Turlock City Council
July 28, 2026

City Council Meeting
Agenda

July 28, 2026
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California

Mayor
Amy Bublak

Council Members
Kevin Bixel
Cassandra Abram
Erika Phillips
Rebecka Monez
(Vice Mayor)
City Manager
John J. Murphy
City Clerk
Nichole Fiez
City Attorney
Katie O. Lucchesi
PUBLIC PARTICIPATION: Members of the public can participate in City Council meetings in the following ways:

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

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

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

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

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

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 28, 2026
Next City Council Resolution: 2026-093 Next Ordinance:1350-CS

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

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

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

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

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

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

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

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

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

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

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

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 28, 2026
Next City Council Resolution: 2026-093 Next Ordinance:1350-CS

1. CALL TO ORDER

2. SALUTE TO THE FLAG

3. ROLL CALL AND DECLARATION OF CONFLICTS

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

5. PROCLAMATIONS, RECOGNITIONS, ANNOUNCEMENTS, PRESENTATIONS, AND

BRIEFINGS
A. Turlock Police Department Animal Services - Adoptable Pets B. Proclamation: National Night Out (Police)

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

A. Accepting the Weekly Demands of June 26, 2026 Through July 2, 2026 in the Amount of $1,927,322.27, Weekly Demands of July 3, 2026 Through July 9, 2026 in the Amount of $1,869,675.64, Accounts Payable EFT of May 1, 2026 Through May 31, 2026 in the Amount of $346,936.63 and Payroll EFT of April 1, 2026 Through April 30, 2026 in the Amount of $2,453,720.44 (Finance)
B. Accepting the Investment and Cash Report for the Month of June 2026 in the Amount of $327,293,714.96 (Finance)
C. Accepting the Minutes of the July 14, 2026 Regular City Council Meeting (City Clerk) D. Awarding Bid and Approving an Agreement with Champion Industrial Contractors, Inc., of Modesto, California in the Amount of $180,365.00 and Authorizing a Construction Contingency Amount of $18,036.50 (10%), for City Project No. 25-067 “Public Safety Facility Boiler Replacements" (Engineering)
E. Approving an Agreement with Cloudburst Consulting Group, Inc. for Technical Assistance for Housing Programs in an Amount not to Exceed $150,000 (Housing) F. Awarding Bid and Approving an Agreement with Living Water Well Drilling in the Amount of $177,000.00 and Authorizing a Construction Contingency Amount of $17,700 (10.0%) for the

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 28, 2026
Next City Council Resolution: 2026-093 Next Ordinance:1350-CS

Construction of City Project No. 24-003A "Downtown PCE Remediation - Drill Test Hole in Downtown Area" (Engineering)
G. Awarding Bid and Approving an Agreement with Delgado Engineering in the Amount of $204,100 and Authorizing a Construction Contingency Amount of $20,410 (10.0%) for the Construction of City Project No. 20-010 "Corporation Yard Security & Lighting Improvements" (Engineering)
H. Rescinding Resolution No. 2026-037 and Adopting a New Resolution Designating the Authorized Signatures for the City of Turlock Bank Accounts with Westamerica Bank and No Fiscal Impact (Finance)
I. Initiating Proceedings for the Annual Levy of Assessments for Existing Landscaping and Lighting Assessment Districts and Street Maintenance Benefit Assessment Areas in the City of Turlock for Fiscal Year 2026-2027 (Engineering)
J. Declaring the City Council’s Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer’s Report, and Appointing a Time and Place for a Public Hearing for the Existing Landscaping and Lighting Assessment Districts and Street Maintenance Benefit Assessment Areas in the City of Turlock for Fiscal Year 2026-2027 (Engineering)
K. Accepting Improvements for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects” (Bid Package 1) and Authorizing a City Engineer to File a Notice of Completion (Roads Program)
L. Approving an Agreement with Goldfarb & Lipman LLP to Provide Housing Legal Services Not to Exceed $100,000 (Housing)
M. Reaffirming the Determination Made by the City Manager in Response to the Emergency Created by the Inoperative Freezer Unit at the Animal Control Facility (City Project No. 26-041 "Animal Control Freezer Evaporator and Condenser Replacement") 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) (Engineering) N. Awarding Bid and Approving an Agreement with RNR Paving 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”, Appropriating Funds, and Determining the Award of Bid is Exempt from Provisions of CEQA (Engineering) O. Accepting an Allocation of $246,037 to Administer the Cannabis Tax Fund Grant Program from the California Highway Patrol (Police)
P. Approving the Final Map and Subdivision Improvement Agreement with Bright Development, Inc. for Verano Subdivision Phase 1 (VTSM 2024-02, Project No. 25-042 with No Direct Fiscal Impact (Engineering)

