not included in other base bid items LS 1 13,400.00$ 13,400.00$ 50,000.00$ 50,000.00$ 9,525.00$ 9,525.00$ 20,011.61$ 20,011.61$ Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 14 Automatic Vehicle Gate Operator LS 1 20,000.00$ 20,000.00$ 21,000.00$ 21,000.00$ 12,560.30$ 12,560.30$ 10,693.20$ 10,693.20$ 15 Detector Loops LS 1 6,000.00$ 6,000.00$ 4,000.00$ 4,000.00$ 3,810.00$ 3,810.00$ 5,618.40$ 5,618.40$ 16 All other work not included in other additive bid alternate items LS 1 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 21,774.15$ 21,774.15$ 20,419.40$ 20,419.40$

BASE BID SCHEDULE
ADDITIVE BID ALTERNATE ENGINEER'S ESTIMATE CALIFORNIA BUILDING STRUCTURES INC. TAYLOR BACKHOE SERVICE, INC. KHB CONSTRUCTION MODESTO, CA Additive Bid Alternate Total = 31,000.00$ 33,000.00$ 38,144.45$ 36,731.00$ Base Bid Total =

ENGINEER'S ESTIMATE

CALIFORNIA BUILDING
STRUCTURES INC.

MODESTO, CA

TAYLOR BACKHOE SERVICE,
INC.

MERCED, CA

KHB CONSTRUCTION

MODESTO, CA
248,643.70$ 252,843.00$ 338,647.61$ 404,130.61$

CITY CONTRACT NO. 2027-036 1
CITY PROJECT NO. 25-049
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT
City Project No. 25-049
Animal Control Facility Improvements
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and California Building Structures Inc, a California corporation (“Contractor”), on Tuesday, July 14, 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 Animal Control Facility Improvements (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 July 14, 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.

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

CITY CONTRACT NO. 2027-036 2
CITY PROJECT NO. 25-049
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 Animal Control Facility Improvements; 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 Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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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 Animal Control Facility Improvements.” 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 Fifty Two Thousand Eight Hundred Forty Three and No/100ths ($252,843.00) (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
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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 sixty (60) 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 seventy (70) 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.

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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: 0C0BB511-9C6F-8D53-8353-34D734205354

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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 Seven Hundred and No/100ths Dollars ($700.00) 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/100ths 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 Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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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, Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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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 Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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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: 0C0BB511-9C6F-8D53-8353-34D734205354

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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: 0C0BB511-9C6F-8D53-8353-34D734205354

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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: 0C0BB511-9C6F-8D53-8353-34D734205354

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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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CITY CONTRACT NO. 2027-036 13
CITY PROJECT NO. 25-049
Rev. 08/2025
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: 0C0BB511-9C6F-8D53-8353-34D734205354

CITY CONTRACT NO. 2027-036 14
CITY PROJECT NO. 25-049
Rev. 08/2025
"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. CONTRACTORS POLLUTION INSURANCE
Intentionally Omitted.

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 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 Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

CITY CONTRACT NO. 2027-036 15
CITY PROJECT NO. 25-049
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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.

21. INDEPENDENT CONTRACTOR
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CITY CONTRACT NO. 2027-036 16
CITY PROJECT NO. 25-049
Rev. 08/2025
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.

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CITY CONTRACT NO. 2027-036 17
CITY PROJECT NO. 25-049
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: California Building Structures Inc
Attn: Brandon James, Vice President
1220 Reno Ave Ste H
Modesto, CA 95353
If to Contractor’s Sureties: Western Surety Company
to be added
to contract record.

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CITY CONTRACT NO. 2027-036 18
CITY PROJECT NO. 25-049
Rev. 08/2025

26. CITY CONTRACT ADMINISTRATOR
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 Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

CITY CONTRACT NO. 2027-036 19
CITY PROJECT NO. 25-049
Rev. 08/2025
consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

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

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

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

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

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
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CITY CONTRACT NO. 2027-036 20
CITY PROJECT NO. 25-049
Rev. 08/2025
This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

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

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

41. ATTORNEY'S FEES AND COSTS
Except as expressly provided for in 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; Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

CITY CONTRACT NO. 2027-036 21
CITY PROJECT NO. 25-049
Rev. 08/2025
(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.

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: 0C0BB511-9C6F-8D53-8353-34D734205354

IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 59 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.

California Building Structures Inc CITY OF TURLOCK, a municipal corporation **signature_130234**

SIGNATURE
**name_130234**

FULL NAME
**role_130234**
TITLE
**text_130234_6a65892e**

ADDRESS
**text_130234_4f41100e**
PHONE
**date_signed_130234**

DATE SIGNED
**signature_130238**

SIGNATURE
**name_130238**

FULL NAME
**role_130238**
TITLE
**date_signed_130238**

DATE SIGNED
APPROVED AS TO SUFFICIENCY:
**signature_130235**

SIGNATURE
**name_130235**

FULL NAME
**role_130235**
TITLE
**date_signed_130235**

DATE SIGNED
**signature_130242**

SIGNATURE
**name_130242**

FULL NAME
**role_130242**
TITLE
**date_signed_130242**

DATE SIGNED
APPROVED AS TO FORM:

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354 1220 Reno Ave STE H
Vice President
Brandon James
209 534-2165
6/24/2026
William D. Morris
RCE, PLS, City Engineer

**signature_130241**

SIGNATURE
**name_130241**

FULL NAME
**role_130241**
TITLE
**date_signed_130241**

DATE SIGNED
ATTEST:
**signature_130232**

SIGNATURE
**name_130232**

FULL NAME
**role_130232**
TITLE
**date_signed_130232**

DATE SIGNED
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Exhibits List

A - A - EXHIBIT A CONSTRACTOR'S PROPOSAL FOR SERVICES

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

D - D - EXHIBIT D PERFORMANCE BOND
E - E - EXHIBIT_E_PAYMENT_BOND
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Exhibit A

A - EXHIBIT A CONSTRACTOR'S PROPOSAL FOR

SERVICES
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

City of Turlock, CA
Municipal Services-Engineering
Chris Fisher, Director
156 So. Broadway, Turlock, CA 95380
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
RESPONSE DEADLINE: June 15, 2026 at 3:00 pm
Report Generated: Wednesday, June 17, 2026
California Building Structures Inc Response

CONTACT INFORMATION
Company:

California Building Structures Inc
Email:
[email protected]
Contact:

Brandon James
Address:
1220 Reno Ave STE H
Modesto, CA 95357
Phone:
(209) 534-2165
Website:

N/A
Submission Date:

Jun 15, 2026 1:53 PM (Pacific Time)
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

ADDENDA CONFIRMATION
Addendum #1
Confirmed Jun 8, 2026 12:07 PM by Brandon James
Addendum #2
Confirmed Jun 8, 2026 12:07 PM by Brandon James
Addendum #3
Confirmed Jun 15, 2026 8:03 AM by Brandon James

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
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

2. Request for Substitutions*
Pass
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
30 years
NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Pass
Brandon James
DATE OF INSPECTION*
Pass
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

06/08/2026

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
Fire Station 21 Renovations, 461 Mitchell Rd., Modesto, CA 95354 REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* Pass
Commercial Remodel, Flooring/Abatement/Drywall/Paint
REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* Pass
Stanislaus Consolidated Fire Protection District, 3324 Topeka St. Riverbank, CA 95367, (209) 869-7470 REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?* Pass
N/A
REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
Pass
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

$115,461
REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
N/A
REFERENCE #1: DATE OF PROJECT COMPLETION
Pass
05/05/2026
REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

Pass
$0
REFERENCE #2: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Pass
P101496, Mill Shop Conversion
REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Pass
Commercial Remodel, Paint/Drywall/Flooring/Cubicles/HVAC/Electrical REFERENCE #2: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Pass
Chris Martin, 10203 Bonds Flat Rd., La Grange, CA 95329, (209)620-5771 Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Pass
N/A
REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

Pass
$230,988
REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
n/a
REFERENCE #2: DATE OF PROJECT COMPLETION
Pass
04/10/2026
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

Pass
$0
REFERENCE #3: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Pass
24-0027, Bakersfield Metal Building
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

REFERENCE #3: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Pass
Commercial Metal Building, Rigid Frame Building/Foundation/Insulation/Electrical/Solar/Parking Lot ADA Upgrades REFERENCE #3: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Pass
Dave Martini, 4730 Armstrong Rd, Bakersfield, CA 93313, (209)523-3002 REFERENCE #3: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Pass
Mozaffari Engineering
REFERENCE #3: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

Pass
$800,000
REFERENCE #3: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
N/A
REFERENCE #3: DATE OF PROJECT COMPLETION
Pass
03/24/2026
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

REFERENCE #3: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

Pass
$0
REFERENCE #4: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Pass
DMG/WBS Remodel
REFERENCE #4: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Pass
Commercial TI, Flooring/Drywall/Paint/Data/Cubicles/Plumbing/Electrical REFERENCE #4: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Pass
Justin Manuel, 3800 Finch Rd, Modesto, CA 95357, [email protected] REFERENCE #4: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Pass
N/A
REFERENCE #4: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

Pass
$504,985
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

REFERENCE #4: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
N/A
REFERENCE #4: DATE OF PROJECT COMPLETION
Pass
04/22/2025
REFERENCE #4: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

Pass
$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?* Pass
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:

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
No
BIDDER'S BOND*
Pass
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
• BIDDERS_BOND.pdf
Bidders_Bond.pdf

7. OTHER DOCUMENTS AND CERTIFICATIONS
SUBCONTRACTORS*
Pass
Please download the below documents, complete, and upload. • SUBCONTRACTORS.Update.pdf
Subcontractor_list.pdf
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

PRICE TABLES

BASE BID
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization & Demobilization 1 LS $23,180.00 $23,180.00 2 Remove Existing Improvements 1 LS $16,072.00 $16,072.00 3 Repair Animal Enclosures 1 LS $24,000.00 $24,000.00
4 Replace Kennel Buildings Exterior Doors and Hardware 1 LS $21,000.00 $21,000.00 5 Replace Animal Control Office Flooring and Wall Base 1 LS $30,800.00 $30,800.00 6 Replace Animal Control Office Shower 1 LS $11,000.00 $11,000.00 7 Low Voltage CCTV Camera System 1 LS $15,000.00 $15,000.00 8 Earthwork 1 LS $12,178.00 $12,178.00
9 Minor Concrete (Vertical Curb) 17 LF $471.00 $8,007.00 10 Minor Concrete (Flush Curb) 31 LF $388.00 $12,028.00 11 Aggregate Base 11 CY $1,000.00 $11,000.00
12 Hot Mix Asphalt 14 TON $1,327.00 $18,578.00
13 All other work not included in other base bid items 1 LS $50,000.00 $50,000.00 TOTAL $252,843.00
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-049
Animal Control Facility Improvements
[CALIFORNIA BUILDING STRUCTURES INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Animal Control Facility Improvements

ADDITIVE BID ALTERNATE
Line Item Description Quantity Unit of
Measure
Unit Cost Total
14 Automatic Vehicle Gate Operator 1 LS $21,000.00 $21,000.00 15 Detector Loops 1 LS $4,000.00 $4,000.00
16 All other work not included in other additive bid alternate items 1 LS $8,000.00 $8,000.00 TOTAL $33,000.00
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Exhibit B

EXHIBIT B PAYMENT BY FORCE ACCOUNT
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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: 0C0BB511-9C6F-8D53-8353-34D734205354

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: 0C0BB511-9C6F-8D53-8353-34D734205354

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: 0C0BB511-9C6F-8D53-8353-34D734205354

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: 0C0BB511-9C6F-8D53-8353-34D734205354

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: 0C0BB511-9C6F-8D53-8353-34D734205354

Exhibit C
EXHIBIT C WORKERS’ COMPENSATION INSURANCE

CERTIFICATION
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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: 0C0BB511-9C6F-8D53-8353-34D734205354

Exhibit D

D - EXHIBIT D PERFORMANCE BOND
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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 California Building Structures Inc, hereinafter designated as the “Principal,” a contract for Project No. 25-049, “Animal Control Facility Improvements”; 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: 0C0BB511-9C6F-8D53-8353-34D734205354

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
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

Exhibit E
E - EXHIBIT_E_PAYMENT_BOND
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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 California Building Structures Inc, hereinafter designated as the “Principal”, a contract for Project No. 25-049, “Animal Control Facility Improvements”; 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.

Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

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
Docusign Envelope ID: 0C0BB511-9C6F-8D53-8353-34D734205354

City Council Staff Report
July 14, 2026
From: Bill Morris, City Engineer
Prepared by: Carrie Braley, Staff Services Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Approving the Final Map and Subdivision Improvement Agreement with TORRE REICH CONSTRUCTION, INC., conditioned upon construction of improvements for the ATHERTON ESTATES subdivision (VTSM 2025-01, Development Project No. 25-054), developed by TORRE REICH CONSTRUCTION, INC.

2. NARRATIVE:

The ATHERTON ESTATES subdivision includes subdividing 11.27 acres into 22 residential lots that will be developed generally in accordance with standards established for the Very Low Density Residential (R-E) zoning district as established in the East Tuolumne Master Plan. The ATHERTON ESTATES subdivision is located at 3130 E. Tuolumne Road (APN 073-016-011). The Planning Commission originally approved the vesting tentative subdivision map after holding a public hearing on May 1, 2025, contingent upon obtaining City Council approval of Rezone 2025-01(PD 285), which Council approved June 10, 2025.

The resolutions are attached to this staff report (Attachments “1” & “2”).

The division of land for development is subject to the requirements and procedures in the California Map Act. The division of land into four (4) or less parcels is executed through the parcel map process. The division of land into five (5) or more parcels is executed through the subdivision map process. Since the ATHERTON ESTATES subdivision is a division of an existing parcel into 22 residential parcels, the division of land for this development will follow the subdivision map process.

Developments using the parcel map process are allowed to defer necessary improvements by placing a statement on the final map. Developments using the subdivision map process, however, must either install the improvements prior to recordation of the final map or execute an agreement to install the improvements within a specified amount of time. In an effort to expedite the recordation of the final map, the developers of the ATHERTON ESTATES subdivision have chosen to execute an agreement to install the improvements. This agreement, otherwise known as a Subdivision Improvement Agreement, allows the developer to move forward with the development project while ensuring the construction of the infrastructure improvements within a specified timeframe.

The Subdivision Map Act provides the City with means to allow developers to subdivide parcels and to promote development. Final maps convert a tentative subdivision map from a conceptual approval by the City’s Planning Commission into a legal subdivision of land, and they locate precisely the land being subdivided and how that land is to be subdivided.

