Turlock City Council
July 28, 2026

City Council Staff Report
July 28, 2026

From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Accepting improvements for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects” (Bid Package 1) and authorizing the City Engineer to file a Notice of Completion

2. NARRATIVE:

On February 25, 2025, the City Council approved an agreement between the City of Turlock and United Pavement Maintenance, Inc., of Hughson, California, in the amount of $3,219,411.30 and a contingency amount of $322,000.00 for the construction of Bid Package 1 for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects."

Bid Package 1 provided for the rehabilitation of the following street sections:

City Project No. 23-067 Bid Package 1
Street Name From To Length
(ft)
District
Gettysburg St. Andre Ln. Dels Ln. 1,046.00 4
Hughes Ct. Gettysburg St. North End 154.00 4
Andre Ln. W. Tuolumne Ave. W. Monte Vista Ave. 2,582.00 3 & 4 Troy Ct. East End Andre Ln. 200.00 3
Yvonne Ct. East End Andre Ln. 174.00 3
Torre Ct. East End Andre Ln. 167.00 3
Delta Ct. East End Andre Ln. 154.00 3
Curt Ct. West End Andre Ln. 230.00 4
Ledwith Ct. Andre Ln. West End 223.00 4
Tampa St. Niagra St. Andre Ln. 1,004.00 3
Regis St. Geer Rd. Niagra St. 518.00 3
Niagra St. Regis St. Monte Vista Ave. 853.00 3
TOTAL LENGTH (FT) 7,305.00

The work consisted, in general, of full-depth reclamation of existing base, paving a new Hot Mix Asphalt pavement section, curb and gutter reconstruction, ADA ramp construction, adjustment of valve and manhole covers to grade, striping, and traffic control.

Subsequent to the approval of the agreement, several Contract Change Orders (CCOs) were approved in accordance with Resolution 2025-007 which authorizes the Director to approve

Agenda Staff Report
7/28/2026

change orders up to 50% of the approved change order contingency and, also, authorizes the Director and City Manager to jointly approve change orders up to 100% of the approved change order contingency. A summary of the approved CCOs is attached.

Amount % of
Original
Contract
Approval Date
Original Contract $ 3,219,411.30 - February 25, 2025
CCO Net Amount ($ 116,656.31) (3.63) May 18, 2026

Adjusted Total
Contract
$ 3,102,845.99

Construction has been completed per the approved project plans and specifications.

Contractor has now submitted all the required documentation and has agreed with the final quantities. Staff requests City Council approval to authorize the City Engineer to file a Notice of Completion. California Civil Code Section 9204 allows a public entity to record a Notice of Completion as signed and verified by its agent.

The Notice of Completion will establish July 28, 2026 as the official date of project completion and effectively limit the contractor’s statutory time to file a claim on the project.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The final cost impact of the construction contract with United Pavement Maintenance, Inc. is $3,102,845.99 and will be funded by Fund 218 “Measure L”, account number 218-40- 461.51270.

Appropriate funds have been allocated during Fiscal Year 2026-27 budget process to cover these costs.

4. ENVIRONMENTAL DETERMINATION:

On February 25, 2025, the City Council determined that this project was exempt from California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) as this project involved negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes would be created by this project. The proposed action does not modify that determination; therefore, no additional determination is needed.

5. ALTERNATIVES:

A. City Council could choose to deny authorizing the City Engineer to file the Notice of Completion. Staff does not recommend this alternative as all work has been completed in accordance with the contract documents.

B. Provide staff with direction on how to proceed.

6. ATTACHMENTS:

1. Draft Notice of Completion (NOC)

2. Contract Change Order Summary

Agenda Staff Report
7/28/2026

3. Final Quantities

Attachment A
RECORDED AT THE REQUEST OF:

CITY OF TURLOCK

WHEN RECORDED MAIL TO:

CITY OF TURLOCK
Office of the City Clerk
156 S. Broadway, Suite 230
TURLOCK, CA 95380-5454

NOTICE OF COMPLETION
CITY PROJECT NO. 23-067 BID PACKAGE 1

ROADS PROGRAM CIP

Notice is hereby given that work on the above-referenced project located on various locations in Turlock, California, was completed by the undersigned agency on July 28, 2026. The contractor of work is United Pavement Maintenance, Inc., 7017 Hughson Avenue, Hughson, California, 95326 and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California, 95380. Kindly, refer to said Project Number on all communications relating to this work.

Date:
(Signature - William D. Morris, PE, PLS; City Engineer; Owner’s Agent) City of Turlock

VERIFICATION

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

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

CITY OF TURLOCK

___________________________
William D. Morris, P.E., PLS

CITY ENGINEER
OWNER’S AGENT

Executed on _____________, 2026 at Turlock, California, Stanislaus County

CCO No. CCO Description Item Increase or
Decrease
Force Account
Amount CCO Amount Cumulative
Total
Percent of
Contingency Approved By
1 Revised Plan Sheets $0.00 $0.00 $0.00 $0.00 0.00% Director 2 T Trench, DI, Class 2 AB $10,019.82 $0.00 $10,019.82 $10,019.82 3.11% Director 3 Full Depth HMA $0.00 $0.00 $0.00 $10,019.82 3.11% Director 4 Trees, Lawn, Side Walk $20,723.07 $0.00 $20,723.07 $30,742.89 9.55% Director 5 Balancing CCO, Asphalt Price Index, Delay Damages -$147,308.20 $0.00 -$147,308.20 -$116,565.31 -36.20% Director -$116,565.31 $0.00 -$116,565.31

CONTRACT CHANGE ORDER (CCO) SUMMARY
City Project 23-067 Bid Package 1
TOTALS

Item No. Item Description Unit of
Measure
Contractor's
Unit Price
Final
Actual Quantities
Final
Actual Amount Bid Quantities Bid Amount Total Difference 1 Potholes Existing Utilities LS $51,156.00 1.00 $51,156.00 1.00 $51,156.00 $0.00 2 Construction Funding Signs EA $1,800.00 5.00 $9,000.00 5.00 $9,000.00 $0.00 3 Traffic Control System LS $119,863.00 1.00 $119,863.00 1.00 $119,863.00 $0.00 4 Portable Changeable Message Sign EA $1,490.00 5.00 $7,450.00 5.00 $7,450.00 $0.00 5 Job Site Management LS $21,672.00 1.00 $21,672.00 1.00 $21,672.00 $0.00 6 Prepare Storm Water Pollution Prevention Plan LS $15,600.00 1.00 $15,600.00 1.00 $15,600.00 $0.00 7 Erosion and Dust Control BMPs LS $12,624.00 1.00 $12,624.00 1.00 $12,624.00 $0.00 8 Construction Staking LS $32,490.00 1.00 $32,490.00 1.00 $32,490.00 $0.00 9 Remove Concrete (Curb Ramp, Sidewalk, Valley Gutter, Curb & Gutter) SY $47.40 4183.35 $198,290.79 3990.00 $189,126.00 $9,164.79 10 Remove Concrete (Retaining Curb) LF $66.00 55.00 $3,630.00 55.00 $3,630.00 $0.00 11 Roadway Excavation (F) CY $20.00 1670.00 $33,400.00 1670.00 $33,400.00 $0.00 12 Aggregate Base (Class 2) CY $459.00 97.21 $44,619.39 100.00 $45,900.00 ($1,280.61) 13 Full Depth Reclamation – Cement SY $8.80 22183.15 $195,211.72 24490.00 $215,512.00 ($20,300.28) 14 Cement (Full Depth Reclamation - Cement) TON $236.00 265.30 $62,610.80 463.00 $109,268.00 ($46,657.20) 15 Mix Design (Full Depth Reclamation - Cement) LS $30,000.00 1.00 $30,000.00 1.00 $30,000.00 $0.00 16 Hot Mix Asphalt (Type A) TON $117.52 7414.11 $871,306.21 7640.00 $897,852.80 ($26,546.59) 17 Cold Plane AC Pavement (0.30’ Depth) SY $7.00 21545.74 $150,820.18 24490.00 $171,430.00 ($20,609.82) 18 Minor Concrete (Curb and Gutter) LF $57.25 3607.68 $206,539.68 3310.00 $189,497.50 $17,042.18 19 Minor Concrete (Retaining Curb) SF $24.00 55.00 $1,320.00 55.00 $1,320.00 $0.00 20 Minor Concrete (Curb Ramp) SF $17.00 5035.56 $85,604.52 4690.00 $79,730.00 $5,874.52 21 Minor Concrete (Sidewalk) SF $14.00 14963.66 $209,491.24 16200.00 $226,800.00 ($17,308.76) 22 Minor Concrete (Valley Gutter) SF $15.00 4670.46 $70,056.90 5240.00 $78,600.00 ($8,543.10) 23 Minor Concrete (Driveway) SF $20.00 3506.42 $70,128.40 2400.00 $48,000.00 $22,128.40 24 Minor Concrete (Mailbox Pads) SF $19.00 32.00 $608.00 50.00 $950.00 ($342.00) 25 Detectable Warning Surface (Truncated Domes) SF $26.00 585.00 $15,210.00 660.00 $17,160.00 ($1,950.00) 26 Remove Inlet EA $1,325.00 2.00 $2,650.00 4.00 $5,300.00 ($2,650.00) 27 Install Drainage Inlet (SD-3) EA $5,538.00 2.00 $11,076.00 4.00 $22,152.00 ($11,076.00) 28 Reset Monument Cover to Grade EA $954.00 21.00 $20,034.00 19.00 $18,126.00 $1,908.00 29 Adjust Manhole Frame and Cover (Sewer) EA $1,232.00 48.00 $59,136.00 38.00 $46,816.00 $12,320.00 30 Adjust Manhole Frame and Cover (Storm Drain) EA $1,232.00 7.00 $8,624.00 5.00 $6,160.00 $2,464.00 31 Remove Water Valve EA $1,264.00 2.00 $2,528.00 2.00 $2,528.00 $0.00 32 Install B-16 Water Valve EA $3,665.00 2.00 $7,330.00 2.00 $7,330.00 $0.00 33 Adjust Frame and Cover to Grade (Water Valve) EA $983.00 70.00 $68,810.00 59.00 $57,997.00 $10,813.00

CITY OF TURLOCK

FINAL QUANTITIES
Project No. 23-067 Bid Package 1
PAGE 1 OF 2

Item No. Item Description Unit of
Measure
Contractor's
Unit Price
Final
Actual Quantities
Final
Actual Amount Bid Quantities Bid Amount Total Difference

CITY OF TURLOCK

FINAL QUANTITIES
Project No. 23-067 Bid Package 1
34 Adjust Frame and Cover to Grade (Sewer Cleanout) EA $1,837.00 1.00 $1,837.00 1.00 $1,837.00 $0.00 35 Relocate Mailbox EA $722.00 2.00 $1,444.00 2.00 $1,444.00 $0.00 36 Roadside Sign – One Post EA $540.00 7.00 $3,780.00 7.00 $3,780.00 $0.00 37 Thermoplastic Traffic Stripe LF $4.80 5118.00 $24,566.40 5190.00 $24,912.00 ($345.60) 38 Thermoplastic Pavement Markings SF $14.40 1740.00 $25,056.00 3085.00 $44,424.00 ($19,368.00) 39 Video Sewer and Storm Drain LS $134,400.00 1.00 $134,400.00 1.00 $134,400.00 $0.00 40 Traffic Signal Modification (Regis St and Greer Rd) LS $152,400.00 1.00 $152,400.00 1.00 $152,400.00 $0.00 41 Mobilization LS $81,774.00 1.00 $81,774.00 1.00 $81,774.00 $0.00 SUB-TOTAL CONTRAT ITEMS $3,124,148.23 $3,219,411.30 ($95,263.07) CCO # CHANGE ORDERS
(NOT INCLUDING ITEM INCREASE/DECREASE)
1 Revised Plan Sheets N/A $0.00 1.00 $0.00 0 $0.00 $0.00 2 T Trench, DI, Class 2 AB LS $10,019.82 1.00 $10,019.82 0 $0.00 $10,019.82 3 Full Depth HMA N/A $0.00 1.00 $0.00 0 $0.00 $0.00
4 Trees, Lawn, Sidewalk LS $20,723.07 1.00 $20,723.07 0 $0.00 $20,723.07 5 Balancing CCO (Included in Pay Quantities), Asphalt Price Index, Delay Damages N/A -$52,045.13 1.00 ($52,045.13) 0 $0.00 ($52,045.13) SUB-TOTAL CHANGE ORDER ITEMS ($21,302.24) $0.00 $0.00 ($21,302.24) TOTAL PROJECT $3,102,845.99 $3,219,411.30 ($116,565.31) PAGE 2 OF 2

City Council Staff Report
July 28, 2026

From: Isaac Moreno, Finance Director
Prepared by: Isaac Moreno, Finance Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Approving an agreement with Goldfarb & Lipman LLP to provide housing legal services for a three (3)-year term, in an amount not to exceed $100,000

2. NARRATIVE:

The Housing Division administers multiple federally and state-funded programs, each with extensive federal and state requirements and regulatory guidelines. These programs require complex federal, state and local regulations, as well as the preparation and review of legal documents associated with housing activities.