7. FINAL READINGS
A. Second and Final Reading of an Ordinance Amending Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct) Chapter 17 (Itinerant Vendors) and Adding Turlock Municipal

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 28, 2026
Next City Council Resolution: 2026-093 Next Ordinance:1350-CS

Code Title 5 (Public Welfare, Morals, and Conduct) Chapter 29 (Sidewalk Vendors) (City Attorney)

8. PUBLIC HEARINGS

9. ACTION ITEMS
A. Fiscal Year 2026-2027 Staffing Level Budget Amendment for the Stanislaus Regional Water Authority Operations Fund 450 "SRWA - Operations" with a Fiscal Impact of $143,815 but is Mitigated by a Reduction of Contract Help (Finance)

10. PUBLIC PARTICIPATION
Pursuant to California Government Code Section 54954.3(a), this portion of the meeting is set aside for members of the public to address the City Council on matters that are not listed on tonight’s agenda but are within the subject matter jurisdiction of the City Council. Speakers will be allowed up to three (3) minutes for their comments. The total time allotted for this public comment period shall not exceed thirty (30) minutes. Comments on matters outside the Council’s subject matter jurisdiction may be ruled out of order by the presiding officer and not permitted to continue.

Pursuant to Government Code Section 54954.2(a)(3), the City Council may not take action or engage in substantive discussion on items not listed on the posted agenda. However, the Council or staff may briefly respond to public comments, refer matters to staff, or request that a topic be placed on a future agenda.

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

12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS

13. CLOSED SESSION
A. Threat to Public Services of Facilities, Cal. Gov't Code §54957(a) "This chapter shall not be construed to prevent the legislative body of local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public series or public facilities."
Consultation with: City Attorney Katie Lucchesi
B. Conference with Legal Counsel – Existing Litigation pursuant to California Government Code §54956.9(d)(1)
Two Cases: Turlock Gospel Mission vs. City of Turlock (Case No. CV-26-007057), and People of the State of California vs City of Turlock (Case No. CV-26-007151).

14. REPORTS FROM CLOSED SESSION

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 28, 2026
Next City Council Resolution: 2026-093 Next Ordinance:1350-CS

15. ADJOURNMENT

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 Champion Industrial Contractors, Inc., of Modesto, California in the amount of $180,365.00 and authorizing a construction contingency amount of $18,036.50 (10%), for City Project No. 25-067 “Public Safety Facility Boiler Replacements.”

Resolution: Determining the award of bid for construction of City Project No. 25-067 “Public Safety Facility Boiler Replacements” is exempt from the provisions of CEQA in accordance with Section 15302 (Replacement or Reconstruction) of the CEQA guidelines.

2. NARRATIVE:

The Public Safety Facility heating hot water (HHW) system is served by two boilers, associated pumps, and control valves that are approaching the end of their useful service lives. As the equipment continues to age, maintenance requirements have increased, replacement parts have become more difficult to obtain, and the risk of unexpected system failures has grown. Recently, one of the boilers experienced operational issues requiring repairs, further demonstrating the need for replacement of the existing system.

The City has identified available American Rescue Plan Act (ARPA) funding to complete these improvements and proactively address critical facility infrastructure before more significant failures occur. Replacing the aging equipment at this time will improve system reliability, reduce ongoing maintenance costs, and provide a more efficient and maintainable heating system for the Public Safety Facility.

This project includes replacement of the existing boilers, primary pumps, and Fluid Power Energy (FPE) valves with new equipment. The bid documents also include an additive bid alternate for replacement of the secondary heating pumps and associated appurtenances necessary to fully integrate the new components into the existing heating hot water system.