The recordation of the final map is consistent with the policy goals of the City. The final map and agreement conditioned upon construction of improvements for the ATHERTON ESTATES subdivision, when executed, will ensure that the development installs the required

Agenda Staff Report
7/14/2026
improvements.

Pursuant to Section 66462 of the Subdivision Map Act, the City Council may require the subdivider to enter into a subdivision improvement agreement if the improvements conditioned to the subdivision have not been completed and accepted prior to the approval of the final map.Pursuant to Section 66458 of the Subdivision Map Act and Turlock Municipal Code 11-5-601, the City Council has the authority to approve all final maps.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No direct impact. The subdivision is a private development and paid for by the developer, TORRE REICH CONSTRUCTION, INC. The subdivision, as a condition of development, will join the Community Facilities District #3 (maintenance services) to pay for the maintenance of the public infrastructure created by this development.

4. ENVIRONMENTAL DETERMINATION:

On June 10, 2025, the City Council adopted a Mitigated Negative Declaration of Environmental Effect and Mitigation Monitoring and Reporting Program.

5. ALTERNATIVES:

A. Council could choose to reject the Subdivision Improvement Agreement. Staff does not recommend this action as the developer has agreed to the terms and conditions of the agreement, and the agreement complies with the requirements and conditions of the vesting tentative subdivision map.

B. Council could choose to disapprove the final map. Staff does not recommend this alternative as the final map complies with the requirements and conditions of the vesting tentative subdivision map and is required to be approved and recorded prior to the issuance of building permits.

6. ATTACHMENTS:

1. VTSM 2025-01, Reso 2025-12 Recorded

2. COA Reso 2025-123 Recorded

3. SM 25-03 ATHERTON ESTATES SIA

4. SM 25-03 ATHERTON ESTATES - Exhibit 'A'

- 1 -
EXHIBIT "A"

REIMBURSEMENT / IMPROVEMENT AGREEMENT

ATHERTON ESTATES
I. WATER:

A. TMC 6-5.202 CHARGES FOR WATER LINES OR WATER ASSESSMENT FEES WATER MAIN FRONTAGE:

AMOUNT FROM DEVELOPER:
1,321.7 LF of Waterline @ 50.51/LF……………………………………………………. $ 66,759.00 TIME: 22 PARCELS @ $3,034.50/PARCEL

ADJUSTED BY THE ENR TO BE PAID WITH EACH BUILDING PERMIT B. TMC 6-5.204
EXTENSION TO OTHER PROPERTY: (ENR ADJUSTED)
AMOUNT FROM CITY:

NONE
TIME: 30 DAYS AFTER CITY FILES NOTICE OF COMPLETION
C. TMC 6-5.205
WATER MAINS CONSTRUCTED: (ENR ADJUSTED)
AMOUNT FROM CITY:

NONE
TIME: UPON COLLECTION FROM PROPERTY OWNERS WITHIN TEN (10) YEARS

AFTER DATE OF ACCEPTANCE
OVERSIZED LINES CONSTRUCTED:

AMOUNT FROM CITY:

NONE
TIME: 30 DAYS AFTER CITY FILES NOTICE OF COMPLETION
D. TMC 6-5.207
WATER WELL SITE:

AMOUNT FROM CITY:

NONE
TIME: UPON CONVEYANCE OF TITLE

-Continued-
- 2 -
II. SANITARY SEWER:

A. TMC 6-4.503
CONNECTION:

AMOUNT FROM DEVELOPER:

NONE
TIME: PRIOR TO APPROVAL OF THE RECORD MAP
B. TMC 6-4.505
EXTENSION TO OTHER PROPERTY: (ENR ADJUSTED)
AMOUNT FROM CITY:

NONE
TIME: 30 DAYS AFTER CITY FILES NOTICE OF COMPLETION
SEWER MAINS CONSTRUCTED: (ENR ADJUSTED)
AMOUNT FROM CITY:

NONE
TIME: UPON COLLECTION FROM PROPERTY OWNERS WITHIN TEN (10) YEARS

AFTER DATE OF ACCEPTANCE
OVERSIZED LINES CONSTRUCTED:

AMOUNT FROM CITY:

NONE
TIME: 30 DAYS AFTER CITY FILES NOTICE OF COMPLETION
C. TCM 6-4.1103 SEWER MAIN FRONTAGE FEE
SEWER MAIN FRONTAGE:

AMOUNT FROM DEVELOPER:

NONE
TIME: AT TIME OF BUILDING PERMITS

ADJUSTED BY THE ENR TO BE PAID WITH EACH BUILDING PERMIT

-Continued-
- 3 -
III. STORM DRAINAGE:

A. TMC 6-5.802 MASTER DRAINAGE FACILITIES OR FEE REQUIRED MASTER:

AMOUNT FROM DEVELOPER:

11.27 acres @ $6,503.19/acre of residential development……………………$73,290.95 TIME: 22 PARCELS @ $3,431.35/PARCEL

ADJUSTED BY THE ENR TO BE PAID WITH EACH BUILDING PERMIT B. TMC 6-5.806
LOCAL:

AMOUNT FROM CITY:

NONE
TIME: UPON COLLECTION FROM PROPERTY WITHIN TEN YEARS OR FROM APPLICABLE STORM DRAINAGE FUND 30 DAYS AFTER CITY FILES NOTICE OF

COMPLETION
IV. MISCELLANEOUS:

A. TMC 7-5.02
STREET LIGHT INSTALLATION:

AMOUNT FROM DEVELOPER:

NONE
TIME: PRIOR TO APPROVAL OF THE RECORD MAP
B. TMC 11-7.202
IN LIEU PARK FEES:

AMOUNT FROM DEVELOPER:

Park Land: 22 dwelling units x 3.0 persons/household
x 3.5 acres/1000 persons x $180,000/acre………………………………….……………$41,580.00 TIME: NEIGHBORHOOD PARK PORTION: 22 PARCELS @ $1,417.50/PARCEL COMMUNITY PARK PORTION: 22 PARCELS @ $ 472.50/PARCEL

TO BE PAID WITH EACH BUILDING PERMIT

City Council Staff Report
July 14, 2026
From: Paul Loehr, Risk Management Director
Prepared by: Paul Loehr, Risk Management Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Authorize the City Manager to approve payment to Winton-Ireland Strom & Green Insurance Agency, Inc., to procure insurance coverage and execute insurance agreements on behalf of the City for Fiscal Year 2026-2027 annual insurance renewals of Airport Liability Insurance in the amount of $5,738; Cyber Liability Insurance in the amount of $24,762.17; Employment Practices Liability Insurance in the amount of $49,460; Excess Workers' Compensation Insurance in the amount of $147,147; Property Insurance, High Value Vehicle and Equipment Insurance, Crime Insurance and Bonds in the amount of $364,852.70; and Sexual Misconduct and Molestation Liability Insurance in the amount of $10,575.95.

2. NARRATIVE:

On April 25, 2023, the City Council authorized the City Manager to enter into a multi-year agreement with Winton-Ireland Strom & Green Insurance Agency, Inc. to provide Insurance Broker Services. The scope of services outlined in the agreement includes procuring insurance coverage for various lines of insurance, including Airport Liability Insurance, Cyber Liability Insurance, Employment Practices Liability Insurance (EPLI), Excess Workers’ Compensation Insurance, Property Insurance, High Value Vehicle and Equipment Insurance, Crime Insurance and Bonds, and Sexual Misconduct/Molestation Liability Insurance. Winton-Ireland Strom & Green Insurance Agency, Inc. has provided the City with the following insurance proposals for Fiscal Year 2026-2027.

Airport Liability Insurance
The City’s Commercial General Liability coverage with the Central San Joaquin Valley Risk Management Authority excludes all liability associated with an airport, including nonaviation-related liability. The proposed insurance policy renewal with National Union Fire Insurance provides $5,000,000 of liability coverage to cover the Turlock Municipal Airport.

The annual premium amount for Fiscal Year 2026-2027 is $5,738, which is a 2.5% increase, or $138, from Fiscal Year 2025-2026.

Cyber Liability Insurance
Cyber Liability Insurance provides coverage should there be a data privacy breach or cyberattack on City computers, networks, or systems. This insurance coverage also includes business interruption losses and payments for notification and credit monitoring in the event that personal identifiable information is exposed. Last year, the City increased the coverage limit from $1,000,000 to $2,000,000 based on industry trends and increased exposures from cyber-attacks. Additionally, the City switched carriers from Travelers Casualty & Surety Company of America (Travelers) to Lexington Insurance Company (an AIG Carrier). The annual premium amount for Fiscal Year 2026-2027 went down significantly from $43,382.03 to $24,762.17, which is a decrease of $18,619.86, or 43%, due to a change in payroll reporting.

Agenda Staff Report
7/14/2026
Employment Practices Liability Insurance
Employment Practices Liability Insurance (EPLI) coverage provides coverage for potential employee actions against the City of Turlock, including, but not limited to, discrimination, harassment, and wrongful termination claims. For Fiscal Year 2026-2027, the recommendation is to switch carriers from ACE American/Chubb (ACE) to RSUI Indemnity Company (RSUI) for better coverage and a lower premium. The proposed premium amount from RSUI for Fiscal Year 2026-2027 is $49,460, which is approximately 13.4%, or $7,634, lower than ACE in Fiscal Year 2025-2026 and $9,544, or 16.2%, lower than ACE's renewal for Fiscal Year 2026-2027.

Excess Worker’s Compensation Insurance
The City is self-insured for Workers’ Compensation claims up to a per-claim limit of $1,250,000. The excess workers’ compensation policy covers any claim that exceeds the $1,250,000 retention amount. For Fiscal Year 2026-2027, it is recommended that the City change carriers from Arch to Safety National, which has a higher carrier rating and a lower premium. In Fiscal Year 2025-2026, Arch's premium was $156,681 and their renewal quote for Fiscal Year 2026-2027 is 14.4% higher at $179,253. The proposed premium from Safety National for Fiscal Year 2026-2027 is $147,147, which is $9,534, or 6.1%, lower than Arch in Fiscal Year 2025-2026, and $32,106, or 17.9%, lower than Arch's renewal rate for Fiscal Year 2026-2027.

Property, Auto, Crime Insurance
AIG/Glatfelter Insurance Company currently provides the City’s insurance for property, mobile equipment, crime/bond, and auto physical damage coverage for high-value vehicles over $25,000. The Fiscal Year 2025-2026 premium at inception was $319,607.03, with covered property values totaling $354,633,460. During the term of coverage, the City added new property, vehicles, and equipment that increased the total covered property values to $359,247,400 at the end of the term, resulting in an annualized premium of $344,373.71.

For Fiscal Year 2026-2027, AIG/Glatfelter Insurance Company is offering a premium of $364,268.70 to cover current total property values of $371,149,564, and it includes Crime Insurance Coverage in the amount of $2,000,000. This renewal quote represents a premium increase of $19,894.99, or 5.8%, from the premium at the end of the term for Fiscal Year 2025-2026. The rate increase is primarily due to the total combined value of all property, equipment, and autos increasing by approximately 3.3%, or $11,902,164, during this period.

In addition to Crime Insurance, the City is purchasing Public Official Bonds, as required by Turlock Municipal Code Sections 2-4-101 through 2-4-104, for four positions including City Manager, City Clerk, City Treasurer, and Finance Director through Great American Insurance for $584.

Sexual Abuse/Molestation Insurance
The City procures Sexual Abuse/Molestation Insurance to cover activities associated with various recreation and after-school programs that the City manages and supports. This insurance provides protection from claims of sexual abuse or other inappropriate behavior made against the City and its employees. For Fiscal Year 2026-2027, the policy renewal amount with Lloyd's was reduced from $20,636 in Fiscal Year 2025-2026 to $10,575.95,

Agenda Staff Report
7/14/2026
which is $10,060.05 lower, due to a reduction in staffing for the after-school program. The limit of liability amount of $1,000,000 and the self-insured retention amount of $25,000 remained unchanged.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Appropriations for the various insurance premiums have been budgeted during the Fiscal Year 2026-2027 budget process. These insurance premiums will be paid directly to WintonIreland Strom & Green Insurance Agency, Inc as follows:
• Airport Liability Insurance in the amount of $5,738 from account 110-10- 112.43100_001.
• Cyber Liability Insurance in the amount of $24,762.17 from account 512-10- 152.43100_006.
• Employment Practices Liability Insurance in the amount of $49,460 from account 512- 10-152.43100_004.
• Excess Workers' Compensation Insurance in the amount of $147,147 from account 510-10-150.43192.
• Property Insurance, High Value Vehicle Insurance, Equipment Insurance, and Crime/Bond Insurance in the total amount of $364,852.70 from the following accounts:
o Property Insurance (Buildings, Contents, and Policy Taxes and Fees) in the amount of $259,748.70 from various funds in 43100_001 and Housing. o Vehicles/Mobile Equipment Insurance in the amount of $102,958 from various funds in 46034.
o Crime Insurance and Bonds in the amount of $2,146 from fund 512-10- 152.43100_002
• Sexual Misconduct and Molestation Liability Insurance in the amount of $10,575.95 from various funds in account 43100_007.

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

Staff do not recommend taking any alternative action.

6. ATTACHMENTS:

1. FY 2026-2027 Airport Renewal

2. FY 2026-2027 Cyber Renewal

3. FY 2026-2027 EPLI Renewal

4. FY 2026-2027 Excess Workers Compensation Renewal

5. FY 2026-2027 Property, Auto, Crime Renewal

6. FY 2026-2027 Bond Renewal

7. FY 2026-2027 Abuse and Molestation Renewal

CITY OF TURLOCK
Airport Liability Policy (OL&T)
Effective: July 1, 2026 to July 1, 2027

EXPIRING POLICY RENEWAL POLICY
2025 - 2026 2026 - 2027
Insurance Carrier National Union Fire Ins. National Union Fire Ins.

Rating AM Best Rating A XV AM Best Rating A XV
Admitted Yes Yes
Duty to Defend Yes Yes
Claims-Made No No
Coverage:

Commercial General Liability (Owners/Landlords &
Tenants)
Each Occurrence Limit $5,000,000 $5,000,000
Damage to Premises Rented to You $100,000 $100,000
Medical Expense Limit -Any One Person $3,000 $3,000
Personal & Advertising Injury Liability Not Applicable Not Applicable General Aggregate Limit Not Applicable Not Applicable
Products & Completed Operations Not Applicable Not Applicable Hangarkeepers Liability Not Applicable Not Applicable
Total Premium: $5,500.00 $5,638.00
Taxes and/or Fees: $100.00 $100.00
Policy Term 12 months 12 months
Min. Earned Premium in event of cancellation: 25% 25%
Combined Total Premium: $5,600.00 $5,738.00
Subjectivities / Notes:
*Signed Application is required to bind
*Signed Terrorism Form required to bind
This illustration contains only a brief description of coverages. For full terms, provisions, definitions, and exclusions, please refer to the policy.