The Housing Division requires specialized legal counsel to assist with the development, implementation, and administration of housing programs. Services may include review and preparation of loan agreements, regulatory agreements, deeds of trust, promissory notes, affordability covenants, program policies and procedures, funding agreements, environmental compliance matters, fair housing issues, and other legal documents and issues necessary to ensure compliance with applicable laws and funding requirements.

The attorney will also provide legal guidance related to program administration, affordable housing development, contract interpretation, enforcement of loan agreements, property transactions, and other housing-related matters as requested.

Retaining specialized housing legal counsel will help ensure the City's housing programs remain compliant with applicable regulations, reduce legal risk, and support the effective administration of housing funds.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Funds have been appropriated in the Fiscal Year 2026-2027 budget in various housing programs to be shared among Fund 255 “CDBG” account 255-41-485.43195 “Special Legal Counsel”, Fund 256 “Stanislaus Housing Consortium” account 256-41-486.43195 “Special Legal Counsel”, Fund 259 “HOME ARP” account 259-41-499.43195 “Special Legal Counsel”, and Fund 260 “Permanent Local Housing Allocation” account 260-41-494.43195 “Special Legal Counsel”.

4. ENVIRONMENTAL DETERMINATION:

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

Agenda Staff Report
7/28/2026

5. ALTERNATIVES:

A. The City Council could choose not to approve the proposed agreement. This is not recommended as this agreement will provide the specialized legal expertise necessary to support the City’s housing programs and ensure continued compliance with applicable funding requirements and assist with the preparation and review of legal documents.

B. The City Council could choose to modify the proposed agreement amount. This is not recommended as the proposed amount is intended to ensure the Housing Division has adequate access to specialized legal services necessary to support the administration of federal and state housing programs, review and prepare legal documents, and address legal matters that may arise throughout the fiscal year.

6. ATTACHMENTS:

1. Goldfarb & Lipman Agreement

CITY CONTRACT NO. 2026-177 1

AGREEMENT BETWEEN THE CITY OF TURLOCK
and
Goldfarb & Lipman
for

PROFESSIONAL SERVICES
City Contract No. 2026-177
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the City of Turlock, a California municipal corporation (“ City”), and Goldfarb & Lipman, LLP, a limited liability partnership (“Professional”), on Tuesday, July 28, 2026 (the “Effective Date”). City and Professional 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 to hire an independent contractor to perform professional services to assist City with the Legal services for Housing Programs (the “Project”).

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

C. The Parties have outlined the schedule or timeline for providing the Services (“ Completion Schedule”), which shall be included in the Scope of Services in Exhibit A.

D. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agre e as follows:

Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

CITY CONTRACT NO. 2026-177 2

AGREEMENT

1. RECITALS:

The recitals set forth above (“ Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 53 of this Agreement, the Sections 1 through 53 shall prevail.

2. TERM:

The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on Saturday, July 28, 2029 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.

3. EXTENSION OF AGREEMENT:
{Intentionally Omitted}

4. EFFECTIVE DATE:

This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).

5. WORK:

5.1. SERVICES:

Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “ Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

5.2. CITY REQUESTED MODIFICATION OF SERVICES:

City may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties s hall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

5.3. PROFESSIONAL REQUESTED MODIFICATION IN SERVICES:

Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:

A. Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of acti on for completing the work and a specific request for City to approve the Modification to the Services; (3) set Contract Packet - 2 of 24
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CITY CONTRACT NO. 2026-177 3

forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and B. City agrees that the work requires a Modification;
C. City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and D. The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.

6. COMPENSATION:

6.1. AMOUNT, TIME AND MANNER OF PAYMENT FOR PROFESSIONAL SERVICES:

City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco -Oakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a reque sted price increase is not acceptable. City’s total compensation to Professional shall not exceed One Hundred Thousand and No/100ths Dollars ($100,000.00) (“ Maximum Payment”), unless the Parties mutually agree in writing otherwise.

6.2. DEPOSIT:
{Intentionally Omitted}

6.3. SUBSEQUENT PAYMENTS:

City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Profession al of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.

6.4. INVOICES:

Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City.

The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Pr ofessional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.

7. NOTICE TO PROCEED:

Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).

8. TIME OF PERFORMANCE:

Professional warrants that it will commence performance of the Services within ten (10) calendar days of the date the agreement was executed and shall conform to the Completion Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Contract Packet - 3 of 24
Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

CITY CONTRACT NO. 2026-177 4

9. CITY ASSISTANCE TO PROFESSIONAL:
{Intentionally Omitted}

10. TIME AND PERSONNEL DEVOTED TO SERVICES:

Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.

11. PERFORMANCE BY QUALIFIED PERSONNEL; NO SUBCONTRACTING:

Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional.

Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracti ng is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.

12. REPRESENTATIONS OF PROFESSIONAL:

City relies upon the following representations by Professional in entering into this Agreement:

12.1. QUALIFICATIONS:

Professional represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similar ly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.

12.2. PROFESSIONAL PERFORMANCE:

Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession.

Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.

12.3. NO WAIVER OF CLAIMS:

The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re- perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character Contract Packet - 4 of 24
Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

CITY CONTRACT NO. 2026-177 5

of such Service may not have been apparent or dete cted at the time of such payment, inspection, review or approval.

12.4. CITY'S REMEDIES ARE CUMULATIVE:

Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.

12.5. NO CONFLICT OF INTEREST:

Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

13. 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 Califor nia Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations. Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall imm ediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

13.1. 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).

Contract Packet - 5 of 24
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CITY CONTRACT NO. 2026-177 6

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

14. CONTACT BY PROFESSIONAL WITH PROJECT OWNER OR PROJECT APPLICANT:

Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contract Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.

15. CONFIDENTIALITY:

Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional 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”).

Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the P roject and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.

Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.

16. EXCUSABLE DELAYS; NOTICE TO OTHER PARTY OF DELAY:

Professional shall not be in breach of this Agreement in the event that performance of Services is temporari ly interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor dist urbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.

17. ASSIGNMENT PROHIBITED:

No Party to this Agreement m ay assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

18. SUSPENSION OF SERVICES BY CITY:

City reserves the right to suspend P rofessional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, Contract Packet - 6 of 24
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upon receipt of said notice, suspend all Services except any Servi ces, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Service s performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnis h to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.

If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with "ARBITRATION OF DISPUTES" of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.

19. OWNERSHIP OF WORK PRODUCT:

Any and all work, ar twork, 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 Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and a ll copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.

All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services h ereunder. Professional shall have no ownership interest in such Products.

All work product of Professional under this Agreement, 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 specified in Exhibit A.

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

20. TERMINATION OF WORK BY CITY FOR ITS CONVENIENCE:

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City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional. In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:

A. Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.

B. If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City ha s issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with "ARBITRATION OF DISPUTES" of this Agreement.

C. Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.

21. ASSURANCE OF PERFORMANCE:

If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed defici encies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

22. CANCELLATION FOR BREACH BY EITHER PARTY:

Should either Party fail to substanti ally perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.

Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or w hich 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 Professional.

City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.

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23. NON-DISCRIMINATION:

In its performance of the Services, Professional shall adhere to City’s Equal Employment Opportunity Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City.

All employees and applicants shall receive equal consideration and treatment in emp loyment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub -contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.

24. ARBITRATION OF DISPUTES:

All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitr ation 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 this Agreement. 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 in this Agreement, matters involving defects in the work product of the Professional, 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 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 limitation.

The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of 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 attorneys' fees incurred by the prevailing party.

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

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

B. All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.

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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.

25. INSURANCE COVERAGE:

During the Term, the Professional, at its own cost and expense, shall maintain in full force and effect policies of insurance set forth herein, which shall be pla ced with insurers admitted in California with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance. Professional shall maintain coverage as follows:

25.1. COMMERCIAL GENERAL LIABILITY:

Professional shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in the amount of no less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.

25.2. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY:

Professional shall maintain workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the am ount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.

25.3. PROFESSIONAL LIABILITY:

Professional shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing professional services in the amount of no less than Two Million Dollars ($2,000,000.00) per claim and in the aggregate or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guara nteeing payment of losses and related investigations, claims administration and defense expenses.

25.4. COMMERCIAL AUTOMOBILE LIABILITY:

Professional shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01 (o r equivalent) in the amount of no less than Two Million Dollars ($2,000,000.00) or greater per accident for owned, leased, hired, and non-owned, borrowed automobiles.

25.5. UMBRELLA OR EXCESS POLICY:

Professional may use Umbrella or Excess Policies to prov ide 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 Contract Packet - 10 of 24
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Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess polici es 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 insurance coverage or policies maintained by the City (“Additional Insured”), whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.

25.6. WAIVER OF SUBROGATION:

With the exception of professional liability, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy, automobile liabili ty policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors and subcontractors. Professional shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Professional agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.

26. ADDITIONAL INSURANCE REQUIREMENTS:

Within five (5) d ays of the Effective Date, Professional shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional and shall be endorsed to state such; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) allow and be endorsed primary with respect to any insuranc e or self -insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.

27. INDEMNIFICATION BY PROFESSIONAL:

To the fullest extent permitted by law, Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employ ee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representat ive or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, reckless or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

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28. LIABILITY OF CITY:

Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, conseq uential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

29. INDEPENDENT CONTRACTOR:

At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement.

Professional shall be liable for its acts and omissions and t hose 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 Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.

30. PROFESSIONAL NOT AGENT:

Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

31. PAYMENT OF TAXES AND OTHER EXPENSES:

Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.

32. 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: Isaac Moreno, Director
156 S. Broadway, Suite 140
Turlock, California 95380

With courtesy copies to: City of Turlock, City Attorney’s Office Attn: Katie O. Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456

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If to Professional: Goldfarb & Lipman
Attn: Karen M. Tiedemann, Partner
1300 Clay Street, Eleventh Floor
Oakland, CA 94612

33. CITY CONTRACT ADMINISTRATOR:

City’s contract administrator and contact person for this Agreement is:

Jennifer Figueroa, Housing Program Manager
156 S. Broadway, Suite 140
Turlock, CA 95380
Telephone: (209) 668-5610 ext. 2236
E-mail: [email protected]

34. INTERPRETATION:

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

35. USE OF CITY PROJECT NUMBER:
{Intentionally Omitted}

36. MODIFICATION:

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

37. 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.

38. ASSIGNMENT:

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

39. AUTHORITY:

All Parties to thi s 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 suc h entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully Contract Packet - 13 of 24
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complied with. Further, by entering into this Agreement, neither Party hereto shall hav e 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.