City staff advertised this project on May 5th, 2026 through the Turlock Journal and on the City’s website for construction projects. On June 2nd, 2026, five (5) bid proposals were received for City Project No. 25-067 “Public Safety Facility Boiler Replacements.” Champion Industrial Contractors, Inc., of Modesto, California, was the lowest responsible bidder with a base bid amount of $145,931.00.

Bid Summary:

Agenda Staff Report
7/28/2026

Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with Champion Industrial Contractors, Inc., of Modesto, California as the lowest responsive, responsible bidder with a base bid amount of $145,931.00. Staff recommends approval of the additive bid alternate which increases the base bid amount by $34,434.00, resulting in a contract amount of $180,365.00.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

The designated project account is Fund 119 “American Rescue Plan Act (ARPA)” account number 119-10-188.51270 “Construction Project.” There is adequate budget for estimated project expenses in Fiscal Year 2026-27 and no additional budget allocation is needed at this time.

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 funds are available, and the improvements are necessary to fully address concerns at the Public Safety Facility.

C. Council could approve the Agreement with Champion Industrial Contractors, 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

3. Agreement CC 2027-031 with Champion Industrial Contractors

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

RESOLUTION NO. 2026-XXX

WHEREAS, City Project No. 25-067 “Public Safety Facility Boiler Replacements” includes the replacement of the existing boilers at the Public Safety Facility; and

WHEREAS, the scope of work involves replacement of boilers, fluid power energy valves, and primary pumps.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for construction of City Project No. 25-067 “Public Safety Facility Boiler Replacements” 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,
City of Turlock, County of Stanislaus,
State of California

IN THE MATTER OF DETERMINING THE

AWARD OF BID FOR CONSTRUCTION OF
CITY PROJECT NO. 25-067 “PUBLIC

SAFETY FACILITY BOILER
REPLACEMENTS” IS EXEMPT FROM THE

PROVISIONS OF CEQA IN ACCORDANCE
WITH SECTION 15302 OF THE CEQA

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

EVALUATION TABULATION
CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements
RESPONSE DEADLINE: June 2, 2026 at 2:00 pm
Report Generated: Tuesday, June 2, 2026

SELECTED VENDOR TOTALS
Vendor Total
Champion Industrial
Contractors, Inc.
$180,365.00
Bay City Boiler $186,375.00
Comfort Air Inc. $208,474.00
Mesa Energy Systems, Inc. $267,141.00
LEED Mechanical $275,104.00

BASE BID
Vendor Total
Champion Industrial
Contractors, Inc.
$145,931.00
Bay City Boiler $161,385.00
Comfort Air Inc. $168,935.00
LEED Mechanical $203,822.00
Mesa Energy Systems, Inc. $219,447.00

EVALUATION TABULATION
CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

EVALUATION TABULATION
Invitation For Bid - Public Safety Facility Boiler Replacements

ADDITIVE BID ALTERNATE "A"
Vendor Total
Bay City Boiler $24,990.00
Champion Industrial
Contractors, Inc.
$34,434.00
Comfort Air Inc. $39,539.00
Mesa Energy Systems, Inc. $47,694.00
LEED Mechanical $71,282.00

CITY CONTRACT NO. 2027-031 1
CITY PROJECT NO. CP 25-067
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT

City Project No. CP 25-067
Public Safety Facility Boiler Replacements
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Champion Industrial Contractors, 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 Public Safety Facility Boiler Replacements (the “Project”).

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

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

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

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on July 14, 2026 at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

Docusign Envelope ID: 3F11D496-8C78-874B-835D-038AA0A1C08F

CITY CONTRACT NO. 2027-031 2
CITY PROJECT NO. CP 25-067
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 Public Safety Facility Boiler Replacements; 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 57
Docusign Envelope ID: 3F11D496-8C78-874B-835D-038AA0A1C08F

CITY CONTRACT NO. 2027-031 3
CITY PROJECT NO. CP 25-067
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 Public Safety Facility Boiler Replacements.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.