CITY OF TURLOCK
Cyber Liability Coverage
Effective: July 1, 2026 to July 1, 2027
2025 - 2026 2026 - 2027
Insurance Carrier
Lexington Insurance Company - An AIG
Carrier
Lexington Insurance Company - An AIG
Carrier
Rating AM Best Rating A XV AM Best Rating A XV
Admitted No No
CyberEdge Security and Privacy Liability
Coverage Section Limit $2,000,000 $2,000,000
Security and Privacy Insuring Agreement Sublimit $2,000,000 $2,000,000 Data Privacy Regulatory Insuring Agreement
Sublimit $100,000 $100,000
Retention / Deductible $10,000 $10,000
Security and Privacy Retroactive Date Full Prior Acts Full Prior Acts Data Privacy Regulatory Retroactive Date 7/1/2025 7/1/2025 Claims Made & Reported Form / Third Party
CyberEdge Event Management Insurance
Coverage Section Limit $2,000,000 $2,000,000
Event Response Insuring Agreement Sublimit $2,000,000 $2,000,000 Electronic Data Insuring Agreement Sublimit $2,000,000 $2,000,000 Retention $10,000 $10,000
CyberEdge Network Interruption Insurance
Coverage Section Limit $2,000,000 $2,000,000
Extended Period of Indemnity 180 Days 180 Days
Extra Expense Sublimit $100,000 $100,000
Security Failure of: Sublimit / Retention / Waiting Period Sublimit / Retention / Waiting Period Insured's Computer System $2,000,000 / $10,000 / 8 hours $2,000,000 / $10,000 / 8 hours IT Service Provider's Computer System $2,000,000 / $10,000 / 8 hours $2,000,000 / $10,000 / 8 hours Non-IT Service Provider's Computer System $2,000,000 / $10,000 / 8 hours $2,000,000 / $10,000 / 8 hours CyberEdge Cyber Extortion Insurance
Coverage Section Limit $2,000,000 $2,000,000
Retention $10,000 $10,000
Media Content Insurance (Claims Made)
Coverage Section Limit $2,000,000 $2,000,000
Retention $10,000 $10,000
Continuity Date 7/1/2025
Retroactive Date Full Prior Acts Full Prior Acts
Cyber Crime Coverage
Impersonation Fraud Coverage Sublimit $250,000 $250,000 Funds Transfer Fraud Coverage Sublimit $250,000 $250,000 Computer Fraud Coverage Sublimit $250,000 $250,000
Telephone Fraud Coverage Sublimit $250,000 $250,000
Cryptojacking Fraud Coverage Sublimit $250,000 $250,000 Invoice Manipulation Fraud Coverage Sublimit $250,000 $250,000 Retention all Crime Coverage $25,000 $25,000
Terrorism Coverage Included Included
Total Premium: $42,045 $23,999
Taxes and/or Fees: $1,337.03 $763.17
Policy Term 12 months 12 months
Combined Total Premium: $43,382.03 $24,762.17
This illustration contains only a brief description of coverages. For full terms, provisions, definitions, and exclusions, please refer to the policy.

CITY OF TURLOCK
Excess Workers' Compensation
7/1/2026 to 7/1/2027
Expiring Premium Renewal Quote Renewal Option
7/1/2025 to 7/1/2026 7/1/2026 to 7/1/2027 7/1/2026 to 7/1/2027 Excess Workers' Compensation % Change % Change
Insurance Carrier: Arch ARCH Safety National
Rating A+ XV A+ XV A++ XV
Attachment $1.25M $1.25M $1.25M
Payroll $47,623,546 $52,892,489 11.1% $52,892,489 11.1% Rate $0.329 $0.339 3.0% $0.278 -15.4%
Final Est. Annual Premiums $156,681 $179,253 14.4% $147,147 -6.1% Note the final cost is derived from actual payroll following an audit at policy year-end.

CITY OF TURLOCK
Renewal Proposal & Comparison
Effective: July 1, 2026 to July 1, 2027
2025 - 2026
Values at Inception
2025 PRO-RATED

PREMIUM
2025 - 2026
Values at end of Term
2026 - 2027
Renewal Proposal
Insurance Carrier
AIG / Glatfelter AIG / Glatfelter AIG / Glatfelter
AM Best Rating A XV A XV A XV
Admitted Yes Yes Yes
Coverage: CHANGE
Building & Contents $334,183,212 $334,095,588 $347,577,868 4.0% Inland Marine/Software $500,000 $500,000 $500,000
Business Income $510,000 $510,000 $510,000
Extra Expense $5,000,000 $5,000,000 $5,000,000
Flood Coverage - $100K Ded. $5,000,000 $5,000,000 $5,000,000 Scheduled Mobile Equipment $1,553,058 $1,847,658 $1,668,669 Unscheduled Mobile Equipment $750,000 $750,000 $750,000 Auto Physical Damage $17,647,190 $22,054,154 $20,653,027 Employee Theft/Crime Coverage $2,000,000 $2,000,000 $2,000,000 Total Property Values $354,633,460 $359,247,400 $371,149,564 3.3% Premiums: Premium at renewal Premiums Paid Annualized Premiums Renewal Premiums Building & Contents $217,798 $217,274 $216,558.17 $250,037 15.5% Mobile Equipment $10,177 $11,071 $11,637.51 $11,620 -0.2% Auto $81,481 $87,301 $106,027.00 $91,338 -13.9%
Employee Theft/Crime $1,562 $1,562 $1,562 $1,562 0.0%
Pure Premium Subtotal: $311,018 $317,208 $335,784.68 $354,557 5.6% Property Policy Taxes/Fees $8,589.03 $8,589.03 $ 8,589.03 $9,711.70 TOTAL PREMIUMS: $319,607.03 $325,797.03 $344,373.71 $364,268.70 5.8% NOTE: Changes made after this proposal
will be billed separately
This illustration contains only a brief description of coverages. For full terms, provisions, definitions, and exclusions, please refer to the policy.

CITY OF TURLOCK
Public Official Bonds
Effective: July 1, 2026 to July 1, 2027
Insurance Carrier Bond Limit
Great American Ins Great American Ins
AM Best Rating A XV A XV
Admitted Yes Yes
Public Official Amount 2025-2026 2026-2027
Isaac Moreno $50,000 $125 $125
Nichole Fiez $50,000 $164 $164
Michael Abram $50,000 $164 $164
John J. Murphy $50,000 $131 $131
Total Premiums $584 $584

CITY OF TURLOCK
Sexual Misconduct & Molestation Liability
Effective: July 1, 2026 to July 1, 2027
2025 - 2026 2026 - 2027
Insurance Carrier Underwriters at Lloyd's 2623 & 623 Underwriters at Lloyd's 2623 & 623 Rating AM Best Rating A XV AM Best Rating A XV
Admitted No No
Duty to Defend Yes Yes
Liability Form Claims Made & Reported Claims Made & Reported Coverage: Limit of Liability Limit of Liability
in the aggregate during the policy period for all
claims brought by or on behalf of each victim,
and $1,000,000 $1,000,000
in the aggregate during the policy period for all
claims brought by or on behalf of all victims
$1,000,000 $1,000,000
and separately: in the aggregate during the policy
period for all safeguard costs resulting from all
circumstances $75,000 $75,000
Defense Inside/Outside Limit Inside Limit Inside Limit
Retention
Self Insured Retention - Each Victim $25,000 $25,000
Conditions
Claims First Made and Reported Safeguard - Sexual Misconduct and Molestation Liability Insurance 2022 – as attached Retroactive Date: 2 May 2023 Retroactive Date: 2 May 2023 Rating - Employee Count
After School - approximately (varies by season) 125 70
Aquatics - approximately (varies by season) 15 to 20 Included Instructors - (contract or specialty classes) approx. 4 Included Number of Volunteers - approx. 12 Included
Exposure Units Approximately - 1,500 900 Children/Youths / 750 Adults Endorsements Attached
Liability –
Direct
Liability –
Direct
NMA 1168 – Small AP/RP Clause NMA 1168 – Small AP/RP Clause NMA 1256 – Nuclear Incident Exclusion Clause – Liability – Direct
NMA 1256 – Nuclear Incident Exclusion Clause – Liability – Direct
NMA 2918 – War & Terrorism Exclusion NMA 2918 – War & Terrorism Exclusion AGR Safeguard Amendatory Endorsement AGR Safeguard Amendatory Endorsement Cyber Acts Clarification Endorsement Cyber Acts Clarification Endorsement Exclusion for employees under the age of 18 Exclusion for employees under the age of 18 – Removed Coverage Limited to Specific Business – as attached Coverage Limited to Specific Business – as attached Retro Active Date May 2, 2023 May 2, 2023
Prior Acts No Prior Acts No Prior Acts
Annual Premium $20,000.00 $10,000.00
Taxes and/or Fees $636.00 $575.95
Total Premiums & Fees $20,636.00 $10,575.95
Endorsements - attached Endorsements - attached
Sexual Misconduct and Molestation Liability Insurance as more fully defined in the wording Programs Covered: Parks & Recreation, Afterschool, Aquatics, Instructors/Volunteers as described on application This illustration contains only a brief description of coverages. For full terms, provisions, definitions, and exclusions, please refer to the policy.

City Council Staff Report
July 14, 2026
From: Jessie Dhami, Human Relations Director
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Authorize the Police Department to over hire one (1) Additional Police Officer Position, Effective July 15, 2026.

2. NARRATIVE:

The Police Department is requesting authorization to over hire one Police Officer position to allow for the hiring of an additional highly qualified academy recruit. Currently, the Department has identified three excellent candidates who have successfully completed the recruitment and selection process; however, only two vacant Police Officer positions are presently available.

Authorizing this over hire will enable the Department to take advantage of a rare recruitment opportunity by securing a strong candidate pool while qualified applicants are available.

Given the highly competitive nature of law enforcement recruitment and the increasing difficulty in attracting and retaining qualified candidates, it is critical that the Department act strategically when candidates successfully complete the stringent hiring and background process.

This request also serves as a proactive staffing measure in anticipation of expected workforce changes. While no formal retirement notifications have been submitted at this time, eleven currently employed sworn officers across various ranks are eligible for retirement within the next year. In addition, the department has generated salary savings from extended employee absences during which regular salary expenditures have not incurred. The potential loss of experienced personnel could create significant staffing challenges and operational impacts if vacancies occur without adequate succession planning.

Approving this over hire will help maintain appropriate staffing levels, reduce the impact of future vacancies, and support operational continuity. It will also assist in minimizing service disruptions, preserving patrol staffing, and ensuring the Police Department can continue providing effective and responsive public safety services to the community. The Department ultimately anticipates returning to, and not exceeding, the authorized full-time Police Officer staffing levels approved for FY 2026-27.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The temporary overhire is expected to be offset by salary savings associated with an extended leave of absence for which no salary costs are currently being incurred.

Agenda Staff Report
7/14/2026

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

To not authorize the overhire and instead wait for an existing officer to retire, resign, or otherwise separate from employment before hiring a replacement. This alternative is not recommended because attracting and retaining qualified candidates has become increasingly difficult, and the Department would like to take advantage of a rare recruitment opportunity by securing a strong candidate while qualified applicants are available.

6. ATTACHMENTS:

None

City Council Staff Report
July 14, 2026
From: Paul Loehr, Risk Management Director
Prepared by: Paul Loehr, Risk Management Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Authorizing the City Manager to approve payments to the Central San Joaquin Valley Risk Management Authority for the Fiscal Year 2026-2027 annual renewals of the Pooled Liability Program in the amount of $3,103,122, Employee Assistance Program in the amount of $10,733, and General Administration costs in the amount of $22,619, all expensed to Fund 512; and Low Value Vehicle Coverage in the amount of $895, expensed to various funds, for a total amount of $3,137,368

2. NARRATIVE:

The City of Turlock has participated in the Central San Joaquin Valley Risk Management Authority (CSJVRMA) Pooled Liability Program since July 1, 1994. CSJVRMA is a California Joint Powers Authority (JPA) with over 50 participating public agencies as members.

Through the use of a JPA, the City of Turlock is able to spread its general liability risks among other participating members, thereby reducing costs.

The Pooled Liability Program, which includes Excess General Liability Insurance, protects the City of Turlock against all general liability claims that are over $100,000 and provides third-party administrative services through Acclamation Insurance Management Services (AIMS) to handle and process these claims. The Pooled Liability Program is increasing 15% from $2,706,424 in Fiscal Year 2025-2026 to $3,103,122 in Fiscal Year 2026-2027, which is an additional $396,697. The primary reasons for this increase are that CSJVRMA's pooled losses for Turlock are up approximately 60% and the City's calendar year payroll, used to allocate costs, is up approximately 10%.

The Low Value Vehicle Coverage Program (LVVCP), which insures all City vehicles under $25,000, is decreasing by approximately 8% from $970 in Fiscal Year 2025-2026 to $895 in Fiscal Year 2026-2027. The City currently has 179 vehicles in this program. With such a low rate, the City has chosen to stay in this program and only use Winton-Ireland Strom & Green Insurance Agency, Inc. for High Value Vehicle coverage that covers City vehicles at $25,000 and above.

The Employee Assistance Program (EAP), which provides valuable counseling services to City employees and dependents, is increasing by approximately 4% for Fiscal Year 2026- 2027 from $10,320 to $10,733. The change is due to an increase in the number of eligible employees in the program.

Finally, to participate in these programs, the City is charged an annual fee for General Administration Costs, which is decreasing by 16% in Fiscal Year 2026-2027 from $26,981 to $22,619.

Agenda Staff Report
7/14/2026

3. FISCAL IMPACT / BUDGET AMENDMENT:

Annual renewal costs to participate in CSJVRMA’s Pooled Liability Program, LVVCP, and EAP, which includes General Administrative costs, are budgeted annually. For Fiscal Year 2026-2027, the total cost of these programs is $3,137,368 and will be paid as follows:

Pooled Liability Program in the amount of $3,103,122 from account 512-10- 152.47075_003 "Premiums Liability"
Low Value Vehicle Coverage in the amount of $895 from various funds in account 46034 "Vehicle Insurance"
Employee Assistance Program in the amount of $10,733 from account 512-10-152- 47075_003 "Premiums Liability"
General Administration Costs in the amount of $22,619 from account 512-10- 152.47075_003 "Premiums Liability"

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

Staff do not recommend taking any alternative action.