40. DRAFTING AND AMBIGUITIES:

Each Party acknowledges that it has reviewed this Agreement with it s own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

41. GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the laws of the state of California.

42. VENUE:

Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

43. SEVERABILITY:

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

44. EXECUTION AND COUNTERPARTS:

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

45. AUDIT:

City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.

46. ENTIRE AGREEMENT:

This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.

47. SUPERSEDES PRIOR AGREEMENT:

It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

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

49. SUCCESSORS AND ASSIGNS:

All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

50. HEADINGS:

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

51. ATTORNEY'S FEES AND COSTS:

If any action at law or in equity not resolved pursuant to "ARBITRATION OF DISPUTES" of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

52. NECESSARY ACTS AND FURTHER ASSURANCES:

The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

53. TIME IS OF THE ESSENCE:

Time is of the essence in this Agreement for each covenant and term of a condition herein.

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.

GOLDFARB & LIPMAN, LLP CITY OF TURLOCK, a California municipal corporation **signature_149168**

SIGNATURE
**name_149168**

FULL NAME
**role_149168**
TITLE
**date_signed_149168**

DATE SIGNED

**signature_149176**

SIGNATURE
**name_149176**

FULL NAME
**role_149176**
TITLE
**date_signed_149176**

DATE SIGNED

APPROVED AS TO SUFFICIENCY:
**signature_149173**

SIGNATURE
**name_149173**

FULL NAME
**role_149173**
TITLE
**date_signed_149173**

DATE SIGNED

APPROVED AS TO FORM:
**signature_149177**

SIGNATURE
**name_149177**

FULL NAME
**role_149177**
TITLE
**date_signed_149177**

DATE SIGNED

ATTEST:

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Karen M. Tiedemann
Partner
Isaac Moreno
Finance Director

**signature_149174**

SIGNATURE
**name_149174**

FULL NAME
**role_149174**
TITLE
**date_signed_149174**

DATE SIGNED

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Exhibits List
A - Engagement Letter - City of Turlock(4206300.1)
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Exhibit A
Engagement Letter - City of Turlock(4206300.1)
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April 13, 2026

via e-mail and u.s. mail
Jennifer Figueroa
City of Turlock
156 S Broadway
Turlock, CA 95380

Re: Engagement Letter for Legal Services
Dear Ms. Figueroa:

Goldfarb & Lipman LLP would be pleased to provide legal services to the City of Turlock (the "Client") with respect to its housing programs. Our services would include review of existing loan documents for housing developments, including loan documents for CDBG, HOME and other state and federal funding programs and assistance with other housing transactional matters. Goldfarb & Lipman will take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. This Agreement does not cover litigation services of any kind, whether in court, arbitration, administrative hearings, or government agency hearings. A separate written agreement for these services or services in any other matter not described above will be required.

We would provide our services at your direction. I will be the Goldfarb & Lipman attorney with primary responsibility for our representation in this matter and will bill at the rate of $385 per hour. The cost for our services will not exceed $100,000 without prior written consent from the Client. Our goal is to provide you with quality legal services, on schedule and at a reasonable cost. To that end, I may draw on the services of my colleagues as needed to provide the most cost effective services. Using our professional judgment, we will endeavor to assign work on your behalf to those attorneys and other personnel that we deem appropriate under the circumstances.

Our fees will be billed on an hourly basis at the rates set forth in the attached Rate Schedule, and payable monthly based on the number of hours expended on the project.

Our billing rates for this matter reflect our standard rate for legal advice and representation for public agency and nonprofit clients as of January 2023 and are subject to the increases described in Goldfarb & Lipman's billing policies. Our hourly rates are adjusted from time to time and may change during the course of our engagement upon 60 days prior written notice to you. If you choose not to consent to the increased rates, you may terminate our services by written notice effective when received by us.

The time charged will include, but is not limited to, the time spent on telephone calls, emails and other electronic communications relating to Client's matter, including calls and emails with Client and other parties and attorneys. The legal personnel assigned to Contract Packet - 20 of 24
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Client's matter may confer among themselves about the matter, as required and appropriate.

When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting or other proceeding, each will charge for the time spent. We will charge for waiting time and for travel time, both local and out of town, unless otherwise specified.

Goldfarb & Lipman may withdraw with Client's consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which we may withdraw are: (a) with the consent of Client; (b) Client's conduct renders it unreasonably difficult for the firm to carry out the employment effectively; and/or (c) Client fails to pay fees or costs as required by this Agreement. Notwithstanding the discharge, Client will remain obligated to pay Goldfarb & Lipman at the agreed rates for all services provided and to reimburse for all costs advanced.

Nothing in this Agreement and nothing in our statements to Client will be construed as a promise or guarantee about the outcome of the matter. Goldfarb & Lipman makes no such promises or guarantees. Goldfarb & Lipman's comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. Any estimate of fees given by Goldfarb & Lipman is not a representation of a flat fee and will not be a limitation on fees or a guarantee that fees and costs will not exceed the amount of the deposit or estimate. Actual fees may vary significantly from estimates given.

This letter constitutes the written fee agreement between you and Goldfarb & Lipman with respect to these services.

Please call me if you have any questions or concerns about this proposal. If the arrangement described in this letter is satisfactory, please sign the engagement letter in the space provided and return a copy to us.

We appreciate the opportunity to assist you in this matter.

Very truly yours,

KAREN M. TIEDEMANN
Contract Packet - 21 of 24
Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

April 13, 2026

2251\02\4206300.1

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF

MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT.

ACCEPTED AND AGREED:

City of Turlock

By: ______________________________
Name: ______________________________
Its: ______________________________

Contract Packet - 22 of 24
Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

2251\02\4206300.1

Goldfarb & Lipman LLP
Rate Schedule

Partner $370-$385
Of Counsel $365-$385
Associate $265-$365
Senior Law Clerk $250
Law Clerk $220
Project Coordinator $220

Contract Packet - 23 of 24
Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

2251\02\4206300.1

GOLDFARB & LIPMAN LLP

LEGAL REPRESENTATION POLICIES AND PROCEDURES

Dear Client:

Experience has shown that the attorney-client relationship works best when there is a mutual understanding about fees and payment terms. Accordingly, this letter is intended to briefly explain our billing policies and procedures. We encourage you to discuss with us any questions you may have concerning these policies and procedures.

To determine the value of our services, we require each of our lawyers and legal assistants to maintain time records for each client and matter. The time records are reviewed monthly by the responsible billing attorney. Our billing rates for services rendered for partners, associates, and for paralegals are attached. Our hourly rates are adjusted from time-to-time (generally once a year) and may change during the course of our engagement upon 60 days prior written notice to you.

It is our policy to serve you with the most effective support systems available. Therefore, in addition to our fees for legal services, we may also charge the actual costs for messengers, delivery other than by US postal service, reproduction, court costs, third party document management, and other costs and expenses incurred on your behalf that are reasonably necessary for our representation of you.

Our billing statements are due and payable upon receipt. Clients whose statements are not paid within 30 days of the statement date may be assessed a late charge on the unpaid balance at the rate of one-and-a-half percent per month.

We carry professional liability insurance above the limits required by law.

It is our policy to retain and ultimately destroy all files, documents, records, and writings relating to each engagement for which we have been retained without notifying clients or former clients of the destruction of these items. At the termination of services and conclusion of a matter covered by this agreement, we will release promptly upon your request all of your client papers and property, subject to any protective order, state statute, or nondisclosure agreement. After seven years have passed since the conclusion of such matter, we may dispose of your client papers and property. If you wish to have us retain your papers and property beyond seven years after the conclusion of such matter, you must make separate written arrangements with us. Client papers and property include: electronic and hard copy versions of any correspondence, pleadings, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence, and other items reasonably necessary to the client’s representation, whether the client has paid for them or not.

In closing, let us assure you that it has always been and will continue to be our goal to provide legal services to you on the most efficient and cost effective bases possible. If you have any questions or comments regarding our billing policies, please feel free to contact us. Thank you for your continued cooperation.

Very truly yours,

GOLDFARB & LIPMAN LLP
Contract Packet - 24 of 24
Docusign Envelope ID: D332D130-71B7-82BC-826E-802D0A44A3EF

City Council Staff Report
July 28, 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)

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 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

Agenda Staff Report
7/28/2026

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.

6. ATTACHMENTS:

1. Emergency Declaration

City Council Staff Report
July 28, 2026

From: Christopher Fisher, Municipal Services Director
Prepared by: Charlotte Calvario, Engineering Project Coordinator Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement with RNR Paving, Inc., of Hayward, California in the amount of $474,102.90 and authorizing a construction contingency amount of $47,410.29 (10%), for City Project No. 25-020 “Fire Station No. 33 Site Improvements.”

Resolution: Appropriate $50,000 to account number 112-10-116.51270 “Construction Project” to be funded from Fund 112 “GF Reserve for Capital Purchases” unallocated reserves and determine the award of bid for construction of City Project No. 25-020 “Fire Station No. 33 Site Improvements” is exempt from the provisions of CEQA in accordance with Section 15302 of the CEQA Guidelines.

2. NARRATIVE:

The pavement and site improvements at Fire Station No. 33 have deteriorated over time due to age, heavy vehicle traffic, and continual use by emergency response apparatus. The existing asphalt pavement has exceeded its useful service life, portions of the site experience drainage deficiencies, and the existing concrete driveways along Monte Vista Avenue and Radcliff Way have sustained significant wear from repeated heavy loading. In addition, the current vehicle gate configuration limits efficient ingress and egress for fire apparatus accessing the rear apparatus bay. To address these deficiencies and improve long-term functionality, the City has identified the need for comprehensive site improvements that enhance pavement performance, improve drainage, and support uninterrupted emergency response operations.

The project will improve the overall safety and functionality of Fire Station No. 33 by rehabilitating pavement, correcting site drainage, replacing the deteriorated concrete driveways on Monte Vista Avenue and Radcliff Way, relocating the vehicle access gate to improve fire apparatus circulation, and constructing a new concrete drive approach connecting the relocated gate to the rear apparatus bay. The concrete pavement section at the rear apparatus bay is designed to better withstand the heavy loading associated with emergency vehicles, providing a durable, long-term pavement solution while reducing future maintenance needs. Other improvements include utility adjustments, accessible pedestrian ramps, relocation of an existing above ground fuel tank, and associated landscape and irrigation repairs necessary to complete the project.

The project is funded in part through the City's allocation of American Rescue Plan Act (ARPA) funds. Awarding the construction contract at this time will allow the City to utilize these funds in a timely manner while addressing critical infrastructure needs at Fire Station No. 33 and improving the reliability and operational efficiency of this essential public safety facility.

Agenda Staff Report
7/28/2026

City staff advertised this project on June 25th, 2026 on the City’s e-procurement website, OpenGov, and in the Turlock Journal. On July 21st, 2026, four (4) bid proposals were received for City Project No. 25-020 “Fire Station No. 33 Site Improvments.” RNR Paving Inc., of Hayward, California, was the lowest responsible bidder with a base bid amount of $474,102.90.

The base bid includes a reinforced concrete pavement drive aisle at the rear of the station between the driveway on Radcliff Way and the apparatus bay, with asphalt concrete pavement surrounding it. The project bid documents included an additive bid alternate option which, if accepted, would result in the rear area consisting entirely of reinforced concrete pavement. The basis for award of the bid is the lowest base bid amount, regardless of the combined cost with the alternate pricing included.

Bid Summary:

Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with RNR Paving Inc., of Hayward, California as the lowest responsive, responsible bidder with a base bid amount of $474,102.90. Due to budgetary constraints and the difference in cost between the base bid and the additive alternate amount, staff wish to reject the additive bid option.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

Agenda Staff Report
7/28/2026

The breakdown of project costs by fiscal year is as follows:

Identified funding for the project in fiscal year 2026-27 is located in the following general ledger accounts:

Due to estimated project costs totaling $659,105.05 and available funding in the amount of $610,000, additional funds are needed to be provided to complete funding for the project. Staff requests an appropriation in the amount of $50,000 from Fund 112 "GF Reserve for Capital Purchases" account number 112-10-116.51270.

Agenda Staff Report
7/28/2026

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 improvements only.

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 improvements are necessary to fully address concerns at Fire Station No. 33.

C. Council could approve the Agreement with RNR Paving Inc. 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.

6. ATTACHMENTS:

1. Draft Resolution

2. Bidder's Summary - Base Bid

3. Agreement CC 2027-041 with RNR Paving Inc

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

RESOLUTION NO. 2026-XXX

WHEREAS, City Project No. 25-020 “Fire Station No. 33 Site Improvements” includes demolition and replacement of existing site improvements, pavement rehabilitation, concrete improvements, drainage improvements, utility adjustments, and construction of new site improvements to enhance accessibility, safety, and functionality at Fire Station No. 33; and

WHEREAS, the scope of work includes asphalt paving, sidewalks, curb ramps, curb and gutter, fencing, site drainage facilities, utility adjustments, restriping, and associated landscape and irrigation repairs necessary to complete the project; and

WHEREAS, the estimated project costs are $659,105.05 and there exists a funding shortfall in the amount of $49,105.05.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby appropriate $50,000 to account number 112-10-116.51270 “Construction Project” to be funded from Fund 112 “GF Reserve for Capital Purchases” unallocated reserves and determine the award of bid for construction of City Project No. 25-020 “Fire Station No. 33 Site Improvements” is exempt from the provisions of CEQA in accordance with Section 15302 of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 28th day of July, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:

__________________________
Nichole Fiez, City Clerk,

IN THE MATTER OF APPROPRIATING
$50,000 TO ACCOUNT NUMBER 112-10-
116.51270 “CONSTRUCTION PROJECT”
TO BE FUNDED FROM FUND 112 “GF
RESERVE FOR CAPITAL PURCHASES”

UNALLOCATED RESERVES AND

DETERMINING THE AWARD OF BID FOR
CONSTRUCTION OF CITY PROJECT NO.
25-020 “FIRE STATION NO. 33 SITE
IMPROVEMENTS” IS EXEMPT FROM THE

PROVISIONS OF CEQA IN ACCORDANCE
WITH SECTION 15302 OF THE CEQA

GUIDELINES
}
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}

Resolution No. 2025-

City of Turlock, County of Stanislaus,
State of California

City of Turlock, CA
Municipal Services-Engineering
Chris Fisher, Director
156 So. Broadway, Turlock, CA 95380

EVALUATION TABULATION
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements
RESPONSE DEADLINE: July 21, 2026 at 10:00 am
Report Generated: Tuesday, July 21, 2026

SELECTED VENDOR TOTALS
Vendor Total
Anagha Solutions Inc $0.00
RNR PAVING INC $474,102.90
Taylor Backhoe Service,
Inc.
$517,654.79
Ace-High Engineering $539,550.00
United Pavement
Maintenance, Inc
$612,955.87

BASE BID
Base Bid Ace-High Engineering Anagha Solutions Inc RNR PAVING INC Taylor Backhoe Service, Inc.

United Pavement
Maintenance, Inc
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 1 Mobilization
and
Demobilization
1 LS $12,000.00 $12,000.00 $25,391.00 $25,391.00 $30,500.00 $30,500.00 $10,000.00 $10,000.00 X 2 Erosion
Control
1 LS $2,500.00 $2,500.00 $1,500.00 $1,500.00 $4,270.00 $4,270.00 $4,490.00 $4,490.00

EVALUATION TABULATION
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

EVALUATION TABULATION
Invitation For Bid - Fire Station No. 33 Site Improvements

Base Bid Ace-High Engineering Anagha Solutions Inc RNR PAVING INC Taylor Backhoe Service, Inc.

United Pavement
Maintenance, Inc
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 3 Traffic Control
(PMP)
1 LS $3,000.00 $3,000.00 $4,850.00 $4,850.00 $6,100.00 $6,100.00 $5,536.00 $5,536.00 X 4 Remove and
dispose
existing
improvements
1 LS $30,000.00 $30,000.00 $43,616.00 $43,616.00 $37,732.16 $37,732.16 $81,884.00 $81,884.00 X 5 Remove and
relocate
existing access
slide gate,
gate motor,
and gate card
reader pad
1 LS $10,000.00 $10,000.00 $33,440.00 $33,440.00 $36,844.00 $36,844.00 $29,160.00 $29,160.00 X 6 Wood fence
and decorative
columns
1 LS $1,622.00 $1,622.00 $4,247.00 $4,247.00 $18,300.00 $18,300.00 $17,068.00 $17,068.00 X 7 Remove and
relocate
existing fueling
station, 2"
electrical
conduit with
connections,
electrical pull
box
1 LS $20,000.00 $20,000.00 $5,000.00 $5,000.00 $28,426.00 $28,426.00 $24,983.00 $24,983.00 X 8 Earthwork and
Grading
1 LS $27,000.00 $27,000.00 $34,186.00 $34,186.00 $49,278.24 $49,278.24 $41,781.00 $41,781.00 X 9 36" French
Drain (HDPE)
55 LF $550.00 $30,250.00 $1,108.34 $60,958.70 $680.00 $37,400.00 $1,231.00 $67,705.00

EVALUATION TABULATION
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

EVALUATION TABULATION
Invitation For Bid - Fire Station No. 33 Site Improvements

Base Bid Ace-High Engineering Anagha Solutions Inc RNR PAVING INC Taylor Backhoe Service, Inc.

United Pavement
Maintenance, Inc
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 10 3" Under Drain
Pipe (DIP)
87 LF $95.00 $8,265.00 $229.00 $19,923.00 $250.94 $21,831.78 $288.84 $25,129.08 X 11 Manhole 1 EA $16,000.00 $16,000.00 $10,000.00 $10,000.00 $15,663.58 $15,663.58 $14,184.00 $14,184.00 X 12 Manhole With
Grate
1 EA $18,550.00 $18,550.00 $12,000.00 $12,000.00 $17,685.73 $17,685.73 $17,370.00 $17,370.00 X 13 Minor
Concrete
(Commercial
Driveway)
1760 SF $36.00 $63,360.00 $23.70 $41,712.00 $19.24 $33,862.40 $37.61 $66,193.60 X 14 Minor
Concrete
(Sidewalk)
695 SF $39.00 $27,105.00 $12.90 $8,965.50 $13.08 $9,090.60 $15.58 $10,828.10 X 15 Access Ramp
(Added labor
and detectable
warning)
4 EA $10,800.00 $43,200.00 $550.00 $2,200.00 $4,555.18 $18,220.72 $939.00 $3,756.00 X 16 Minor
Concrete
(Drive Aisle)
3511 SF $37.00 $129,907.00 $23.70 $83,210.70 $17.99 $63,162.89 $29.34 $103,012.74 X 17 Minor
Concrete
(Curb and
Gutter)
15 LF $312.00 $4,680.00 $88.80 $1,332.00 $226.92 $3,403.80 $158.62 $2,379.30 X 18 Minor
Concrete
(MOW strip)
21 LF $328.00 $6,888.00 $25.00 $525.00 $160.36 $3,367.56 $102.95 $2,161.95

EVALUATION TABULATION
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

EVALUATION TABULATION
Invitation For Bid - Fire Station No. 33 Site Improvements

Base Bid Ace-High Engineering Anagha Solutions Inc RNR PAVING INC Taylor Backhoe Service, Inc.

United Pavement
Maintenance, Inc
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 19 Minor
Concrete
(Fueling
Station Pad)
72 SF $129.00 $9,288.00 $84.60 $6,091.20 $52.23 $3,760.56 $211.37 $15,218.64 X 20 Bollards 7 EA $1,750.00 $12,250.00 $850.00 $5,950.00 $1,431.26 $10,018.82 $1,715.00 $12,005.00 X 21 Aggregate
Base
209 TON $165.00 $34,485.00 $121.00 $25,289.00 $99.31 $20,755.79 $98.00 $20,482.00 X 22 Hot Mix
Asphalt
146 TON $200.00 $29,200.00 $282.30 $41,215.80 $265.96 $38,830.16 $230.76 $33,690.96 X 23 All other work
not included in
other bid
items
1 LS $0.00 $0.00 $2,500.00 $2,500.00 $9,150.00 $9,150.00 $3,937.50 $3,937.50 Total $539,550.00 $0.00 $474,102.90 $517,654.79 $612,955.87

ADDITIVE BID ALTERNATE "A"
Additive Bid Alternate "A" Ace-High Engineering Anagha Solutions Inc RNR PAVING INC Taylor Backhoe Service, Inc.

United Pavement
Maintenance, Inc
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 24 Hot Mix
Asphalt
8 TON $200.00 $1,600.00 $3,015.00 $24,120.00 $1,371.28 $10,970.24 $1,566.53 $12,532.24 25 Minor
Concrete
(Drive
Aisle)
9013 SF $14.00 $126,182.00 $23.70 $213,608.10 $18.93 $170,616.09 $24.50 $220,818.50

EVALUATION TABULATION
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

EVALUATION TABULATION
Invitation For Bid - Fire Station No. 33 Site Improvements

Additive Bid Alternate "A" Ace-High Engineering Anagha Solutions Inc RNR PAVING INC Taylor Backhoe Service, Inc.

United Pavement
Maintenance, Inc
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 26 Earthwork
and
Grading
1 LS $6,400.00 $6,400.00 $59,878.00 $59,878.00 $52,201.36 $52,201.36 $41,781.00 $41,781.00 Total $0.00 $0.00 $0.00 $0.00 $0.00

CITY CONTRACT NO. 2027-041 1
CITY PROJECT NO. 25-020
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT

City Project No. 25-020
Fire Station No. 33 Site Improvements
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and RNR PAVING INC, a California corporation, (“Contractor”), on Tuesday, July 28, 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 Fire Station No. 33 Site 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 28, 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: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

CITY CONTRACT NO. 2027-041 2
CITY PROJECT NO. 25-020
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 Fire Station No. 33 Site 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 Contract Packet - 2 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

CITY CONTRACT NO. 2027-041 3
CITY PROJECT NO. 25-020
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 Fire Station No. 33 Site 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 Four Hundred Seventy Four Thousand One Hundred Two and 90/100ths Dollars ($474,102.90) (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 Forty-Five (45) 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 Fifty (50) 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 Contract Packet - 5 of 52
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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 Two Thousand Five Hundred and No/100ths Dollars ($2,500.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Thousand and No/100ths Dollars ($1,000.00) 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 Contract Packet - 6 of 52
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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, Contract Packet - 7 of 52
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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 Contract Packet - 8 of 52
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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 Contract Packet - 9 of 52
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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 Contract Packet - 10 of 52
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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 Contract Packet - 11 of 52
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California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. INDEMNIFICATION

17.1. INDEMNITY FOR PROFESSIONAL LIABILITY
When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others.

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

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

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

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

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

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

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

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

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

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

18.4. CONTRACTORS POLLUTION INSURANCE
Pollution Coverage shall be maintained on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All Contract Packet - 13 of 52
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CITY CONTRACT NO. 2027-041 14
CITY PROJECT NO. 25-020
Rev. 08/2025
activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees, and volunteers as insureds.

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

18.6. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

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

18.8. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by CONTRACTOR'S INSURANCE. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.

18.9. WAIVER OF SUBROGATION
With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.

18.10. SUBCONTRACTORS
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.

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CITY CONTRACT NO. 2027-041 15
CITY PROJECT NO. 25-020
Rev. 08/2025

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

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

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

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

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

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

B. Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

21. INDEPENDENT CONTRACTOR
At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the 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.