6. ATTACHMENTS:

1. CSJVRMA Budget Comparison 2026_27 to 2025_26 - Prepared 6.30.26 - Turlock

Program
2026/2027 Estimated
Contribution
2025/2026
Contribution $ Change % Change
TOTAL ESTIMATED CONTRIBUTION 3,137,368 2,744,695 392,673 14% Liability 3,103,122 2,706,424 15% 396,697
Low Value Vehicle 895 970 -8% (75)
EAP 10,733 10,320 4% 413
General Admin 22,619 26,981 -16% (4,363)
Rates Member 2026/2027 Budget 2025/2026 Budget % Change Funding for Losses TURLOCK $2.98 $2.88 4%
Excess Insurance (CARMA) TURLOCK $3.64 $3.52 3%
Composite Distribution (Payroll/Pop/Census) TURLOCK 0.0646 0.0677 -5% Payroll Member 2026/2027 Budget 2025/2026 Budget % Change Calendar Year (used to allocate costs) TURLOCK $ 42,559,916 46,928,365 $ 10% Fiscal Year (used for ex-mod) TURLOCK $ 40,334,258 45,298,366 $ 12% Losses Member 2026/2027 Budget 2025/2026 Budget % Change Liability Program TURLOCK 2,573,165 $ 1,612,435 $ 60%
Experience Modification Factor Member 2026/2027 Budget 2025/2026 Budget % Change Liability Program TURLOCK 0.952 0.885 8%
Rates Member 2026/2027 Budget 2025/2026 Budget % Change Funding for Losses TURLOCK $0.00 $0.00
Administrative Expense TURLOCK $5.00 $5.00 0%
Auto Count Member 2026/2027 Budget 2025/2026 Budget % Change Number of Vehicles in Program TURLOCK 179 194 -8%
Rates Member 2026/2027 Budget 2025/2026 Budget % Change Rate Per Employee TURLOCK $2.15 $2.15 0%
Employees in Program TURLOCK 416 400 4%

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
Issued on 06/30/2026

LIABILITY PROGRAM
CONTRIBUTION ESTIMATE FOR THE 2026/2027 PROGRAM YEAR

PREPARED FOR THE CITY OF TURLOCK

LOW VALUE VEHICLE PROGRAM

EAP PROGRAM

City Council Staff Report
July 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: David Barr, Fleet Services Manager
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Approving the purchase of five (5) Ford Police Interceptor AWD Utility Vehicles from Folsom Lake Ford pursuant to the State of California Contract No. 1-22-23-14C, for a total amount not to exceed $315,741.10 expensed to Fund 506 "Vehicle/Equipment Replacement" in accordance with Turlock Municipal Code Section 2-7-08(b)(5) allowing the use of joint, cooperative, or leveraged purchasing plans and not requiring an additional City bid procedure

2. NARRATIVE:

Staff requests the approval to purchase five (5) Ford Police Interceptor AWD Utility Vehicles, all five painted black with white doors and roof, for $63,148.22 each from Folsom Lake Ford pursuant to the State of California Contract No. 1-22-23-14C, for a total amount not to exceed $315,741.10.

The proposed Ford Police Interceptor AWD Utility Vehicles will be used by the City of Turlock's Police Department for use in patrol and emergency response functions. All of these vehicles will be used in the Police Department's Patrol Unit and will be used to replace aging vehicles that have exceeded their useful life in order to keep the reliability of patrol and emergency response as high as possible.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The purchase of five (5) Ford Police Interceptor AWD Utility Vehicles from Folsom Lake Ford for a total not to exceed 315,741.10, will be expensed to account number 130-20-145- 213.51020.

Appropriate funds have been allocated during the Fiscal Year (FY) 2026-27 budget process to fund this purchase. The Purchasing Division has made the determination that this item does not require a competitive procedure due to TMC 2-7-08 (b) (5) that states, bidding is not required when engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis.

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

A. Council could decline to approve the purchase and direct staff to solicit competitive bids or evaluate other purchasing options before proceeding with the purchase of the vehicles.

Agenda Staff Report
7/14/2026
This alternative is not recommended because it is unlikely to result in a better cost.

B. Council could decline to approve the purchase and provide staff with alternative direction.

6. ATTACHMENTS:

1. Quote

City Council Staff Report
July 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Mike Murphy, Parks, Streets, and Public Facilities Maintenance Superintendent
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Awarding RFP No. 2026-RFP-020 and approving an Agreement with Trane U.S. Inc. for preventative maintenance, filter change-out, and repair services for Heating, Ventilation, Air Conditioning and Refrigeration (HVACR) for owned and leased buildings, for a total of five (5) years in an amount not-to-exceed $1,480,297.50, funded by various General Ledger accounts relative to the location and nature of service

2. NARRATIVE:

For several years, the City of Turlock has taken a proactive approach for preventative maintenance of HVACR units in all facilities to ensure they are given the longest lifespan possible. This ensures that small issues are detected and repaired before they become bigger issues, which could lead to costly and unforeseen repairs. Relative to which facility received service, funding for this program comes from various City departments who budget accordingly for maintenance and any necessary repairs. The City recently contracted with Champion Industrial Contractors Inc, of Modesto, CA for this work; this contract ended on June 30, 2026 and it is necessary to initiate a new contract with a capable contractor to continue this program.

On April 29, 2026, the Finance Department issued Request for Proposals (RFP) No. 2026- RFP-020 for preventative maintenance, filter change-out, and repair services for Heating, Ventilation, Air Conditioning and Refrigeration (HVACR) and boiler units for City owned and leased buildings.

The scope of work included several items, such as:

1. HVAC Preventative Maintenance Inspections (depending on the unit, some twice per year and some as often as monthly)

2. HVAC Intermediate Filter Changes

3. Boiler Tuning

4. Boiler Water Treatment

5. Maintenance of Close-Loop System

6. Emergency 24/7 call service

7. Unexpected repairs of all HVAC and boiler units

8. Servicing Refrigeration Units
Trane U.S. Inc. was selected as the most qualified proposer.

Additionally, City staff recommend the total compensation for the agreement include an amount of $500,000 that will be dedicated to unforeseen and necessary repairs. This is calculated based on historical data, aging equipment, and an increase in the scope of work

Agenda Staff Report
7/14/2026
due to the addition of new units such as ice machines, Columbia Pool boiler, etc.

The cost of each service call for repairs will be calculated by Trane, who will provide a quote for materials and labor (standard hourly rate is $205 and overtime rate is $307.50) to complete the project.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total impact to the City’s budget will not exceed $1,480,297.50 for the duration of the Agreement. This includes the $500,000 for unforeseen repairs. The below accounts will be used for preventative maintenance and any necessary repairs may be funded by these accounts or another appropriate account, depending on the service and location of work.

G/L Account Identifying Information
110-10-112.43120_003 Admin - General Government
110-20-200.43115_000 Police - Special Operations
110-20-200.43120_007 Police - Special Operations
110-20-215.43115_000 Police - Animal Services
110-30-300.43115_000 Fire - Operations
110-50-500.43115_000 Municipal Services - Public Facilities - General 110-50-500.43115_001 Municipal Services - Public Facilities - Columbia Center 110-50-500.43115_004 Municipal Services - Public Facilities - Rube Boesch 110-50-500.43115_005 Municipal Services - Public Facilities - Senior Center 110-61-620.43115_003 Recreation - Recreation Administration 205-60-604.43115_000 Sports Facilities - Parks - Pedretti Sports Complex 256-41-486.47225_002 Consortium – Housing - HOME
410-51-530.43115_000 Water Quality Control - Sewer - Operations 420-52-550.43115_000 Water - Operations
426-40-415-238-001.43115_000 Transit - Roger K. Fall Transit Center - Operating 501-10-130.43051 Information Technology - Operations
505-50-525.43115_000 Fleet – Municipal Services - Operations

4. ENVIRONMENTAL DETERMINATION:

This action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as it involves repair and replacement of existing building systems with no expansion of use.

5. ALTERNATIVES:

A. In accordance with TMC 2-7-09 (c) (4), City Council could choose to “reject any and all bids presented and re-advertise for bids”. Staff does not recommend this alternative because the RFP process was conducted according to proper procedure and postponing this award will leave the City without a capable contractor who can perform the services required under the terms of this contract.

B. City Council could award the bid to Trane U.S. Inc., but change the amount of compensation dedicated for contingent and necessary repairs. Staff does not recommend this alternative because the nature of this work demands timely responses to major issues.

Agenda Staff Report
7/14/2026
Any major repairs and their costs would be vetted and evaluated by the appropriate City leadership staff and be subject to established approval processes.

C. City Council can provide staff direction on how to proceed.

6. ATTACHMENTS:

1. Agreement CC 2026-160 with Trane U.S. Inc.

City Council Staff Report
July 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Wayne York, Transit Manager
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Resolution: Authorizing the submission of a Measure L Rail Services grant application to the Stanislaus Council of Governments (StanCOG) for FY 2026-27 and 2027-28 for the following project: On-Demand Rail Connectivity Project ($1,250,000).

2. NARRATIVE:

In early 2022, the City of Turlock submitted a Measure L Rail Services grant application to the Stanislaus Council of Governments (StanCOG) to fund an Amtrak Shuttle Pilot Project, providing demand-response service for residents of Turlock and Denair to the TurlockDenair Amtrak Station. The City was successful with this application, which funded the bulk of operating and marketing costs for fiscal years 2022-23 through 2024-25. In FY 2025-26, StanCOG did not provide a scheduled call for projects and the City utilized carryover Local Transportation Funds (LTF) to maintain this important service.

In early 2026, at the request of the City and the Stanislaus Regional Transit Authority (StanRTA), StanCOG agreed to conduct a call for projects for a specific subset of Measure L funding: Rail Services. These funds are used for rail-related projects and activities, including connectivity to regional rail. The total available funding is $4,000,000 and the City is seeking $1,250,000 for the "On-Demand Rail Connectivity Project," a continuation of the City's existing On-Demand service mode. The total project cost is estimated at $2,210,958 for both FY 2026-27 and 2027-28 and includes all costs necessary to operate the service.

The remainder of the project costs will be funded with LTF and passenger fares.

StanCOG requires a resolution of support from the City as a condition of applying for Measure L Rail Services funds. If approved, the City and StanCOG will enter into an agreement to govern the implementation of the project and use of Measure L funds.

The City is currently going through a Short-Range Transit Plan (SRTP) revision process that is evaluating all transit services provided by the City. Once this effort is completed in early 2027, the City should have a roadmap for a fiscally and operationally sustainable model moving forward, which is important because subsequent Measure L Rail Services calls for projects are expected to have much less grant funding available.

3. FISCAL IMPACT / BUDGET AMENDMENT:

If approved and awarded, it will result in $1,250,000 for On-Demand services in FY 2026-27 ($625,000) and 2027-28 ($625,000). No budget amendment is required. No General Fund monies will be used.

Agenda Staff Report
7/14/2026

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

A. Reject approval of the resolution. City staff does not recommend this approach because the Measure L Rail Services funds are currently available, intended for use with eligible projects such as this, and may ultimately be awarded to other agencies if the City elects to not apply for them.

B. Approve the resolution, but with an alternate scope or project. City staff does not recommend this approach because the On-Demand mode is an established service mode that meets the demand-response needs of Turlock and Denair residents. An alternate project would deprive the On-Demand service of critical funding needed to operate and would likely result in either a reduction or elimination of the service due to a lack of funding.

6. ATTACHMENTS:

1. Draft Resolution

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-
WHEREAS, the City of Turlock provides general public, origin-to-destination, OnDemand transit services to residents of Turlock and Denair since initially receiving Measure L Rail Services funding to initiate the service in 2022; and WHEREAS, the initial Measure L Rail Services funding has been fully expended and current transit funding sources are insufficient to indefinitely maintain the current level of service for the On-Demand mode without alternate funding solutions; and WHEREAS, the City of Turlock is seeking $1,250,000 in Measure L Rail Services funding for the “On-Demand Rail Connectivity Project” for FY 2026-27 and 2027-28, a continuation of existing On-Demand services, at a total estimated project cost of $2,210,958 across both fiscal years, with match funds comprised of Local Transportation Funds (LTF) and passenger fares.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock, State of California, authorizes the submission of a Measure L Rail Services grant application to the Stanislaus Council of Governments (StanCOG) for FY 2026-27 and 2027-28 for the following project: On-Demand Rail Connectivity Project ($1,250,000).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of July, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

IN THE MATTER OF AUTHORIZING THE

SUBMISSION OF A MEASURE L RAIL

SERVICES GRANT APPLICATION TO THE

STANISLAUS COUNCIL OF GOVERNMENTS
(STANCOG) FOR FY 2026-27 AND 2027-28
FOR THE FOLLOWING PROJECT: ONDEMAND RAIL CONNECTIVITY PROJECT ($1,250,000)
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City Council Staff Report
July 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Stephen Fremming, P.E., Principal Civil Engineer Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Reaffirming the determination made by the City Manager in response to the emergency created by the inoperative freezer unit at the Animal Control Facility and finding that the emergency will not permit a delay resulting from a competitive solicitation for bids pursuant to Public Contract Code Section 22050(c)(2)
Resolution: Determining the construction of City Project No. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

2. NARRATIVE:

The City of Turlock Animal Control Facility features a walk-in freezer used to store evidence animals and to hold deceased animals prior to proper disposal. Proper handling of deceased animals is critical for evidence preservation and public health. Without use of the freezer, animal services staff must make frequent deliveries of deceased animals to Turlock Transfer for proper disposal, otherwise decomposition and odors are accelerated, leading to increased health and handling concerns.

The existing freezer stopped working on April 28th. It has been determined that the evaporator and condenser that serve the walk-in freezer cannot be repaired, and that these must be replaced in order to restore operation. In May 2026, City Engineering staff became involved in the project and learned that a building permit requiring engineered plans would be required for the replacement work. In parallel with the design effort, the Turlock Police Department staff sought approval from the City Manager to make an emergency declaration to procure the necessary equipment and services to replace the evaporator and condenser without giving notice for bids pursuant to the standard delivery process for public projects. An emergency declaration saves approximately one and a half months of time for completion of this project due to omitting the need for a longer bid solicitation process, approval of the agreement by the City Council, and obtaining a building permit prior to work commencing. The emergency declaration memo prepared by Police Department staff and signed by the City Manager is included as an attachment to this staff report.