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CITY CONTRACT NO. 2027-041 16
CITY PROJECT NO. 25-020
Rev. 08/2025

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

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

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

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

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

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

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

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

C. The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.

D. These additional rules shall be implemented and applied by the arbitrator.

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.

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CITY CONTRACT NO. 2027-041 17
CITY PROJECT NO. 25-020
Rev. 08/2025
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: RNR PAVING INC
Attn: RNR Paving Inc, [email protected]
PO Box 3995
Hayward, CA 94583

If to Contractor’s Sureties: To be
added to
contract record

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

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CITY CONTRACT NO. 2027-041 18
CITY PROJECT NO. 25-020
Rev. 08/2025
Charlotte Calvario, Capital Projects Coordinator
City of Turlock Engineering Division
156 S Broadway
Turlock, CA 95380
Telephone: (209) 668-6029
E-mail: [email protected]

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

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

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

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

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

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

33. WAIVER
No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition Contract Packet - 18 of 52
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CITY CONTRACT NO. 2027-041 19
CITY PROJECT NO. 25-020
Rev. 08/2025
shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

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

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

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

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

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

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

41. ATTORNEY'S FEES AND COSTS
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CITY CONTRACT NO. 2027-041 20
CITY PROJECT NO. 25-020
Rev. 08/2025
Except as expressly provided for in ARBITRATION OF DISPUTES of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

42. NECESSARY ACTS AND FURTHER ASSURANCES
The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.

43. REQUIRED FEDERAL LANGUAGE
Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations. Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

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);
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CITY CONTRACT NO. 2027-041 21
CITY PROJECT NO. 25-020
Rev. 08/2025
• 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.

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.

RNR Paving Inc, a California Corporation CITY OF TURLOCK, a municipal corporation **signature_151917**

SIGNATURE
**name_151917**

FULL NAME
**role_151917**
TITLE
**text_151917_b4473521**

ADDRESS
**text_151917_196c7bbe**
PHONE
**date_signed_151917**

DATE SIGNED

**signature_151920**

SIGNATURE
**name_151920**

FULL NAME
**role_151920**
TITLE
**date_signed_151920**

DATE SIGNED

APPROVED AS TO SUFFICIENCY:
**signature_151918**

SIGNATURE
**name_151918**

FULL NAME
**role_151918**
TITLE
**date_signed_151918**

DATE SIGNED

**signature_151913**

SIGNATURE
**name_151913**

FULL NAME
**role_151913**
TITLE
**date_signed_151913**

DATE SIGNED

APPROVED AS TO FORM:

Contract Packet - 22 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79 Secretary
925 718-5170
7/21/2026
PO Box 3995 Hayward CA 94583
Maria Nanez
RCE, PLS, City Engineer
William D. Morris

**signature_151923**

SIGNATURE
**name_151923**

FULL NAME
**role_151923**
TITLE
**date_signed_151923**

DATE SIGNED

ATTEST:
**signature_151914**

SIGNATURE
**name_151914**

FULL NAME
**role_151914**
TITLE
**date_signed_151914**

DATE SIGNED

Contract Packet - 23 of 52
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Exhibits List
A - EXHIBIT_A CONTRACTO'S _PROPOSAL_FOR_SERVICES

B - EXHIBIT B PAYMENT BY FORCE ACCOUNT
C - EXHIBIT C WORKERS’ COMPENSATION INSURANCE CERTIFICATION D - EXHIBIT_D_PERFORMANCE_BOND
E - EXHIBIT_E_PAYMENT_BOND
Contract Packet - 24 of 52
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Exhibit A
EXHIBIT_A CONTRACTO'S
_PROPOSAL_FOR_SERVICES
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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

City of Turlock, CA
Municipal Services-Engineering
Chris Fisher, Director
156 So. Broadway, Turlock, CA 95380

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements
RESPONSE DEADLINE: July 21, 2026 at 10:00 am
Report Generated: Tuesday, July 21, 2026

RNR PAVING INC Response

CONTACT INFORMATION
Company:

RNR PAVING INC
Email:
[email protected]
Contact:

Maria Nanez
Address:

PO BOX 3995
Hayward, CA 94583
Phone:
(925) 718-5170
Website:
https://www.rnrpaving.com
Submission Date:

Jul 21, 2026 9:31 AM (Pacific Time)
Contract Packet - 26 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 20, 2026 11:56 AM by Maria Nanez
Addendum #2
Confirmed Jul 20, 2026 11:56 AM by Maria Nanez

QUESTIONNAIRE

1. Proposal*
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
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[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

2. Request for Substitutions*
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. Enter the bidders' CSLB License No.*
985669

4. CSLB license confirmation*
The CSLB information provided is true and is provided as per Section 7028.15 of the Business and Professions Code and is made herein under penalty of perjury.

Confirmed

5. Enter the bidders' DIR Registration number:*
PW-LR-1000515384

6. Important Notice*
If the proposal is accepted and the undersigned shall fail to contract as aforesaid and fail to file with the City insurance certificates as required by said contract, within fourteen (14) days after the bidder has received notice from the City Engineer or his representative of the City of Turlock that the contract has been awarded to bidder and is ready for signature, the City of Turlock may, at its option, determine that the bidder has abandoned his contract, and thereupon this proposal and the acceptance thereof shall be null and void.

Confirmed

7. Affidavit*
Please download the below documents, complete, and upload.

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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

• AFFIDAVIT.pdf
AFFIDAVIT-TURLOCK-SIGNED.pdf

8. INFORMATION REQUIRED OF BIDDER
NUMBER OF YEARS’ EXPERIENCE AS A CONTRACTOR IN CONSTRUCTION WORK OR INSTALLATION WORK SIMILAR TO THAT REQUIRED IN THESE SPECIFICATIONS.*
12 Years
NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Roberto Nanez
DATE OF INSPECTION*
07/18/2026

9. 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.* KENNNEDY PARK INPROVEMENT PHASE 1
REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* PAVING, ASPHALT , SEALCOAT, STRIPING , CONCRETE.

REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* CITY OF UNION CITY -34009 ALVARADO -NILES ROAD UNION CITY CA 94587 Contract Packet - 29 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?*

TRIEU TRAN
REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
Contract Amount$271,923.00 Final Contract Including Change Orders:$297,553.78 REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #1: DATE OF PROJECT COMPLETION
06/08/2026
REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

N/A
REFERENCE #2: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

DMV-FREMONT FIELD
REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

BOLLARS, CONCRETE, ASPHALT, CRACKSEALERS, STRIPING.

REFERENCE #2: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

DMV- 2415 FIRST AVE. MS-E112 SACRAMENTO CA 95818 PHONE:916-818-2855 REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?

JULIE PHANG
Contract Packet - 30 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

Contract Amount$190,000.00 Final Contract Including Change Orders:$195,094.00 REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #2: DATE OF PROJECT COMPLETION
06/30/2025
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

N/A
REFERENCE #3: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

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

DEMO, ASPHALT, BASE ROCK, DIRT GRADING, CONCRETE, VAPOR BARIIER.

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

FAIRVIEW FIRE PROTECTION DISTRICT 25862 FIRE CANYON PKWY. CASTRO VALLEY CA 94552 PHONE: 510-583-4930 REFERENCE #3: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?

MELISSA DIMIC
REFERENCE #3: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

Contract Packet - 31 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

$274,714.00
REFERENCE #3: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #3: DATE OF PROJECT COMPLETION
11/06/2025
REFERENCE #3: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

N/A
REFERENCE #4: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

PW-01-26-26 VETERANS MEMORIAL BUILDING -ADA PARKING.

REFERENCE #4: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

MOBILIZATION, CONCRETE WALL, SIDEWALK,ASPHALT, CURB RAMP, POST SIGNS AND PARKING METER RELOCATE.

REFERENCE #4: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

CITY OF ALAMEDA -PUBLIC WORK DEPARMENT-950 WEST MALL SQUARE ROOM 110 ALAMEDA CA 94501 -- PHONE: 747-7930 REFERENCE #4: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?

ALAN VIET TA-PROJECT MANAGER
REFERENCE #4: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

CONTRACT AMOUNT $ 39,336.00 Final Contract Including Change Orders:$43,270.00 Contract Packet - 32 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

REFERENCE #4: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #4: DATE OF PROJECT COMPLETION
04/10/2026
REFERENCE #4: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

N/A

10. BOND INFORMATION
You can enter your Bid Bond information in the Surety2000 question below.

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

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

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
Yes
BIDDER'S BOND - SURETY2000*
Contract Packet - 33 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

Please enter your Bid Bond information from Surety2000 below.

Bond ID: SCA0720915067
Vendor ID: 23293

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

PRICE TABLES

BASE BID
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization and Demobilization 1 LS $25,391.00 $25,391.00 2 Erosion Control 1 LS $1,500.00 $1,500.00
3 Traffic Control (PMP) 1 LS $4,850.00 $4,850.00
4 Remove and dispose existing improvements 1 LS $43,616.00 $43,616.00 5 Remove and relocate existing access slide gate, gate motor, and gate card reader pad
1 LS $33,440.00 $33,440.00
Contract Packet - 34 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

Line Item Description Quantity Unit of
Measure
Unit Cost Total
6 Wood fence and decorative columns 1 LS $4,247.00 $4,247.00 7 Remove and relocate existing fueling station, 2" electrical conduit with connections, electrical pull box
1 LS $5,000.00 $5,000.00
8 Earthwork and Grading 1 LS $34,186.00 $34,186.00
9 36" French Drain (HDPE) 55 LF $1,108.34 $60,958.70
10 3" Under Drain Pipe (DIP) 87 LF $229.00 $19,923.00
11 Manhole 1 EA $10,000.00 $10,000.00
12 Manhole With Grate 1 EA $12,000.00 $12,000.00
13 Minor Concrete (Commercial Driveway) 1,760 SF $23.70 $41,712.00 14 Minor Concrete (Sidewalk) 695 SF $12.90 $8,965.50
15 Access Ramp (Added labor and detectable warning) 4 EA $550.00 $2,200.00 16 Minor Concrete (Drive Aisle) 3,511 SF $23.70 $83,210.70 17 Minor Concrete (Curb and Gutter) 15 LF $88.80 $1,332.00 18 Minor Concrete (MOW strip) 21 LF $25.00 $525.00
19 Minor Concrete (Fueling Station Pad) 72 SF $84.60 $6,091.20 20 Bollards 7 EA $850.00 $5,950.00
21 Aggregate Base 209 TON $121.00 $25,289.00
Contract Packet - 35 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. 25-020
Fire Station No. 33 Site Improvements

[RNR PAVING INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Fire Station No. 33 Site Improvements

Line Item Description Quantity Unit of
Measure
Unit Cost Total
22 Hot Mix Asphalt 146 TON $282.30 $41,215.80
23 All other work not included in other bid items 1 LS $2,500.00 $2,500.00 TOTAL $474,102.90

ADDITIVE BID ALTERNATE "A"
Line Item Description Quantity Unit of
Measure
Unit Cost Total
24 Hot Mix Asphalt 8 TON $3,015.00 $24,120.00
25 Minor Concrete (Drive Aisle) 9,013 SF $23.70 $213,608.10 26 Earthwork and Grading 1 LS $59,878.00 $59,878.00
TOTAL $297,606.10

Contract Packet - 36 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

Contract Packet - 37 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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

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

NAM

E LICENSE NUMBER DIR NUMBER ADDRESS WORK ITEMS TO BE
PERFORMED AND % OF ITEM
__________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Contract Packet - 38 of 52
RNR PAVING INC.