An on-call design consultant, RED Architects, Inc., provided engineered stamped plans for the work. City engineering staff prepared an informal private bid solicitation and requested a bid from Champion Industrial Contractors of Modesto, California, who submitted a bid proposal in the amount of $20,880 on June 29, 2026 for the work encompassed in City Project No. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement.” The bid solicitation process for this project is in compliance with Public Contract Code Section 22050 and the City's Resolution No. 2010-028 which delegates authority to the City Manager to declare an emergency to invoke emergency contracting procedures. As of the writing of

Agenda Staff Report
7/14/2026
this staff report, it is estimated that construction will be complete by mid-August 2026.

Per Public Contract Code Section 22050(c)(2), the Council must determine at every regularly scheduled meeting after the declaration is made, by a four-fifths vote, that there is a need to continue the action until such time that conditions warrant that the continuing determination is no longer needed.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total estimated project costs are displayed below.

The project is funded from Fund 119 (American Rescue Plan Act [ARPA]) account number 119-10-188.51270 "Construction Project."
Approximately $10,000 of the total project costs were expended in Fiscal Year 2025-

26. There is adequate budget available in the current fiscal year for this project and no additional funding is necessary.

4. ENVIRONMENTAL DETERMINATION:

This project is exempt from CEQA per Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines, as this section of the guidelines exempts projects that involve replacement of existing facilities where located at the same site and having substantially the same purpose as the replaced facility.

5. ALTERNATIVES:

A. City Council could choose not to reaffirm the emergency declaration. This alternative is not recommended because the agreement has been approved and the emergency has not yet been resolved.

B. Provide staff with direction on how to proceed.

Agenda Staff Report
7/14/2026

6. ATTACHMENTS:

1. Emergency Declaration

2. Draft Resolution

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2026-
CONSTRUCTION OF CITY PROJECT NO. 26-041
"ANIMAL CONTROL FREEZER EVAPORATOR AND
CONDENSER REPLACEMENT” IS EXEMPT FROM

THE PROVISIONS OF CEQA IN ACCORDANCE
WITH SECTION 15302 (REPLACEMENT OR

RECONSTRUCTION) OF THE CEQA GUIDELINES
WHEREAS, City Project No. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement” involves replacement of existing infrastructure at the facility; 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 of existing facilities.

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. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement” 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 14th day of July, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

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

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2026-
CONSTRUCTION OF CITY PROJECT NO. 26-041
"ANIMAL CONTROL FREEZER EVAPORATOR AND
CONDENSER REPLACEMENT” IS EXEMPT FROM

THE PROVISIONS OF CEQA IN ACCORDANCE
WITH SECTION 15302 (REPLACMENT OR

RECONSTRUCTION) OF THE CEQA GUIDELINES
WHEREAS, City Project No. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement” involves replacement of existing infrastructure at the facility; 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 of existing facilities.

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. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement” 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 14th day of July, 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
July 14, 2026
From: Katie Lucchesi, City Attorney
Prepared by: George Petrulakis, Special Counsel-Transitional Legal Services Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Ordinance: Amending Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct) Chapter 17 (Itinerant Vendors) and Adding Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct) Chapter 29 (Sidewalk Vendors).

2. NARRATIVE:

This item proposes to amend Chapter 5-17 of the Turlock Municipal Code and add Chapter 5-29 to the Turlock Municipal Code to update the current regulatory framework regarding itinerant (also commonly, “door-to-door”) vendors and establish a comprehensive regulatory framework for sidewalk vendors. The proposed ordinance modernizes the City’s vendor regulations to align with current state law while maintaining appropriate local controls to protect public health, safety, and welfare.

On July 8, 2025, the City Council adopted Resolution No. 2025-134 to comply with Senate Bill 946, which significantly limited local regulation of sidewalk vendors. The bill required that any regulations must be based on objective health, safety, and welfare standards. The City utilized the option in state law to adopt the Sidewalk Vendor regulations by resolution instead of ordinance, since additional significant changes were expected in state law. Those changes were adopted in Senate Bill 635 (effective January 1, 2026), which further clarified and expanded protections for sidewalk vendors, including restrictions on permit requirements and enforcement mechanisms. Now that state law has settled, staff proposes to insert the sidewalk regulatory regime into the Turlock Municipal Code.

The proposed ordinance establishes two distinct regulatory frameworks. Chapter 5-17 governs itinerant vendors and largely retains the City’s existing permitting structure, including application requirements, background review, operational standards, and enforcement provisions administered by the Chief of Police. These provisions are intended to address traditional door-to-door solicitation and transient commercial activity occurring on private property, where the City retains broader regulatory authority.

Chapter 5-29 establishes a new, codified framework for sidewalk vendors that complies with state law. Consistent with Government Code sections 51036–51039, the ordinance limits regulation of sidewalk vendors to objective time, place, and manner restrictions that are directly tied to health and safety concerns. These include restrictions related to proximity to schools, driveways, and traffic areas; requirements to maintain ADA-compliant pedestrian access; operational limitations to reduce conflicts with vehicular traffic; and sanitation requirements to address litter, food waste, and stormwater impacts.

In addition, Chapter 5-29 establishes a ministerial sidewalk vending permit process that complies with state law by limiting the information that may be collected from applicants. The

Agenda Staff Report
7/14/2026
application requirements are narrowly tailored to include identification, business licensing, seller’s permit verification, insurance, and operational details, while expressly prohibiting the collection of immigration status, criminal history, or fingerprinting information as required by state law. Permit approval is based solely on objective criteria, and enforcement provisions are limited to administrative fines consistent with state law.

Chapter 5-29 also clarifies key definitions, including “Sidewalk Vendor,” “Roaming Sidewalk Vendor,” “Stationary Sidewalk Vendor,” and “Private Property,” to ensure consistency with state law and to reduce ambiguity in enforcement. It further establishes clear operational standards, including location restrictions, spacing requirements, hours of operation, and prohibitions on certain sales (e.g., tobacco, alcohol, and cannabis products), all of which are supported by documented health and safety findings.

By separating itinerant and sidewalk vendor regulations into two distinct chapters, the ordinance provides a clearer and more user-friendly regulatory structure. This approach ensures that the City’s regulations are enforceable, consistent with state law, and responsive to local operational and public safety concerns.

The ordinance also provides for the repeal of Resolution No. 2025-134 upon the effective date of the ordinance, since the resolution would be superfluous.

3. FISCAL IMPACT / BUDGET AMENDMENT:

New and amended user fees will be proposed at a future Council Meeting, if needed, to ensure the financial impact of this ordinance is addressed.

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

1. Do not adopt the ordinance. This is not recommended, as the current code provisions related to street and sidewalk vending are preempted by state law and are no longer enforceable.

2. Provide staff with alternative direction regarding changes to the proposed ordinance prior to adoption.

6. ATTACHMENTS:

1. Ordinance Amending TMC Title 5 Chapter 17 (Itinerant Vendors) and Adding Turlock Municipal Code Title 5 Chapter 29 (Sidewalk Vendors)

2. Resolution 2025-134

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

WHEREAS, Senate Bill 946 (SB 946) added Chapter 6.2 (commencing with Section 51036) to Part 1 of Division of Title 5 of the California Government Code to regulate Sidewalk Vendors throughout the state, including within the City of Turlock (the City); and WHEREAS, SB 946 established requirements for local regulations of Sidewalk Vendors and required that such regulations to be adopted by a resolution or ordinance; and WHEREAS, the City established operational requirements for Sidewalk Vendors in the City to comply with SB 946 and protect the health, safety, and welfare of the community through the adoption of Resolution No. 2025-134; and
WHEREAS, Senate Bill 635 was signed into law in October 2025, further strengthening protections for Sidewalk Vendors; and

WHEREAS, the City now seeks to add regulations of Sidewalk Vendors to the Turlock Municipal Code; and
WHEREAS, the City finds that the regulations set forth herein are directly related to objective health, safety, and welfare concerns, including but not limited to the health, safety and welfare of vendors, their prospective customers, pedestrians, those protected by the Americans With Disabilities Act, those operating motor vehicles at intersections and in Rights-of-Way adjacent to Sidewalks, and the public at large; and
WHEREAS, the City wishes to continue regulating Itinerant Vendors; and WHEREAS, therefore, the City will update Chapter 17 Itinerant Vendors of Title 5 (Public Welfare, Morals, and Conduct) and add Chapter 29 Sidewalk Vendors to Title 5 (Public Welfare, Morals, and Conduct).

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

SECTION 1. ENVIRONMENTAL DETERMINATION: The Ordinance has been reviewed with respect to applicability of CEQA and the CEQA Guidelines. The Ordinance is not a project under CEQA Guidelines Section 15378(b)(5) because the Ordinance is an administrative activity that does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. }
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IN THE MATTER OF AMENDING TURLOCK ORDINANCE NO. -CS
MUNICIPAL CODE TITLE 5 (PUBLIC

WELFARE, MORALS, AND CONDUCT)
CHAPTER 17 (ITINERANT VENDORS) AND

ADDING TURLOCK MUNICIPAL CODE TITLE
5 (PUBLIC WELFARE, MORALS, AND
CONDUCT) CHAPTER 29 (SIDEWALK

VENDORS)

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SECTION 2. AMENDED: Title 5, Chapter 17 is hereby amended to read as follows:

Chapter 5-17

ITINERANT VENDORS
5-17-01. Purpose and Findings.

The City Council of the City of Turlock hereby finds and declares that public necessity, health and safety, and for the general welfare, immediately requires that any person operating an itinerant business or service as an owner or operator or as an employee of an owner or operator obtain a permit from the City of Turlock and operate pursuant to the laws of the State of California, the County of Stanislaus and the City of Turlock.
5-17-02. Definitions.

For the purposes of this chapter, unless otherwise stated in this chapter, the following words and phrases are defined as follows:
(a) “Established place of business” shall mean and include a fixed place, location or building within the boundaries of the City of Turlock, zoned for residential uses with a valid City home occupation permit, or commercial, office, or industrial uses, owned, or rented or leased on a month-to-month or term for years basis, by a person using such place, location or building as his or her permanent place of business. (b) "Itinerant vendor"
shall mean and include:
(1) Any person who has no established place of business within the boundaries of the City of Turlock and who is engaged in transient business traveling from place to place for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date; and
(2) Any person who has obtained the proper City of Turlock permits and public/private permission to engage in a transient business in one location or set up a temporary location as provided by the Turlock Municipal Code for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date. (b) “Itinerant Vendor” means a person who engages in a temporary or transient commercial activity within the City by selling goods or services, or taking orders for future delivery of goods or services, and who does not operate from a permanent, established place of business within the City.
(1) An Itinerant Vendor conducts business by traveling from place to place, soliciting door-to-door, or operating from a temporary location on private property with the consent of the property owner.
(2) The term does not include a “Sidewalk Vendor,” “Roaming Sidewalk Vendor,” or “Stationary Sidewalk Vendor” as defined and regulated in T.M.C. Chapter 5-

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29 and California Government Code section 51036.
(c) Repealed.
(d)(c) “Person” shall mean and include natural persons, sole proprietorships, firms, associations, partnerships, or corporations.
(e)(d) “Non-profit organization” shall mean and include any organization, foundation, corporation or association recognized by the State of California as a nonprofit organization. (f)(e) “Temporary location” shall mean and include a location that may not be used in excess of seventy-two (72) hours in any consecutive thirty (30) day period. 5-17-03. Permits: Required: Exemptions: Exceptions.
(a) No person shall engage in any business whether individually or as the employee or agent of another person, firm, company, corporation, association, organization, or partnership as an itinerant vendor without first complying with all applicable requirements of Chapter 9-2 TMC (Zoning Regulations) and having obtained a permit from the Chief of Police.
(b) Exemptions: The following are expressly exempt from the provisions of this chapter:
(1) Qualified participants in a farmer's market registered with the sponsoring organization approved from time to time by the City Council of the City of Turlock;
(2) Merchants having an established place of business in the City of Turlock, or to their employees or agents;
(3) Wholesalers or their representatives, employees or agents, calling upon retail business.
(3)(4) Sidewalk Vendors, Roaming Sidewalk Vendor, or Stationary Sidewalk Vendor as defined in and regulated by TMC Chapter 5-29. (c) Non-profit organizations as recognized by the State of California are not required to obtain an itinerant vendor permit but shall register their itinerant vendor activity with the City of Turlock Police Department pursuant to TMC § 5-17-167. 5-17-04. Street vendors. Repealed.
5-17-045. Permits: Applications.

Any person desiring to obtain an itinerant vendor permit or desiring to obtain a permit for his or her employee or agent shall file a written application with the Chief of Police on the application form provided by the Police Department. Such application shall set forth the following

Ordinance No. -CS
information:
(a) The applicant's name and address(es), both residential and business; (b) If the applicant is a corporation, the name of the corporation exactly as it appears in the articles of incorporation, as well as the names and addresses of all officers, directors and stock holders holding five (5%) percent or more of the stock in the corporation;
(c) If the applicant is a partnership or unincorporated association, the names and addresses of all partners, including limited partners, or principals. Additionally, if the applicant is a partnership, then it must designate a managing partner and that person must complete the application form;
(d) The applicant's date of birth, weight, height, color of eyes and hair; (e) The name under which the itinerant vendor operates; (f) The name of each City, County and State, including the specific addresses therein, in which the applicant has been engaged in or has conducted itinerant vendor activity within the immediately preceding five (5) years;
(g) A statement of all felonies and misdemeanors for which the applicant has been convicted, including nolo contendere, within the five (5) years immediately preceding the date of the application;
(h) The applicant’s valid driver’s license number; the applicant's valid Social Security number, individual taxpayer identification number, or municipal identification number; (i) The applicant’s valid Social Security number;
(j)(i) The type of permit requested (i.e. Owner, Operator or Employee); (k)(j) Any and all other information requested by the Chief of Police to facilitate the processing of the application and to ensure that the public's health, safety and general welfare is protected;
(l)(k) A signed statement that the information contained in the application as submitted by the applicant is true to the best of the applicant's knowledge under the penalty of perjury under the laws of the State of California.
5-17-056. Permits: Fees.

Any person desiring to obtain a permit shall pay to the City of Turlock, and submit along with the itinerant vendor application, the fees established from time to time by resolution of the City Council of the City of Turlock for itinerant vendors. 5-17-067. Permits: Background police investigation: Temporary permits.