PW-LR-1000515384
Golden Bay Fence Plus Iron Works Inc. License#664905 DIR#1000000720 Address #4104 B. St. Stockton CA 95207 Item:#5 = 5%
MUDSLINGER -Concrete Pumping- DIR#2000007588
Address #1306 Granite Lane Modesto CA 95351-1120 Item #16=1.4% Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

Exhibit B

EXHIBIT B PAYMENT BY FORCE ACCOUNT
Contract Packet - 39 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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 accept ed at an additional 2 percent (2%) markup to the total cost of that work , including markups , as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work- character changes, City excludes Contractor ’s cost of determining the adjustment. Payment for owner -operated labor and equipment is made at the market -priced invoice submitted.

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

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

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

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized

The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:

(a) Home office overhead
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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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.

Contract Packet - 41 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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 manufacturer - approved 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 est ablish 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
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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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 equipme nt 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
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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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 o n 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.

Contract Packet - 44 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

Exhibit C
EXHIBIT C WORKERS’ COMPENSATION INSURANCE

CERTIFICATION
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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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: ( )

Contract Packet - 46 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

Exhibit D
EXHIBIT_D_PERFORMANCE_BOND
Contract Packet - 47 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

1 EXHIBIT D

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to RNR Paving Inc, hereinafter designated as the “Principal,” a contract for Project No. 25-010, “Fire Station No. 33 Site 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 p erformed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.

The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.

[Signatures on Following Page]
Contract Packet - 48 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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
Contract Packet - 49 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

Exhibit E
EXHIBIT_E_PAYMENT_BOND
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Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

1 EXHIBIT E

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to RNR Paving Inc, hereinafter designated as the “Principal”, a contract for Project No. 25-020, “Fire Station No. 33 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.

[Signatures on Following Page]
Contract Packet - 51 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

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 p arty being hereto affixed and these p resents 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
Contract Packet - 52 of 52
Docusign Envelope ID: 87D31300-5D60-84DD-80CC-F6CEA59FCD79

City Council Staff Report
July 28, 2026

From: Jason Hedden, Police Chief
Prepared by: Amanda Fortado, Support Operations Manager Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Resolution: Accepting an allocation of funds to administer the Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP), in the amount of $246,037, and appropriating said funds to Fund 266 “Police Services Grants”

2. NARRATIVE:

On June 30, 2026, the Turlock Police Department received conditional approval for funding under the California Highway Patrol's Cannabis Tax Fund Grant Program (CTFGP).

Department staff applied for the grant to support a comprehensive traffic safety initiative focused on reducing alcohol and drug impaired driving fatalities and injuries while increasing public awareness of the dangers associated with impaired driving.

The Turlock Police Department continues to address ongoing traffic safety challenges related to impaired driving that affect both residents and visitors throughout the City of Turlock. Although recent enforcement and public education efforts have contributed to modest reductions in overall traffic collisions, impaired driving remains a significant and complex public safety concern requiring continued enforcement and prevention efforts.

As part of the grant application, Department staff proposed a comprehensive impaired driving traffic safety program that integrates targeted enforcement and public education. The City has been conditionally awarded grant funding in the amount of $246,036.35. Grant funds will be used to support impaired driving enforcement operations and to purchase equipment necessary for DUI enforcement activities, including an enforcement motorcycle, a patrol vehicle, and a portable message board.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Appropriation of grant funds in the amount of $246,037 to revenue account number 266-20- 255-367.34178 “State Grant Revenue” and $48,037 to expense account numbers in 266- 20-255-367 for over-time and related benefits and $198,000 to expense account 266-20- 255-367.51020 "Equipment Replacement."

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 “organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

Agenda Staff Report
7/28/2026

5. ALTERNATIVES:

Alternative: Decline to accept the grant due to administrative obligations. This forfeits outside funding in the support of operations intended to further protect the community.

6. ATTACHMENTS:

1. Draft Resolution

2. Grant Attachment

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF ACCEPTING AN } RESOLUTION NO. 2026-
ALLOCATION OF FUNDS TO ADMINISTER }
THE CANNABIS TAX FUND GRANT }
PROGRAM (CTFGP) FROM THE }
CALIFORNIA HIGHWAY PATROL (CHP), IN }
THE AMOUNT OF $246,037, AND }
APPROPRIATING SAID FUNDS TO FUND }
266 “POLICE SERVICES GRANTS” }
}

WHEREAS, on June 30, 2026, the Turlock Police Department received conditional approval for funding under the California Highway Patrol’s Cannabis Tax Fund Grant Program (CTFGP); and

WHEREAS, staff applied for the grant to support a comprehensive traffic safety initiative focused on reducing alcohol and drug impaired driving fatalities and injures while increasing public awareness of the dangers associated with impaired driving; and

WHEREAS, staff proposed a program that integrates targeted enforcement, specialized training and public education using the funding; and

WHEREAS, funds are intended to support this program through impaired driving enforcement operations, as well as through the purchase of equipment necessary for these activities including an enforcement motorcycle, a patrol vehicle and a portable message board.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby accept an allocation of funds to administer the Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP), in the amount of $246,037, and appropriating said funds to Fund 266 “Police Services Grants”

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 28th day of July 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:

___________________________

Resolution No. 2026-

Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

City Council Staff Report
July 28, 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 Bright Development, Inc., conditioned upon construction of improvements for the Verano subdivision Phase 1 (VTSM 2024-02, Development Project No. 25-042), developed by Bright Development, Inc.

2. NARRATIVE:

The Verano subdivision will include subdividing 13.61 acres into 114 residential lots that will range from 3,150 to 5,488 square feet. The Phase 1 will create 49 lots and most of the development improvements. The Verano subdivision is located at 1601 W. Monte Vista Ave and 3201 Four Seasons Dr. (APN 087-012-053 through 087-008-085). The Planning Commission originally approved the vesting tentative subdivision map after holding a public hearing on February 6, 2025. The resolution is attached to this staff report (Attachment “1”).

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 Verano subdivision is a division of an existing parcel into 114 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 Verano 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 Verano subdivision, when executed, will ensure that the development installs the required improvements.

Pursuant to Section 66462 of the Subdivision Map Act, the City Council may require the

Agenda Staff Report
7/28/2026

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, Bright Development, 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 February 11, 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. Planning Commission Resolution 2025-05

2. Subdivision Improvement Agreement with Bright Development, Inc.

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SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

CITY OF TURLOCK

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of July, 2026, by and between the CITY OF TURLOCK, a California municipal corporation, (hereinafter referred to as “ City”), and BRIGHT DEVELOPMENT, INC. , a California corporation (hereinafter referred to as “Developer”).

RECITALS
A. Developer has presented to the City a certain Final Map of a proposed subdivision of land located within the corporate limits of the City, as set forth in Exhibit “A” attached hereto, that has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the City, and the Tentative Subdivision Map of the subdivision previously approved by the City Council of the City.

B. The proposed subdivision of land is commonly known and described as VERANO - PHASE 1, and is herein referred to as the
“Subdivision” or “Project”, and the land may be referred to as the “Property.”
C. Developer has requested approval of the Final Map prior to the construction and completion of the public improvements (as shown on the Plans, as defined below), including, but not limited to streets, highways, public ways, sidewalks, curbs, gutters, bikeways, storm drainage facilities, sanitary sewer facilities, domestic/reclaimed water facilities, public utility facilities, landscaping, public lighting facilities, park or recreational improvements and appurtenances thereto, in or required by the Subdivision Map Act, the subdivision ordinances of the City, and the Tentative Subdivision Map approved by the City. The foregoing improvements are hereinafter referred to as “the required improvements.”
D. Section 11-8-101 of the Turlock Municipal Code requires that, prior to the approval by the City Council of the Final Map, Developer shall No Fee Document Pursuant
To Government Code § 6103
Requested by and return to:

CITY OF TURLOCK
ATTENTION: CITY CLERK
156 SOUTH BROADWAY, SUITE 230
TURLOCK, CALIFORNIA 95380-5456

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execute an improvement agreement with the City to ensure the construction of the required improvements.

NOW, THEREFORE, the parties agree as follows:

1. Recitals. The foregoing recitals are true an d correct and are incorporated herein by this reference.

2. Performance of Work. Developer agrees to furnish, construct, and install at its own expense the required improvements as shown on the Plans of the Subdivision, a copy of which is on file in the offic e of the City Engineer and is incorporated herein by reference, along with any changes or modifications as may be reasonably required by the City Engineer or the City Engineer’s designee (hereinafter “City Engineer”) due to errors, omissions, changes in co nditions, or changes in facilities. The Plans of the required improvements may be modified by the Developer as the development progresses, provided that any modification is approved in writing by the City Engineer. The total estimated cost of the required improvements is TWO MILLION TWO HUNDRED SEVENTY-EIGHT THOUSAND AND 00/100ths DOLLARS ($2,278,000.00).

3. Work: Satisfaction of City Engineer . All of the work on the required improvements is to be done at the locations, with the materials, in the manner, and at the grades as shown on the Plans , and as required by the City’s current Standard Specifications and Drawings, applicable City ordinances, and state and federal laws, to the reasonable satisfaction of the City Engineer. The Developer hereby grants access to the development for inspection purposes and agrees to notify the City Engineer in advance of inspections.

4. Injury to Public Improvements, Public Property or Public Utilities Facilities .

Developer shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Developer shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer.

5. Deviation from Stan dards. If Developer deviates from the approved improvement drawings, specifications or standards, or construct s any of the required improvements in such a manner so as to, in the opinion of the City Engineer, endanger the public safety, City may cause the necessary corrections to be made without notice. In the event such deviations do not, in the opinion of the City Engineer, endanger the public safety, the City Engineer may give Developer written notice of such deviations, and Developer shall correct the d eviation in the time prescribed by the City Engineer. In the event of the failure of Developer to make corrections of deviations, whether or not the public safety is affected, City may cause the necessary corrections to be made and shall

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be reimbursed by Developer at cost plus 15%. Said amount shall be paid by Developer prior to the acceptance of the required improvements, or may be deducted from any reimbursement due from City to Developer, or may be obtained from the Performance Bond.

6. Work; Time for Comme ncement and Performance . Developer shall complete, or cause to be completed, the required improvements within twelve (12) months of execution of this Agreement; provided, however, the required improvements shall not be deemed to be completed until accepted in writing by the City . At least fifteen (15) calendar days prior to the commencement of work on the required improvements, the Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement of the work.

The work shall be performed in a safe and good workmanlike manner, in accordance with normal construction standards for similar jobs. All work must comply with State of California, Division of Industrial Safety Construction Orders.

Except during an emergency, as determ ined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 7:00 p.m. (or 9:00 a.m. and 8:00 p.m. on weekends or holidays) per Turlock Municipal Code Section 5-28-110(g).

7. Time of Essence; Extension.
a. Time is of the essence for this Agreement. The date for completion of the required improvements may not be extended, except as provided in this section. b. The City Manager is authorized to extend the time within which the required improvements shall be completed for four (4) additional periods not to exceed six (6) months each, in his or her sole discretion, if the City Manager is of the opinion that granting the extension will not be detrimental to the public health, safety, or welfare, or otherwise delay or adversely impact other Cit y-related projects, infrastructure, improvements, or activities. No such extensions shall be made except upon the basis of a written application made by Developer, stating fully the grounds of the application , the facts giving rise to such request includin g the need for further time, and the requested period of the time extension. In any event, all required improvements must be completed within thirty-six (36) months from the execution of this Agreement. If Developer fails to complete the required improveme nts within said time, City may complete the work and recover the full cost and expense thereof from Developer. c. If the construction of the required improvements is delayed without fault of Developer, the time for completion thereof may be extended by City for such time as the City Engineer may deem reasonable.
d. In the event the City extends the time of completion of the required improvements, such extension may be granted without notice by the City to the Developer’s surety and shall in no way release any gua rantee or security given by the Developer pursuant to this Agreement or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in

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executing the securities shall be deemed to have expressly agreed to any such extension of time.
e. In granting any extension of time, the City may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the required improvements or impose other conditions to protect its interests and ensure the timely completion of the required improvements.