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(a) The Chief of Police shall conduct and complete an investigation of the truthfulness of the facts set forth in the itinerant vendors application filed pursuant this chapter, and the moral fitness, reputation, character, integrity and competency of the applicant. (b) The applicant shall report to the Turlock Police Station to be fingerprinted, the cost of which shall be borne by the applicant. A complete fingerprint background investigation through the California Department of Justice can take an estimated six (6) to sixteen (16) weeks to complete.
(c) The Chief of Police, within fifteen (15) days after the application is received, shall conduct a preliminary background check of references and law enforcement agency records within Stanislaus County and other California Counties pursuant to a written release from applicant.
(d) If the Chief of Police finds nothing in the preliminary background investigation which would indicate that the applicant's moral fitness, reputation, character, integrity or competency would pose a threat to the public safety, health or welfare, the Chief of Police may issue a ninety (90) day temporary permit while the complete fingerprint background investigation is being completed by the California Department of Justice pursuant to subsection (b) of this section. To qualify for a temporary permit, the itinerant vendor (1) shall file a permit application pursuant to this chapter; and (2) shall reside in Stanislaus County or a county contiguous to Stanislaus County (3) shall be subject to a background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County other California Counties pursuant to a written release from applicant. If the complete fingerprint background investigation is not completed by the California Department of Justice on the expiration date of the ninety (90) day temporary permit, the Chief of Police may extend the expiration date by not more than sixty (60) days. 5-17-078. Permits: Issuance.

The Chief of Police shall grant and issue the permit for a period not to exceed one year and subject to the conditions established below and any other conditions that the Chief of Police establishes if the Chief of Police finds nothing in the preliminary background investigation or the complete fingerprint background investigation through the California Department of Justice which would indicate that the applicant's moral fitness, reputation, character, integrity or competency is not good or would pose a threat to the public safety, health or welfare. 5-17-089. Permits: Conditions to promote quality assurance.

The following conditions shall apply to each and every permit issued:
(a) The applicant must be eighteen (18) years or older or if the applicant is between the age of fourteen (14) and seventeen (17), inclusive, submit proof of a valid work permit issued by the applicant's school;
(b) The applicant must not have been convicted within the five (5) years immediately preceding application for a permit for a crime involving honesty or veracity, violence,

Ordinance No. -CS
dangerous or deadly weapons, or not more than once during the same five (5) year period of the use or possession of narcotics or other such illicit substance; (c) The applicant must operate in accordance with the provisions and requirements of the laws of the United States of America, the State of California, the County of Stanislaus, and the City of Turlock;
(d) The applicant must operate in a courteous, honest and forthright manner which includes, but is not limited to, the following:
(1) Display his or her permit pursuant to TMC § 5-17-134 and upon request present it for review by the person the permittee is soliciting; (2) Refrain from soliciting those persons that have indicated that they do not want to be solicited, either orally or by the posting of a sign; (3) Do not threaten or coerce any person;
(e) The applicant must procure and present to the City of Turlock a bond in the penal sum of One Thousand and no/100ths ($1,000.00) Dollars;
(f) If the applicant proposes to operate on private property, he or she must first obtain zoning clearance from the City of Turlock Community Development Services Department, Planning Division, and shall comply and operate pursuant to all applicable zoning laws, regulations, and special conditions as administered by the City of Turlock Community Development Services Department by authority of the Turlock Municipal Code; (g) Any and all other conditions established by the Chief of Police or the City Manager, or his or her designee, on any one individual permit to ensure the public health, safety and general welfare.
5-17-0910. Permits: Denial: Suspension: Revocation.
(a) Denial. The Chief of Police may deny the permit if it appears that:
(1) The applicant has been convicted, including a plea of nolo contendere, of a felony or misdemeanor involving moral turpitude under any State of Federal law; or
(2) There is any cause which, in the opinion of the Chief of Police, jeopardizes the public health, safety or general welfare.
(b) Suspension and Revocation. The Chief of Police is authorized to temporarily suspend or permanently revoke the permit of any person permitted under this chapter for any of the reasons that follow after five (5) days written notice to the permittee specifying the grounds for the proposed suspension or revocation and

Ordinance No. -CS
requiring the permittee to appear at a certain time and place to show cause why such permit should not be suspended or revoked:
(1) Non-compliance with any of the conditions established by TMC § 5-17-089. (2) If it appears that the permittee has engaged in any unlawful business, act or acts.
(3) When any matter comes to the attention of the Chief of Police that the information provided in the permittee's application was false. (4) When complaint(s) have been lodged against the permittee that same has threatened or jeopardizes the public health, safety or general welfare. 5-17-101. Permits: Appeal of the Chief of Police’s denial, suspension or revocation. (a) Any permittee or applicant may appeal the decision of the Chief of Police to deny, suspend or revoke a permit to the City Manager, or his or her designee, by submitting such appeal in writing within ten (10) days of the date of the denial, suspension or revocation. (b) The City Manager, or his or her designee, shall set a date and time for a hearing not later than ten (10) days from the receipt of the written appeal on the appeal and give at least five (5) calendar days written notice thereof by mail addressed to the applicant's permanent address as reflected in the application. At the hearing, which may be continued from time to time, the City Manager may take oral and documentary evidence from any interested person regarding the moral fitness, reputation, character, integrity and competency of the applicant or any other factors which were used by the Chief of Police in his or her reasonable judgment that resulted in the denial, suspension or revocation of a permit. Any applicant or permittee or applicant who fails to appear at the hearing after notice was given, without obtaining a continuance from the City Manager, or his or her designee, may be deemed to have waived any right to introduce evidence or object to the final decision of the City Manager, or his or her designee. (c) If the applicant fails to appear at the time and place set for hearing, the City Manager will consider the matter resolved by the ruling of the Chief of Police. (d) The City Manager, or his or her designee, shall make a ruling at the end of such hearing or within five (5) days thereafter to either:
(1) Uphold the decision of the Chief of Police in the denial, suspension or revocation of the permit;
(2) Overrule the decision of the Chief of Police and grant or reinstate the permit; (3) Amend the suspension length of the permit for any such period as may be deemed necessary and proper;

Ordinance No. -CS
(4) Grant or reinstate the permit with additional conditions established thereto. 5-17-112. Permits: Appeal of the City Manager’s decision. (a) Any applicant may appeal the decision of the City Manager, or his or her designee, by filing such appeal with the City Clerk in writing within ten (10) days of the date of the City Manager's decision.
(b) The City Clerk shall schedule a public hearing at next regularly scheduled City Council meeting in accordance with the calendar deadlines established by the City Clerk for placing an item on the City Council agenda. The City Clerk shall give at least five (5) calendar days written notice thereof by mail addressed to the applicant's permanent address as reflected in the application.
(c) If the applicant fails to appear at the time and place set for hearing, the City Council will consider the matter resolved by the ruling of the City Manager, or his or her designee. (d) If the applicant does appear, the applicant will have to show by clear and convincing evidence that the City Manager, or his or her designee, was incorrect in his or her ruling. (e) The City Council shall have the power to concur with the ruling of the City Manager, or his or her designee, or reject the ruling and order the issuance of the permit. In either event, the decision of the City Council shall be the final administrative remedy available to the applicant.
5-17-123. Permits: Non-transferable.

Any permit issued pursuant to the provisions of this chapter shall be non-transferable and such shall be used only by the person to whom it has been issued. 5-17-134. Permits: Display.
(a) The permittee shall display his or her permit on his or her person at all times while engaged in any such business.
(b) The permittee shall also have in his or her possession written permission to be on and conduct business on such public or private property from the owner, or his or her authorized representative. The permittee shall, upon demand of any peace officer or fire inspector, present such written permission.
5-17-145. Prohibited areas.
(a) Any permit issued pursuant to this chapter does not allow or authorize the permittee to operate on a public highway or road right of way nor does it allow the permittee to operate on public or private property without the prior written permission of the current owner, or his or her authorized representative.

Ordinance No. -CS
5-17-156. Permit: Renewal.

Any permit issued pursuant to this chapter may thereafter be renewed yearly by the applicant, if the permit has not been suspended or revoked, upon the applicant requesting same from the Chief of Police and paying in advance the renewal fee as established from time to time by resolution of the City Council.
5-17-167. Registration requirements for those organizations exempted pursuant to TMC § 5-17-03(c).
(a) Any organization not required to obtain permits pursuant to TMC § 5-17-03(c) and engaged as itinerant vendors must nonetheless register their organization and participants with the City of Turlock Police Department prior to engaging in such activity. (b) Registration pursuant to subsection (a) of this section must be made in writing at least five (5) days prior to the commencement of such activity and shall contain at least the following information:
(1) The name of the organization;
(2) The names of all itinerant vendors;
(3) The nature of the activity and the dates that same will be conducted; (4) Any other such information that the Chief of Police may require to insure the public safety, health and general welfare.
5-17-178. Violation: Penalty.
(a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of the requirements of this chapter. Any person violating any of such provisions or failing to comply with any of such requirements of this chapter shall be guilty of a misdemeanor.
(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly. (c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and may be summarily abated by the City, and shall be regarded as a new and separate offense. (d) Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine not to exceed One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.

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(e) Each person who violates any provision of this chapter may be subject to the imposition and payment of an administrative fine(s) in accordance with Turlock Municipal Code Chapter 2-11.
(f) Pursuant to California Government Code Section 38773.7, any person found in violation of the provisions of this chapter a second or subsequent time within a two-year period will be subject to treble damages, according to court order.

SECTION 3. ADDITION: Title 5, Chapter 5-29, is hereby added to read as follows:

Chapter 5-29

SIDEWALK VENDORS
5-29-01. Conditions and Restrictions Imposed on Sidewalk Vendor Permit; Health and Safety Justification.
(a) Sidewalk Vendors shall adhere to all operating conditions and requirements set forth in this Chapter, and all restrictions, limitations, and operating requirements set forth in this Chapter shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this Chapter.
(b) The conditions, restrictions and operating requirements set forth in this Chapter are intended to protect the health and safety of Vendors, their patrons, and the general public for reasons including but not limited to:
(1) Reducing exposure to pedestrian versus vehicle contact; (2) Ensuring better visibility of drivers entering or exiting driveways; (3) Protecting access to public right-of-way by disabled persons to comply with the Americans with Disabilities Act;
(4) Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians;
(5) Preventing the appearance of “marketplace” vending which is more likely to generate crowding on public Sidewalks that would impede pedestrians and disabled use of Sidewalks;
(6) Reducing the chance pedestrians will enter vehicular Rights-of-Way or block the entrance or exit of a business;

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(7) Reducing the danger that school children will enter into traffic and be injured or killed trying to reach a Vendor;
(8) Reducing unnecessary or unanticipated slowing of vehicles approaching onramps, immediately adjacent to curb and Sidewalk, or existing freeway offramps where drivers are merging into oncoming traffic, all of which are likely to cause accidents;
(9) Reducing the possibility that drivers will be distracted in their line of site by a Vendor in the way of oncoming traffic;
(10) Causing visual distractions to the driving public; (11) Cause excessive noise that disturbs the peace;
(12) Eliminating litter, refuse, and food waste from the public Right-of-Ways; and
(13) Reducing the likelihood of contamination deposited into the City’s storm drain system.
5-29-02. Definitions.
(a) “Certified Farmer's Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

(b) “Food" means any type of edible substance or beverage intended primarily for consumption by human beings.
(c) “Immediate Vicinity" means within five hundred (500) feet. (d) “Median" means roadway medians and parkway islands. (e) “Merchandise" means small and easily carried or worn items that are not food or drinks, including but not limited to, souvenirs, toys, articles of clothing, flowers, etc. (f) “Public Right-of-Way” means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. (g) “Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place to place with stops to complete a transaction.
(h) “Sidewalk" means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to the street, including a public pathway provided for the primary use of pedestrians.

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(i) “Sidewalk Vendor" means a person who sells food, drinks or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a sidewalk or other pedestrian path, public rightof-way, public property, or private property where the general public has access to the vendor. " Sidewalk Vendor" includes "roaming Sidewalk Vendor" and "Stationary Sidewalk Vendor."
(j) “Stationary Sidewalk Vendor" means a Sidewalk Vendor who vends from a fixed location. (k) “Temporary Special Permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, athletic events, public assemblies, carnivals, festivals, and outdoor concerts.
(l) “Vend, Vends, Vended or Vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
(m) “Sidewalk Vending Permit” means a permit issued by the City of Turlock under this Article for the purpose of Sidewalk Vending.
(n) “Private Property” means any real property not owned, leased, or controlled by a federal, state, or local governmental agency, including, but not limited to, privately owned parking lots, shopping centers, commercial properties, residential properties, and common areas of private developments, whether or not such property is open to the public. For purposes of this Chapter, private property does not include public sidewalks, public rights-of-way, parks, or other property owned or controlled by a governmental agency. 5-29-03. Sidewalk Vending Permit Application.
(a) No person shall engage in, conduct, or carry on the business of operating as a Sidewalk Vendor without a Sidewalk Vending Permit issued under the provisions of this Article. (b) Every person, prior to engaging in, conducting, or carrying on the business of operating as a Sidewalk Vendor, shall file an application for a Sidewalk Vending Permit with the City of Turlock, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the City of Turlock and shall contain, at a minimum, the following:
(1) The legal name, current mailing address and telephone number of the applicant; (2) If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; (3) A copy of a California’s driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. The number collected

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shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; The application shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth, shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit for sidewalk vending.
(4) A description of the Food and/or merchandise for Vending; (5) A description, map, or drawing of the areas in which the Sidewalk Vendor proposes to operate;
(6) The dimensions of the Vending cart;
(7) The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary Sidewalk Vendor or a Roaming Sidewalk Vendor;
(8) A business license pursuant to Turlock Municipal Code Section 3-1. (9) A current valid California seller’s permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
(10) Proof of a policy or policies of comprehensive general liability insurance with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit coverage and two million dollars ($2,000,000) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured. In addition, the permittee is required to carry workers’ compensation and automobile coverage sufficient to meet requirements of the State of California; (11) If a Vendor of Food, the Sidewalk Vendor must show proof of a California Food Handler Card and a Stanislaus County itinerant vendor permit; (12) An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Sidewalk Vending conduct or activity;
(13) Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and (14) Any other reasonable information regarding the time, place, and manner of the proposed Sidewalk Vending activities.
(c) Applications for Sidewalk Vending Permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the Sidewalk Vending Permit. Renewal Sidewalk Vending Permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing Sidewalk Vending Permit.