8. Utility Undergrounding and Relocation Costs . Developer shall assume a ll costs for utility and cable television undergrounding and/or relocation which is not the responsibility of the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law.

9. Contract Security. Concurrently with the execution of this Agreement the Developer shall furnish the City with the following improvement security:
a. Performance Bond in the sum of $2,278,000.00, which sum is equal to one hundred percent (100%) of the total estimated cost of constructing the required improvements, as determined by the City Engineer.
b. Labor and Materials Bond in the sum of $1,139,000.00, which sum is equal to fifty percent (50%) of the estimated cost of constructing the required improvements, as determined by the City Engineer, to secure payment to the contractor, subcontractors and to persons furnishing labor, materials, or equipment to them for the construction of the required improvements.
c. Warranty Security in a form determined by the City Engineer and in the sum of $227,800.00, which sum is equal to ten percent (10%) of the total estimated cost of constructing the required improvements , as determined by the City Engineer, to guarantee and warrant the required improvements for a period of one (1) year (the “Warranty Security Period”) following their c ompletion and acceptance against any defective work or labor done, or defective materials furnished. This Warranty Security shall also secure Developer’s obligation to pay all City engineering fees, overhead fees, and City fees incurred during the Warranty Security Period. d. Developer shall post acceptable security to guarantee the payment of the cost of setting the monuments in the Subdivision. The cost of setting the monuments has been determined by the City Engineer to be $5,950.00. Developer shall pay the engineer or surveyor for the cost of setting the monuments within three (3) months from date of notification by the engineer or surveyor that the monuments have been set.

If Developer does not pay the engineer or surveyor within three (3) months from date of notification, the City shall pay the engineer or surveyor from the security and refund the difference, if any, to Developer.
e. The estimated total cost of the required improvements includes a ten percent (10%) construction cost contingency, the cost of t he installation of survey monuments in the Subdivision to guarantee and secure the placement of such

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monuments as provided by Section 66496 of the Government Code of the State of California, and an estimated utility cost in addition to ensure installation of public utilities.

In lieu of providing the estimate of total utility costs, the Developer may submit, in a form acceptable to the City Engineer, certification from the utility companies that adequate security has been deposited to ensure installation.
f. In the event the surety or Developer intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Developer shall post acceptable replacement bonds consistent with the foregoing bonding requirements at least ten (10) days prior to expiration of the original bonds. To the extent, if any, that the actual contract price exceeds the approved engineer’s cost estimate, Developer shall, upon request of the City, cause the amount of the bond(s) to be i ncreased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
g. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California - admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

10. Release of Security. Release of securities shall be as follows:
a. Performance Bond: Security given for faithful performance shall be released after the City has finally accepted the work, and provided that security of at least ten percent (10%) of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1 -year following the date of such acceptance of the work.
b. Labor and Materials Bond: Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with th e City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims. c. Release of Warranty Bond : The security guaranteeing that the completed work remains satisfactory during the required 1-year warranty period shall be released upon correction, by Developer, of any defects in the work existing at the end of the warranty period.
d. Release of Monument Bond: Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.

11. Plan Check and Inspection Fees . The Developer shall pay to the City all fees imposed in connection with the checking, filing, and processing of improvement plans and specifications, and the design, construction, and inspecti on of the required improvements, including City overhead costs. These fees must be paid in full prior to the

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City's acceptance of the required improvements and are covered under the bonds of this Agreement. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Developer from paying such other applicable fees, charges, and/or costs.

12. Facility Fees and Reimbursements . Developer's obligation to pay f ees to fund facilities for sewer, water, or storm drainage or other public facilities which benefit the Subdivision, its obligation to pay fees in lieu of land for parks, and its right to receive reimbursement for the cost of certain facilities constructed as part of the required improvements required for the Subdivision are as set forth in Exhibit “B” attached hereto.

13. Insurance. Developer shall not commence work under this Agreement until Developer has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Developer allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Developer shall procure and maintain for the duration of this Agreement insurance against claims for in juries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Developer, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence o f renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. a. Commercial General Liability Insurance: Developer shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in the amount of no 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. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. b. Workers’ Compensation Insurance : Developer shall maintain workers’ compensation insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident or disease.

Developer shall submit to City, along with the certificat e of insurance a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. c. Commercial Automobile Liability. Developer shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the equivalent, in the amount of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non -owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, age nts, employees, and volunteers are included or named as additional insureds. If Developer owns no vehicles, this requirement may be met through a non -owned auto coverage or an endorsement to the CGL policy.

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d. 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. Th e 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 sufficient to ensure the full replacement value of any property or equipment stored either on or off the project site or in transit. Such insurance shall be on a for m 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.
e. Contractors Pollution Insurance: Not required for this project. f. Professional Liability Insurance: Not required for this project. g. Umbrella or Excess Policy. Developer 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 Umbre lla or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No insurance coverage or policies maintained by the City (“Additional Insured”), whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Developer’s primary and excess liability policies are exhausted. h. Deductibles and Self-Insured Retentions: Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) Developer shall provide a financial guarantee satisfactory to City guaranteeing payment of losse s and related investigations, claim administration and defense expenses.
i. Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Developer, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to Developer’s insurance (a t least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners

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and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims rel ated to this project, Developer’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Developer’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under this Agreement, the insurer, broker/producer, or Developer shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of t he Civil Code.
j. 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 the City has provided prior approval.
k. Verification of Coverage: Developer shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, fa ilure to obtain the required documents prior to the work beginning shall not waive Developer’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
l. Waiver of Subrogation: With the exception of professional liability, Developer hereby agrees to waive subrogation which any insurer of Developer may acquire from Developer by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Developer, its agents, employees, independent contractors and subcontractors. Developer shall provide written proof of waiver of subrogat ion in the Certificate of Insurance. Additionally, Developer agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation. m. Subcontractors: Developer shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
n. Securities: Developer shall provide a Performance Bond or Letter of Credit and a Payment Bond or Letter of Credit.

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14. Indemnity and Hold Harmless : Developer shall protect, indemnify, hold harmless, and defend in any actions of law or in equity, the City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all actions, judgments, penalties, claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description (including, without limitation, liabilities and/ or penalties arising out of the Prevailing Wage laws, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, including reasonable attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), directly or indirectly arising out of or in any way connected with the performance or nonperformance of this Agreement, including the installation of the required improvements by the Developer , its contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the Developer, its contractor or any subcontractor. The indemnification and hold harmless provisions shall extend to claims, losses, damage, injury and liability occurring prior to acceptance of the required improvements by the City, as well as during construction.

Acceptance of insurance certificates by the City required under this Agreement shall not relieve Developer from liability under thi s indemnification and hold harmless provision. The City will not be held liable for any accident, loss or damage to the required improvements prior to their completion and acceptance by the City.

The provisions of this section shall survive termination or suspension of this Agreement.

15. Acceptance of Work. Prior to acceptance of work by the City Engineer, the Developer shall be solely responsible for maintaining the quality of the work, and maintaining the safety of the site. The Developer’s obligation to pe rform the work shall not be satisfied until after the City Engineer has made written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Engineer has recorded a Notice of Completion.

16. Title to Improvements . The City shall not accept any real property to be dedicated or the required improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Standard Specifications and Drawings, to the satisfaction of the City Engineer. Until such time as the required improvements are accepted by the City, Developer shall retain title and shall be responsible for, and bear the ris k of loss to, any of the improvements constructed or installed.

Title to and ownership of any real property to be dedicated and the required improvements constructed under this Agreement by Developer shall vest absolutely in the City upon completion and w ritten acceptance of such improvements by the City Engineer. The City Engineer shall not accept the required improvements unless title to the required improvements is entirely free from liens. Prior to acceptance, Developer shall supply the City with appro priate lien releases, at no cost to and in a form acceptable to the City.

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17. Repair or Reconstruction of Defective Work or Materials. If, within a period of one year after final acceptance by the City of the required improvements, any required improvement o r part of any required improvement furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the s pecifications referred to herein, Developer shall without delay and without any cost to City, repair, replace or reconstruct any defective part or parts of the required improvements. If the Developer fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Developer can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Developer shall pay to City the actual cost of such repairs plus fifteen percent (15%) for administrative costs within thirty (30) days of the date of billing for such work by City.

18. Prevailing Wage . The r equired improvements may be subject to the payment of prevailing wage under California Labor Code Section 1720. In the event that prevailing wage applies and the Developer does not pay prevailing wages for the work performed under this Agreement, Developer shall pay all penalties and wages as required by applicable law and defend, indemnify, and hold harmless the City pursuant to section

14. 19. Developer Not Agent of City . Neither Developer nor any of Developer's agents or contractors are or shall be considered to be a gents of City in connection with the performance of Developer's obligations under this Agreement.

20. Supplying “Record Drawing” Plans . Upon completion of the required improvements and prior to certification of completion, Developer shall supply the City, at no cost to the City, one set of “record” drawings. These drawings shall be certified as being “record drawings” and shall reflect the required improvements as actually constructed, with all changes to the Plans incorporated therein.

21. Notice and Certification of Completion . Developer shall advise the City Engineer in writing of the completion of the required improvements and request certification of completion. Upon satisfactory completion of the required improvements by Developer and request for certification of completion, the City Engineer shall issue a certificate indicating that the required Improvements have been completed. For the purposes of this Agreement, the date of completion shall be the date that the City Engineer issues a certificate of completion.

22. Adequacy of and Revisions to Plans. Developer warrants that the Plans are adequate to accomplish construction of the required improvements. If, at any time before the City Engineer certifies completion of the required improvements, the Plans prove to be inadequate in any respect, the Developer shall bring those inadequacies to the attention of the City Engineer or his/her designee. Similarly, if the City Engineer discovers that the Plans are inadequate in any respect, the City Engineer shall notify the Developer of the inadequacy/inadequacies. If such inadequacies are discovered, the Developer shall make changes to the Plans to remedy the inadequacies and, upon approval of the revised

14309\004\10809954.v8
Plans by the City Engineer, complete the required improvements according to the revised Plans.

After completing all required revisions, Developer or Developer’s engineer shall transmit the originals of the improvement plans to the City Engineer for signature.

Upon finding that all required revisions have been made and that the plans conform to all applicable City laws, design review requirements, and conditions of approval of the tentative map, the City Engineer shall sign and date the plans. The originals shall be returned to Developer or Developer’s engineer. Approval by the City Engineer shall in no way relieve the Developer, or the Developer’s engineer from responsibility for the design of the required improvements, and for any deficiencies resulting from the design, or from any required conditions of approval of the tentative map.

23. Nonperformance and Costs. If, within the time specified in this Agreement and any approved extension, Developer fails to complete the required improvements or to act promptly as required by this Agreement, or should an urgency arise that requires the repair or replacement of a required improvement, the City may, but is not required to, proceed to complete the improvements pursuant to the Plans, by contract or otherwise, and Developer, immediately upon demand, shall pay the costs and charges related to said work, together with a fifteen percent (15%) overhead charge.

24. Remedies. The City m ay bring legal action to: (1) compel performance of this Agreement; (2) ensure compliance with the conditions of this Agreement ; and (3) recover the costs (including the City’s administrative costs) of completing the required improvements pursuant to section 17. The City may also seek any and all remedies available in law or equity. If any judicial remedy or arbitration is necessary to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to attorney's fees, costs, and other expenses, in addition to any other relief to which such party may be entitled.

25. Responsibilities for Damage. Any damage to the required improvements, or to any portion of adjacent properties, that occurs during construction shall be completely repaired by the Developer to the satisfaction of the City Engineer.

26. Utility Deposits – Statement. Developer shall certify, to the satisfaction of the City Building Official, that it has made the deposits required for utilities to be supplied and connected within the subdivision prior to obtaining a building permit.

27. Permits and Fee Payments – Compliance with Law. Developer shall obtain all necessary permits and licenses for the construction of the required improvements, and shall pay all fees and taxes required by applicable law, including state law and local ordinances.

28. Superintendence by Developer . Developer shall personally supervise the work on the required improvements or have a competent f oreman or superintendent on the work site at all times during the course of construction of the required improvements with the authority to act for Developer.

14309\004\10809954.v8

29. Inspections – Payment of Fees. The City is authorized to enter the Property for inspection purposes at any time. Developer shall at all times maintain the Property so that the City and any agency authorized to make inspections can safely access and inspect all parts of the Property. Developer shall pay to the City the cost s of inspecting the required improvements, including staff time and any consulting services determined to be necessary by the City Engineer, as well as all the cost of all other services furnished by the City in connection with the Project. Developer furthe r agrees to pay any required in-lieu fee for the undergrounding of utilities on peripheral streets, and all development fees required by City. These fees must be paid in full prior to the City's acceptance of the required improvements and are covered under the bonds of this Agreement. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Developer from paying such other applicable fees, charges, and/or costs.

30. Erosion Control . Developer shall take all necessary actions during the course of construction of the required improvements to prevent erosion damage to adjacent properties or improvements (including, but not limited to, City streets and other City infrastructure or property). It is understood and agreed that in the event of failure on the part of Developer to prevent erosions that are within Developer's control to prevent with the exer cise of commercially reasonable effort s, City may do the work of improvement and/or erosion protection measures on an emergency basis and Developer shall reimburse City for the actual expenses incurred (including administrative and/or legal expenses plus 15% overhead charge) within thirty (30) days after City mails a billing statement for such expenses to Developer. If such reimbursement is not timely made, City is entitled to obtain such reimbursement from Developer and/or, in addition to any other City re medies allowed by law, may proceed against the Performance Bond or Warranty Security to cover City’s expenses.

31. No Waiver by City . Inspection of the work and/or materials, or approval of work and/or materials inspected, or a statement by an officer, agent o r employee of the City indicating the work complies with this Agreement, or acceptance of all of these acts shall not relieve Developer of its obligation to fulfill the Agreement; nor is the City by these acts prohibited from bringing an action for damages or specific enforcement arising from the failure to comply with this Agreement. No action or omission by the City shall constitute a waiver of any provision of this Agreement unless expressly provided in writing. No course of dealing between Developer and the City, or any delay on the part of the City in exercising any rights hereunder, shall operate as a waiver of any rights by the City, except to the extent these rights are expressly waived in writing by the City.

32. Agreement Attaches to the Land – Recordation. This Agreement pertains to and runs with the Property described. This Agreement shall be recorded in the office of the County Recorder at the expense of the Developer and shall constitute notice to all successors and assigns of the title to the real property of the obligations set forth herein.

This Agreement shall also constitute a lien on the Property, subject to foreclosure in the event of default in payment, in an amount sufficient to fully reimburse the City for any cost

14309\004\10809954.v8
to the City of enforcing this Agreement, including interest from the date of the notice of any cost or expense until paid.

33. Notice of Breach and Default. If Developer refuses or fails to prosecute the work, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the work within such time, or if Developer should be adjudged a bankruptcy, or Developer should make a general assignment for the benefit of his creditors, or if a receiver should be appointed in the event of Developer’s insolvency, or if Developer or any of Developer’s contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement and the City may, but is under no obligation to, serve written noti ce upon Developer and Developer’s surety of breach of this Agreement, or of any portion thereof and default of Developer.

34. Breach of Agreement; Performance by Surety or City . In the event of any such notice, Developer’s surety, if any, shall have the duty to take over and complete the work and the required improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give the City written notice of its intention to take over the performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Developer, and the Developer’s surety shall be liable to City for any excess costs of damages incurred by the City; and in such event, the City, without liability for so doing, may take possession of and utilize in completing the work, such materia ls, appliances, plant or other property belonging to Developer as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Developer’s obligations under this Agreement. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.

If the form of improvement security is other than a bond, then the City, after giving notice of breach of the Agreement, may proceed to collect against the improvement security in the manner provided by law and by the terms of the security instrument.

35. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

City of Turlock Attn: City Engineer
156 South Broadway, Suite 150
Turlock, CA 95380

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Notices required to be given to Developer shall be addressed as follows:

Bright Development, Inc.
1620 N. Carpenter Road, Building B
Modesto CA, 95351
Attention: Loura Erickson, VP and COO
Email: [email protected]
With a copy to:

Shartsis Friese LLP
425 Market Street, 11th Floor
San Francisco, CA 94105
Attention: Dana Kennedy
Email: [email protected]
Any party of the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

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

Adrienne Werner
Development Services Director
156 S. Broadway, Suite 120
Turlock, CA 95380-5456
Telephone: (209) 668-5640
E-mail: [email protected]

37. Authority to Execute . Developer warrants and represents that the person signing on behalf of Developer has the authority to execute this Agreement on behalf of Developer and has the authority to bind the Developer and the Property to the terms and obligations set forth in this Agreement. Developer agrees that this Agreement, and any instrument or agreement required hereunder, are within the Developer’s powers, have been duly authorized and delivered, and do not conflict with Developer’s organizational powers.

38. Compliance with Laws. Developer, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable permits and licenses.

39. Assignment. This Agreement shall bind and inure to the benef it of the assigns, successors in interest, heirs, executors, and administrators of the parties and the parties agree that the City may cause a copy of this Agreement to be recorded in the Stanislaus County Recorder’s Office. Developer’s rights and obligati ons under this

14309\004\10809954.v8
Agreement are not assignable or transferrable without the prior written consent of the City.

40. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

41. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court of California for the County of Stanislaus.

42. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original.

43. Entire Agreement; Modification . This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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ACKNOWLEDGMENT

State of California }
County of }

On before me, , Notary Public,
personally appeared
, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

14309\004\10809954.v8

14309\004\10809954.v8

Exhibit B

Improvements - Verano Phase 1

[Attached]

14309\004\10809954.v8

REIMBURSEMENT / IMPROVEMENT AGREEMENT
VERANO – PHASE 1

I. WATER:

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

WATER MAIN FRONTAGE:

AMOUNT FROM DEVELOPER:

2,929 LF of Waterline @ 49.78/LF……………………………………………………. $ 145,805.62

TIME: 114 PARCELS @ $1,279.00/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

14309\004\10809954.v8
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:
2,929 LF of sewer line @ 41.90/LF.…………………………………………………… $ 122,725.10

TIME: 114 PARCELS @ 1,279.00/PARCEL

ADJUSTED BY THE ENR TO BE PAID WITH EACH BUILDING PERMIT

III. STORM DRAINAGE:

14309\004\10809954.v8

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

MASTER:

AMOUNT FROM DEVELOPER:

13.61 acres @ $13,201.18/acre of residential development……………………$179,668.06

TIME: 114 PARCELS @ $1,576.04/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: 114 dwelling units x 3.0 persons/household x 3.5 acres/1000 persons x
$180,000/acre………………………………….……………$215,460.00

TIME: NEIGHBORHOOD PARK PORTION: 114 PARCELS @ $1,417.50/PARCEL COMMUNITY PARK PORTION: 114 PARCELS @ $ 472.50/PARCEL

TO BE PAID WITH EACH BUILDING PERMIT

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V. CAPITAL FACILITY FEE REIMBURSEMENT:

A. MEDIAN LANDSCAPING PROJECTS (ORIGINAL)
AMOUNT FROM CITY:

MEDIAN IMPROVEMENTS ALONG MONTE VISTA AVENUE FROM FOUR SEASONS DRIVE TO WALNUT ROAD………………………….…………………………………………………. $
134,239.89

Total C. F. F. (Median Landscaping Improvements)
Reimbursement Amount: $ 134,239.89

TIME: All 114 building permits within Verano will be credited for the (Median Landscaping Improvements) component of the Capital Facilities Fees at a rate of $1,177.54.

B. MEDIAN LANDSCAPING PROJECTS (REVISED)
AMOUNT FROM CITY:

MEDIAN IMPROVEMENTS ALONG MONTE VISTA AVENUE FROM FOUR SEASONS DRIVE TO WALNUT ROAD………………………….…………………………………………………. $
134,239.89

Total C. F. F. (Median Landscaping Improvements)
Reimbursement Amount: $ 134,239.89

TIME: This amount is based on Developer including their Contractor and subcontractors performing all work relating to the median landscaping improvements at California Prevailing Wage Rates. Developer shall hire a labor compliance consultant to review the certified payrolls and confirm if prevailing wage was paid. Labor compliance consultant shall provide a memo to the City Engineer for approval of their findings. If sufficient documentation cannot be provided, no reimbursements or credits will be granted to the Developer. Upon request, Developer shall provide the City Engineer copies of certified payroll records.

If City Engineer accepts the labor compliance consultant’s memo, the Developer shall submit a request for reimbursement to the City Engineer.

City Council Staff Report
July 28, 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
7/28/2026

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 (commenc ing with Section 51036) to Part 1 of Division of Title 5 of the Cali fornia 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 her ein 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, pe destrians, those protected by the Americans With Disabilities Act, those operating motor vehicl es 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. }
}
}
}
}
}
}
}

ORDINANCE NO. -CS IN THE MATTER OF 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)

Ordinance No. -CS
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 find s 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 p erformed 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 i n a temporary or transient commercial activity within the City by selling good s 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 travel ing from place to place, soliciting door-to-door, or operating from a tempor ary 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-

Ordinance No. -CS
29 and California Government Code section 51036.

(c) Repealed.

(d) (c) “Person” shall mean and include natural persons, so le proprietorships, firms, associations, partnerships, or corporations.

(e) (d) “Non-profit organization” shall mean and include an y organization, foundation, corporation or association recognized by the State of California as a non- profit organization.

(f) (e) “Temporary location” shall mean and include a locat ion 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 co mplying 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 reg istered 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 S tationary Sidewalk Vendor as defined in and regulated by TMC Chapter 5-29.

(c) Non-profit organizations as recognized by the S tate 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 § 5-17-1

67. 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 a pplication 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%) perce nt or more of the stock in the corporation;

(c) If the applicant is a partnership or unincorpor ated association, the names and addresses of all partners, including limited partne rs, 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, includ ing the specific addresses therein, in which the applicant has been engaged in or has cond ucted itinerant vendor activity within the immediately preceding five (5) years;

(g) A statement of all felonies and misdemeanors fo r which the applicant has been convicted, including nolo contendere, within the fi ve (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 t o the City of Turlock, and submit along with the itinerant vendor application, the fees est ablished 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.

Ordinance No. -CS
(a) The Chief of Police shall conduct and complete an investigation of the truthfulness of the facts set forth in the itinerant vendors applic ation filed pursuant this chapter, and the moral fitness, reputation, character, integrity and competency of the applicant.

(b) The applicant shall report to the Turlock Polic e 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 ta ke an estimated six (6) to sixteen (16) weeks to complete.

(c) The Chief of Police, within fifteen (15) days a fter the application is received, shall conduct a preliminary background check of reference s and law enforcement agency records within Stanislaus County and other Californ ia 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 perm it 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 ol der 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 with in the five (5) years immediately preceding application for a permit for a crime invo lving 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 t he 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, hone st and forthright manner which includes, but is not limited to, the following:

(1) Display his or her permit pursuant to TMC § 5-1 7-1 34 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 pur suant 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 en sure the public health, safety and general welfare.
5-17-09 10 . 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 § 5-17-0

89. (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 ma il 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 a nd documentary evidence from any interested person regarding the moral fitness, repu tation, character, integrity and competency of the applicant or any other factors wh ich 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 w ho fails to appear at the hearing after notice was given, without obtaining a continuance f rom 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 an d 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;