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5-29-04. Criteria for Issuance or Denial of Sidewalk Vending Permit. (a) The City of Turlock shall approve the issuance of a Sidewalk Vending Permit unless it is determined that:
(1) The applicant has failed to satisfy the objective Sidewalk Vending Permit requirements set forth in this Chapter, including, without limitation, required state or county permits and required insurance;
(2) The applicant has made a material misrepresentation in the application; or (3) The applicant has failed to provide a complete application, after having been notified of the requirement to produce supplemental information or documents. 5-29-05. Sidewalk Vending Permit Non-Transferable.

A Sidewalk Vending Permit issued pursuant to this Chapter shall not be transferable to any other entity or person. Any change in ownership, Sidewalk operation, or Vending activity of an issued Sidewalk Vending Permit requires the filing of a new Sidewalk Vending Permit application under this Chapter.
5-29-06. Sidewalk Vending Permit Expiration.

A Sidewalk Vending Permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance.
5-29-07. Regulations.
(a) The City shall restrict the hours of operation of Sidewalk Vendors to comply with the restricted hours of the businesses or City facilities wherein the Sidewalk Vendor is operating.
(b) Sidewalk Vendors shall operate in compliance with all applicable federal, state, county, and city laws, ordinances, and regulations.
(c) Sidewalk Vendors shall only conduct operations at locations approved by the City. (d) No Sidewalk Vendor is permitted to operate within 500 feet of a public or private school during the hours of 7:00 a.m. to 6 p.m. Monday through Friday. (e) Sidewalk Vendors are prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park.
(f) Roaming Sidewalk Vending within any residential areas of the City is prohibited between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day. (g) A Sidewalk Vendor shall maintain a clean and trash-free 10-foot radius around his or her pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized

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conveyance at all times when it is located on public property. A Sidewalk Vendor shall immediately clean up any Food, grease, or other fluid or item related to Sidewalk Vending activities which fall onto the Sidewalk or other public property. When departing a location used for Vending, the Sidewalk Vendor shall remove all trash and debris from the location.

No trash or refuse generated by Sidewalk Vending activities shall be disposed of in public or private trash receptacles; Sidewalk Vendors must take the trash generated by their activities with them and dispose of it appropriately.
(h) For public safety reasons, including pedestrian, vehicular, public and Vendor safety, a Sidewalk Vendor shall not operate within the number of feet designated below from the nearest portion of the corresponding location:
(1) Within 500 feet from any freeway on-ramp or off-ramp. (2) Within 10 feet of another Sidewalk Vendor.
(3) Within 100 feet of a residence.
(4) Within 50 feet of the entrance or exit from any place of business that has an operational kitchen. If a business containing an operational kitchen is closed, this restriction shall not apply. This restriction shall only apply to businesses located on the same side of the street the Sidewalk Vendor is operating on to ensure food safety. (5) Sidewalk Vendors are prohibited from operating within 15 feet of fire hydrants, bus benches, transit shelters, crosswalks, or driveways.
(i) For public safety reasons, including pedestrian, public, and Vendor safety, a Sidewalk Vendor shall not operate in such a manner that the Vendor, the Vendor's cart, the Vendor's display, the Vendor's goods, or any combination thereof:
(1) impedes public use of the Sidewalk or Right-of-Way as required by the Americans with Disabilities Act; or
(2) impedes access to or the use of abutting property, including, but not limited to, residences and places of business; or
(3) impedes emergency access for the Police, Fire Department, or medical personnel to any abutting property; or
(4) is located within 18 inches from the edge of the curb face; or (5) Is located within the Driveway or Corner Clear Vision zones. (j) In the event of a traffic accident, medical emergency, gas leak, natural disaster, fire, onsite construction or related work on a capital improvement project, or an emergency situation, the City may temporarily require Sidewalk Vendors to relocate to another location if doing so is necessary to protect the public' s health and safety. (k) Sidewalk Vendors shall not Vend to customers in vehicles. (l) The sale of alcohol, marijuana, adult-oriented material, tobacco products, electronic

Ordinance No. -CS
cigarettes or products that contain nicotine, any product used to smoke/vape nicotine or marijuana, or any other illegal material or substances is prohibited. (m) Vendors shall be present at all times while any Food, drink or merchandise is on display on a Sidewalk. Unattended Vending is prohibited.
(n) Vendors shall comply with all applicable noise ordinances, including but not limited to Turlock Municipal Code section 5-28.
(o) During the Turlock Certified Farmer' s Market, or any other event classified as a farmer’s market, Sidewalk Vendors not associated with the Farmer's Market, or other events classified as a farmer’s market, shall not operate within the Immediate Vicinity. (p) During an event classified as a swap meet, Sidewalk Vendors not associated with the swap meet shall not operate within the Immediate Vicinity.
(q) During an event that has been issued a Temporary Special Permit, Sidewalk Vendors not associated with the Temporary Special Permit shall not operate within the Immediate Vicinity.
(r) Sidewalk Vendors who Vend any Food, beverage, or liquid products must implement the following best management practices:
(1) Possess spill kits that are comprised of paper towels, cloth towels, or sand at all times while Vending;
(2) Remove all spill materials from the public Right-of-Way and Sidewalks once the spilled material is absorbed off the ground;
(3) Capture and prevent spills leaving the area and moving into the surrounding streets from entering the storm water conveyance system, including curbs, gutters, and storm drains;
(4) Properly dispose of grease; and
(5) Ensure that any water or rinse residue used for Vending activities is not disposed in the curbs, gutters, streets, drains, or on any public property. (s) Sidewalk Vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise comply at all times with the location-related restrictions set forth in this Chapter relative to sidewalk vending activities. (t) Stationary Sidewalk Vendors are prohibited from operating or establishing in any residential zone of the City. This does not apply to Roaming Sidewalk Vendors. (u) Vending carts shall not be left unattended by the Vendor or their staff. (v) Sidewalk Vendors shall not attach or use any water lines, electrical lines, or gas lines located on public property owned by the City, or belonging to any other entity or person.

Ordinance No. -CS
(w) No signs, balloons, or flags may be displayed on or off the site for promotional purposes all signage must be attached.
5-29-08. Inspection and Enforcement.

Representatives of the Police Department, Fire Department, Code Enforcement, the Planning Department, the Finance Department, or any other relevant City department shall be permitted, at any time a Sidewalk Vendor is operating in the City, to inspect a Sidewalk Vendor's operation, its required permits, and its Vended Food and goods for compliance with local or state laws and regulations.
5-29-09. Violations.
(a) In accordance with State Law, a person found in violation of this Chapter shall be subject to the following, and except as provided in this Chapter, these provisions shall be the exclusive penalties applicable to violations of this Chapter:
(1) Operating as a Sidewalk Vendor in violation of this chapter, other than the failure to possess a valid Sidewalk Vending Permit:
(i) A written warning for a first violation.
(ii) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (iii) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. (iv) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (v) After the fourth violation the Sidewalk Vendor’s permit will be rescinded. (2) Operating as a Sidewalk Vendor without a valid permit issued by the City:
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

Ordinance No. -CS
(3) A Sidewalk Vendor may appeal an administrative fine pursuant to section 2-11 of the Turlock Municipal Code.
(4) A Sidewalk Vendor who has been issued an administrative fine pursuant to this Chapter may request a determination of his or her ability to pay the administrative fine pursuant to the provisions of Government Code section 51039(f). If the Sidewalk Vendor shows proof to the satisfaction of the hearing officer (if the request is made at the time of an administrative appeal hearing), or the City Manager or his or her designee (if the request is made at any other time), that he or she meets the criteria set forth in Government Code section 68632, subsections (a) or (b), the fine amount shall be reduced to 20 percent of the original fine amount.
(5) Violations of the Turlock Municipal Code not specifically subject to the limitations set forth in Section 51039 of the Government Code shall be subject to enforcement pursuant to the Turlock Municipal Code, as the same may be amended from time to time, in addition to any other applicable penalties or remedies prescribed by law at the time of the violation. (6) All such fines collected under this Section shall be deposited into the General Fund.
5-29-10. Confidentiality and Nondisclosure of Personally Identifiable Information. (a) Except as otherwise required by state or federal law, the City shall not provide voluntary consent to any individual to access, review, or obtain any City records obtained pursuant to this Article that include personally identifiable information of any Sidewalk Vendor without a subpoena or a valid judicial warrant. This subsection does not prohibit the City from challenging the validity of a subpoena or judicial warrant in a federal district court. (b) The City and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any Sidewalk Vendor obtained pursuant to this Article that is requested, except pursuant to a subpoena or a valid judicial warrant, or as required to administer the permit program, or to comply with a state law or state or federal court order.
(c) For purposes of this section, “personally identifiable information” includes an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, Sidewalk Vending Permit or license number, known place of work, income and tax information, and any other information that would identify the individual.

Ordinance No. -CS
(d) Personally identifiable information collected pursuant to this Article shall not be available to the public for inspection and shall be treated as confidential, including as exempt from disclosure to the extent permitted by applicable law.

SECTION 4. RESCISSION OF PRIOR RESOLUTION: Resolution No. 2025-134 is rescinded on the effective date of this Ordinance.

SECTION 5. VALIDITY: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

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

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

Signed and approved this ___ day of _________, 2026.

SIGNED:

__________________________
AMY BUBLAK, Mayor
ATTEST:
___________________________
NICHOLE FIEZ, City Clerk,
City of Turlock, County of Stanislaus,
State of California APPROVED AS TO FORM:
__________________________
KATIE O. LUCCHESI, City Attorney

City Council Staff Report
July 14, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Julian Avila , Associate Civil Engineer
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement with Ensure Utility Inc dba Phoenix Water Solutions, of Phoenix, Arizona in the amount of $1,603,290.00 and authorizing a construction contingency amount of $160,329 (10.0%) for the construction of City Project No. 25-057 "System Wide AMI and Water Meter Installation – Phase 1” to be funded by Fund 420 "Water Enterprise”.

Motion: Approving an Agreement with Willdan Engineering of Anaheim, California in the amount of $317,713.00 for construction management services for City Project No. 25-057 "System Wide AMI and Water Meter Installation – Phase 1” to be funded by Fund 420 "Water Enterprise”.

Resolution: Determining the award of bid for the construction of City Project No. City Project No. 25-057 "System Wide AMI and Water Meter Installation – Phase 1” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

2. NARRATIVE:

On January 27, 2026, the City Council approved an agreement with Badger Meter, Inc. for the purchasing of water meters. These meters will be supplied as owner-provided material on future construction contracts to eventually replace all meters throughout the city. The first phase of water meter installation is planned to be completed as part of City Project No. 25- 057 "System Wide AMI and Water Meter Installation - Phase 1”. Plans and specifications have been prepared by an on-call consultant providing engineering services (QK, Inc.) and includes installation of approximately 4,293 water meters for residential customers. These existing water meters have indicated incorrect water consumption readings from the existing automated water meter reading (AMR) system which requires significant operational resources to maintain and is approaching obsolescence. Additionally, the existing water meters are nearing the end of their 20-year service life.

This project is necessary in order to prioritize replacement of failing meters in the City and to implement an Advanced Metering Infrastructure (AMI) system that will improve billing, enable faster leak detection, reduce water loss, and give residents more timely insight into their water use.

The project scope includes:
• Replacement of approximately 4,293 water meters ranging in size from ¾” to 1-1/2” • Replacement of meter boxes, lids, and valves, where replacement or installation is necessary
• Installation of new adapters and new ORION Cellular Water Endpoints

Agenda Staff Report
7/14/2026
• Programming and integration of water meters into the AMI system with New World by Tyler Technologies
Construction Contract
The City’s on-call consultant, QK, has completed the project specifications. The City Council authorized staff to advertise the project for construction in the May 26, 2026 City Council meeting. City staff advertised the project for construction bids on May 30, 2026 both in the Turlock Journal and on the City’s eProcurement website, OpenGov. On June 22, 2026, eight (8) bids were received. Ensure Utility Inc dba Phoenix Water Solutions, of Phoenix, Arizona was the lowest responsible bidder with a base bid amount of $1,603,290.00.

Bid Summary:

Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with Ensure Utility Inc dba Phoenix Water Solutions, of Phoenix, Arizona as the lowest responsive, responsible bidder with a bid amount of $1,603,290.00.

Construction Management Contract
City staff advertised a Request for Proposals (RFP) for construction management (CM) services on the City’s eProcurement platform on June 3, 2026. The scope of work includes the following activities over a 12 month agreement period:
• Full time inspection
• Bi-weekly construction progress meetings
• Tracking contract time
• Public outreach
• Labor compliance
• Construction progress reporting
• Materials testing
• Construction schedule review
• Maintain project records

Agenda Staff Report
7/14/2026
• Document, review, and recommend approval of progress payments and change order items
• Final project inspection and acceptance
Four proposals were received on June 24th from Willdan Engineering, Inferrera Construction Management Group, Inc, H2SeismicPro LLC, and Black Water Consulting Engineers.

Proposals were evaluated by a review panel consisting of City staff.

The RFP provided the following evaluation criteria for CM proposals:

1. Qualifications, competence, abilities, and knowledge of personnel assigned

2. Experience of the Consultant to provide the specified services

3. Record of the consultant in accomplishing similar work within budget

4. Completeness of proposal

5. Approach/ Methodology

6. Consultant fees

7. Financial responsibility
Government Code Title 1, Division 5, Chapter 10 defines a qualifications-based selection process for contracts with private architectural, engineering, land surveying, and construction management firms. Professional service proposals are not evaluated solely on the basis of the lowest price, as is the case for construction projects. Construction projects have a well-defined scope of work where the quantity and type of materials are specified in the contract documents. However, professional services such as architectural, engineering, land surveying, and construction management depend upon the firm’s understanding of the goals and objectives of the project which require professional judgement and often results in varying approaches and levels of effort. The Government Code allows price to be considered such that the services are performed at a fair and reasonable price. The RFP identified consultant fees as an evaluation criterion to be reviewed after the qualificationsbased evaluation. The review panel first evaluated the proposers’ qualifications, experience, and approach without considering price. Consultant fees were then reviewed at the end of the evaluation process and incorporated into the final recommendation.

City staff completed the evaluation based on the written proposals, project references, and relevant past project experience. Staff contacted project references for the top-ranked consultants and considered each consultant’s demonstrated experience with similar water meter replacement projects, AMI implementation, municipal utility construction, inspection, labor compliance, public outreach, documentation, and project closeout.

Each firm demonstrated it was qualified to perform the needed construction management work. However, the review panel determined Willdan Engineering of Anaheim, California to be the highest-ranking consultant. Willdan demonstrated a strong understanding of the project needs and challenges, and has relevant experience overseeing citywide water meter replacement projects, AMI implementation, public outreach, service interruption constraints, and meter documentation requirements. Willdan’s proposal identified a qualified project team supported by experienced construction management, inspection, AMI integration, labor compliance, scheduling, and materials testing personnel. Willdan also identified similar experience with municipal water meter, AMR, and AMI projects for the Cities of South Gate,

Agenda Staff Report
7/14/2026
Fillmore, Fresno, Woodland, Glendale Water & Power, and other public agencies.

All firms provided a level of effort table identifying the estimated hours for each proposed staff member, as well as a fee proposal identifying hourly rates and other direct costs, including subconsultant costs such as materials testing and related support services. Each fee proposal established a not-to-exceed maximum price. City staff reviewed Willdan’s proposed level of effort and fee, and determined the amount to be fair and reasonable given the scope of services to be performed. City staff recommend that Council award a contract in the amount of $317,713 to Willdan Engineering of Anaheim, California for construction management services.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

Staff has determined that a total of $3,854,690.29 is needed to complete the project. Project costs are to be expensed in Fiscal Year 2025-26 and 2026-27. In Fiscal Year 2025-26, project costs are estimated to be $61,200.00, with the remaining project cost of $3,793,490.29 to be expensed in Fiscal Year 2026-27. The Municipal Services Department has identified funding from Fund 420 for project costs incurred in Fiscal Year 2025-26 and has requested adequate funding as part of the normal Fiscal Year 2026-27 budget process in general ledger accounts 420-52-551.51270 “Construction Project” and 420-52-551.51291 “Water Meters”. Adequate funds are available and no appropriation is needed.

Agenda Staff Report
7/14/2026

4. ENVIRONMENTAL DETERMINATION:

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

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 improvements are necessary for the replacement of failing water meters.

C. Council could approve the Agreement with Ensure Utility Inc dba Phoenix Water Solutions and authorize a different construction contingency amount than recommended by staff. Staff do not recommend this alternative because the proposed

10.0% contingency provides an appropriate balance between fiscal prudence and the need to address unforeseen field conditions without delaying the project.

D. Council could choose to not approve the professional services agreement for construction management services with Willdan Engineering. Staff does not recommend this alternative because construction management services are necessary to confirm that the work is constructed in compliance with the project plans and specifications. Willdan Engineering was ranked as the highest ranking consultant after the City’s review panel evaluated proposals per the evaluation criteria contained in the RFP.

6. ATTACHMENTS:

1. Draft Resolution

2. Bidder's Summary

3. Agreement CC 2026-170 with Ensure Utility Inc dba Phoenix Water Solutions

4. Agreement CC 2027-049 with Willdan Engineering

}
}
}
}
}
}
}
}
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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. 25-057 “SYSTEM WIDE AMI
AND WATER METER INSTALLATION – PHASE 1”

IS EXEMPT FROM THE PROVISIONS OF CEQA IN
ACCORDANCE WITH SECTION 15302
(REPLACEMENT OR RECONSTRUCTION) OF

THE CEQA GUIDELINES

WHEREAS, City Project No. 25-057 "System Wide AMI and Water Meter Installation – Phase 1" will replace approximately 4,293 water meters ranging in size from 3/4” to 1-1/2” and establish an Advance Metering Infrastructure system as part of the City’s goal to replace all water meters throughout the city; and
WHEREAS, on June 22nd, 2026, eight (8) bids were received for the construction of City Project No. 25-057, with Ensure Utility Inc dba Phoenix Water Solutions, of Phoenix, Arizona, submitting the lowest responsive, responsible bid in the amount of $1,603,290.00; 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 of existing facilities.

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. 25-057 “System Wide AMI and Water Meter Installation – Phase 1” 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 14th day of July, 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: System Wide AMI and Water Meter Installation – Phase 1CITY PROJECT NUMBER: 25-057BID OPENING: June 22, 2026 at 4:00 PMANTICIPATED COUNCIL AWARD DATE: July 14, 2026 Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total 1 Mobilization & Demobilization L.S. 1 125,000.00$ 125,000.00$ $73,348.00 73,348.00$ $69,000.00 69,000.00$ 2 Prepare and Maintain Pedestrian and Traffic Control Plan(s) L.S. 1 15,000.00$ 15,000.00$ $10,000.00 10,000.00$ $21,733.00 21,733.00$ 3 Perform Potholing Allow 1 35,000.00$ 35,000.00$ $35,000.00 35,000.00$ $35,000.00 35,000.00$4 Replace 3/4" Water Meter and Endpoint EA. 842 500.00$ 421,000.00$ $90.35 76,074.70$ $92.00 77,464.00$ 5 Replace 1" Water Meter and Endpoint EA. 3,351 550.00$ 1,843,050.00$ $90.60 303,600.60$ $104.00 348,504.00$ 6 Replace 1 1/2" Water Meter and Endpoint EA. 100 600.00$ 60,000.00$ $152.20 15,220.00$ $181.00 18,100.00$ 7 Install Private 3/4" Brass Ball Valve on Downstream Side of Meter EA. 450 140.00$ 63,000.00$ $222.05 99,922.50$ $175.00 78,750.00$ 8 Install Private 1" Brass Ball Valve on Downstream Side of Meter EA. 1,200 150.00$ 180,000.00$ $276.95 332,340.00$ $217.00 260,400.00$ 9 Install Private 1 1/2" Brass Ball Valve on Downstream Side of Meter EA. 40 300.00$ 12,000.00$ $467.00 18,680.00$ $298.00 11,920.00$ 10 Replace B16 Meter Box EA. 250 300.00$ 75,000.00$ $128.40 32,100.00$ $231.00 57,750.00$ 11 Replace B30 Meter Box EA. 50 350.00$ 17,500.00$ $230.00 11,500.00$ $314.00 15,700.00$ 12 Replace FL16D Meter Box Lid EA. 3,480 200.00$ 696,000.00$ $110.55 384,714.00$ $163.00 567,240.00$ 13 Replace FL30D Meter Box Lid EA. 83 300.00$ 24,900.00$ $130.00 10,790.00$ $230.00 19,090.00$ 14 Remove and Replace Sidewalk Allow 1 70,000.00$ 70,000.00$ $70,000.00 70,000.00$ $70,000.00 70,000.00$ 15 Irrigation and Landscaping Repairs Allow 1 50,000.00$ 50,000.00$ $50,000.00 50,000.00$ $50,000.00 50,000.00$ 16 Allowance for Unknown Utilities Allow 1 25,000.00$ 25,000.00$ $25,000.00 25,000.00$ $25,000.00 25,000.00$ 17 Work Not Included in Other Bid Items L.S. 1 10,000.00$ 10,000.00$ $55,000.20 55,000.20$ $62,675.00 62,675.00$ Base Bid ENGINEER'S EST. Ensure Utility Inc dba Phoenix Water Solutions Vulcan Construction & Maintenance, Inc.

Base Bid Total = 3,722,450.00$ 1,603,290.00$ 1,788,326.00$ 1 2

CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: System Wide AMI and Water Meter Installation – Phase 1CITY PROJECT NUMBER: 25-057BID OPENING: June 22, 2026 at 4:00 PMANTICIPATED COUNCIL AWARD DATE: July 14, 2026 Item Unit of Estimated
No. Item Description Measure Quantity
1 Mobilization & Demobilization L.S. 12 Prepare and Maintain Pedestrian and Traffic Control Plan(s) L.S. 13 Perform Potholing Allow 14 Replace 3/4" Water Meter and Endpoint EA. 8425 Replace 1" Water Meter and Endpoint EA. 3,3516 Replace 1 1/2" Water Meter and Endpoint EA. 1007 Install Private 3/4" Brass Ball Valve on Downstream Side of Meter EA. 450 8 Install Private 1" Brass Ball Valve on Downstream Side of Meter EA. 1,2009 Install Private 1 1/2" Brass Ball Valve on Downstream Side of Meter EA. 40 10 Replace B16 Meter Box EA. 25011 Replace B30 Meter Box EA. 5012 Replace FL16D Meter Box Lid EA. 3,48013 Replace FL30D Meter Box Lid EA. 8314 Remove and Replace Sidewalk Allow 115 Irrigation and Landscaping Repairs Allow 116 Allowance for Unknown Utilities Allow 117 Work Not Included in Other Bid Items L.S. 1 Base Bid
Base Bid Total =
Unit Price Total Unit Price Total Unit Price Total
72,000.00$ 72,000.00$ 10,000.00$ 10,000.00$ 45,000.00$ 45,000.00$ 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 130.00$ 109,460.00$ 219.00$ 184,398.00$ 141.00$ 118,722.00$ 133.00$ 445,683.00$ 229.00$ 767,379.00$ 142.00$ 475,842.00$ 217.00$ 21,700.00$ 264.00$ 26,400.00$ 357.00$ 35,700.00$ 345.00$ 155,250.00$ 140.00$ 63,000.00$ 643.00$ 289,350.00$ 380.00$ 456,000.00$ 300.00$ 360,000.00$ 670.00$ 804,000.00$ 560.00$ 22,400.00$ 400.00$ 16,000.00$ 960.00$ 38,400.00$ 245.00$ 61,250.00$ 380.00$ 95,000.00$ 542.00$ 135,500.00$ 425.00$ 21,250.00$ 425.00$ 21,250.00$ 552.00$ 27,600.00$ 122.00$ 424,560.00$ 175.00$ 609,000.00$ 188.00$ 654,240.00$ 172.00$ 14,276.00$ 260.00$ 21,580.00$ 240.00$ 19,920.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$

1.00$ 1.00$ 100.00$ 100.00$ 10,000.00$ 10,000.00$
West Valley Construction
Company Inc.

Mid Cal Pipeline & Utilities,
Inc.
1,986,830.00$
3 4 5
2,359,107.00$
Lawrence Backhoe Service,
INC.
2,844,274.00$

CITY OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: System Wide AMI and Water Meter Installation – Phase 1CITY PROJECT NUMBER: 25-057BID OPENING: June 22, 2026 at 4:00 PMANTICIPATED COUNCIL AWARD DATE: July 14, 2026 Item Unit of Estimated
No. Item Description Measure Quantity
1 Mobilization & Demobilization L.S. 12 Prepare and Maintain Pedestrian and Traffic Control Plan(s) L.S. 13 Perform Potholing Allow 14 Replace 3/4" Water Meter and Endpoint EA. 8425 Replace 1" Water Meter and Endpoint EA. 3,3516 Replace 1 1/2" Water Meter and Endpoint EA. 1007 Install Private 3/4" Brass Ball Valve on Downstream Side of Meter EA. 450 8 Install Private 1" Brass Ball Valve on Downstream Side of Meter EA. 1,2009 Install Private 1 1/2" Brass Ball Valve on Downstream Side of Meter EA. 40 10 Replace B16 Meter Box EA. 25011 Replace B30 Meter Box EA. 5012 Replace FL16D Meter Box Lid EA. 3,48013 Replace FL30D Meter Box Lid EA. 8314 Remove and Replace Sidewalk Allow 115 Irrigation and Landscaping Repairs Allow 116 Allowance for Unknown Utilities Allow 117 Work Not Included in Other Bid Items L.S. 1 Base Bid
Base Bid Total =
Unit Price Total Unit Price Total Unit Price Total
175,000.00$ 175,000.00$ 92,000.00$ 92,000.00$ 305,000.00$ 305,000.00$ 3,150.00$ 3,150.00$ 140,000.00$ 140,000.00$ 60,000.00$ 60,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 35,000.00$ 274.00$ 230,708.00$ 182.00$ 153,244.00$ 440.00$ 370,480.00$ 285.00$ 955,035.00$ 182.00$ 609,882.00$ 445.00$ 1,491,195.00$ 425.00$ 42,500.00$ 182.00$ 18,200.00$ 600.00$ 60,000.00$ 454.00$ 204,300.00$ 298.00$ 134,100.00$ 155.00$ 69,750.00$ 491.00$ 589,200.00$ 348.00$ 417,600.00$ 165.00$ 198,000.00$ 530.00$ 21,200.00$ 258.00$ 10,320.00$ 300.00$ 12,000.00$ 460.00$ 115,000.00$ 280.00$ 70,000.00$ 360.00$ 90,000.00$ 474.00$ 23,700.00$ 293.00$ 14,650.00$ 380.00$ 19,000.00$ 172.00$ 598,560.00$ 380.00$ 1,322,400.00$ 220.00$ 765,600.00$ 280.00$ 23,240.00$ 456.00$ 37,848.00$ 280.00$ 23,240.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 30,950.00$ 30,950.00$ 357,961.00$ 357,961.00$ 30,000.00$ 30,000.00$ 3,674,265.00$
Champion Industrial
Contractors
Pacific Underground
Construction Inc.
3,558,205.00$
6 7 8
United Pavement
Maintenance, Inc
3,192,543.00$

CITY CONTRACT NO. 2026-170 1
CITY PROJECT NO. 25-057
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT
City Project No. 25-057
System Wide AMI and Water Meter Installation – Phase 1
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Ensure Utility Inc dba Phoenix Water Solutions, a California corporation (“Contractor”), on Tuesday, July 14, 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 System Wide AMI and Water Meter Installation – Phase 1 (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 July 14, 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.

Docusign Envelope ID: 20C42002-BB6E-88C4-81EB-EAFA1F3C92D3

CITY CONTRACT NO. 2026-170 2
CITY PROJECT NO. 25-057
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 System Wide AMI and Water Meter Installation – Phase 1; 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 Contract Packet - 2 of 59
Docusign Envelope ID: 20C42002-BB6E-88C4-81EB-EAFA1F3C92D3

CITY CONTRACT NO. 2026-170 3
CITY PROJECT NO. 25-057
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 System Wide AMI and Water Meter Installation – Phase 1.” 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 One Million Six Hundred Three Thousand Two Hundred Ninety and No/100ths Dollars ($1,603,290.00) (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
Contract Packet - 3 of 59
Docusign Envelope ID: 20C42002-BB6E-88C4-81EB-EAFA1F3C92D3

CITY CONTRACT NO. 2026-170 4
CITY PROJECT NO. 25-057
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 eighty five (85) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of one hundred (100) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.

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.

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Docusign Envelope ID: 20C42002-BB6E-88C4-81EB-EAFA1F3C92D3