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

Exhibit Designation Exhibit Title

1. Exhibit A

2. Exhibit B

3. Exhibit C

4. Exhibit D

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

4. CONTRACT PRICE
City shall pay, and Contractor shall accept in full payment for the work set forth above in SCOPE OF WORK, an amount not to exceed One Hundred Eighty Thousand Three Hundred Sixty Five and No/100ths Dollars ($180,365.00) (the "Contract Price"). Said amount shall be paid pursuant to COMPENSATION of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:

A. If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or B. If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or
Contract Packet - 3 of 57
Docusign Envelope ID: 3F11D496-8C78-874B-835D-038AA0A1C08F

CITY CONTRACT NO. 2027-031 4
CITY PROJECT NO. CP 25-067
Rev. 08/2025
C. If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. TIME FOR PERFORMANCE
The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of fifteen (15) 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 twenty-five (25) 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.

Contract Packet - 4 of 57
Docusign Envelope ID: 3F11D496-8C78-874B-835D-038AA0A1C08F

CITY CONTRACT NO. 2027-031 5
CITY PROJECT NO. CP 25-067
Rev. 08/2025

5.2. EXCUSABLE DELAYS
Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.

5.3. EMERGENCY - ADDITIONAL TIME FOR PERFORMANCE - PROCUREMENT OF

MATERIALS
If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:

A. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or B. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
C. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above Contract Packet - 5 of 57
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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 ($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 ($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 57
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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 57
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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 57
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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 57
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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 57
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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 57
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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. 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 Contract Packet - 13 of 57
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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.

18.5. 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.

18.6. 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.

18.7. 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.

18.8. 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.

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

19. OWNERSHIP OF WORK PRODUCT
Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contract Packet - 14 of 57
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CITY CONTRACT NO. 2027-031 15
CITY PROJECT NO. CP 25-067
Rev. 08/2025
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.

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
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CITY CONTRACT NO. 2027-031 16
CITY PROJECT NO. CP 25-067
Rev. 08/2025
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.

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.

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CITY CONTRACT NO. 2027-031 17
CITY PROJECT NO. CP 25-067
Rev. 08/2025

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: Champion Industrial Contractors
Attn: Kayla Beasley, Service Contract Administrator
1420 Coldwell Ave
Modesto, CA 95350

If to Contractor’s Sureties: To be provided
with surety
records

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

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CITY CONTRACT NO. 2027-031 18
CITY PROJECT NO. CP 25-067
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 57
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CITY CONTRACT NO. 2027-031 19
CITY PROJECT NO. CP 25-067
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 utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

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

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

41. ATTORNEY'S FEES AND COSTS
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CITY CONTRACT NO. 2027-031 20
CITY PROJECT NO. CP 25-067
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. 2027-031 21
CITY PROJECT NO. CP 25-067
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, two identical counterparts of this agreement, consisting of a total of 57 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

CHAMPION INDUSTRIAL CONTRACTORS, INC., a
California corporation
CITY OF TURLOCK, a municipal corporation
**signature_129997**

SIGNATURE
**name_129997**

FULL NAME
**role_129997**
TITLE
**text_129997_e90df766**

ADDRESS
**text_129997_2eee6a54**
PHONE
**date_signed_129997**

DATE SIGNED

**signature_130000**

SIGNATURE
**name_130000**

FULL NAME
**role_130000**
TITLE
**date_signed_130000**

DATE SIGNED

APPROVED AS TO SUFFICIENCY:
**signature_129998**

SIGNATURE
**name_129998**

FULL NAME
**role_129998**
TITLE
**date_signed_129998**

DATE SIGNED

**signature_130004**

SIGNATURE
**name_130004**

FULL NAME
**role_130004**
TITLE
**date_signed_130004**

DATE SIGNED

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Docusign Envelope ID: 3F11D496-8C78-874B-835D-038AA0A1C08F 209 524-6601
Service Contract Administrator
Matthew Pearson
1420 Coldwell Ave
6/24/2026

APPROVED AS TO FORM:
**signature_130003**

SIGNATURE
**name_130003**

FULL NAME
**role_130003**
TITLE
**date_signed_130003**

DATE SIGNED

ATTEST:
**signature_129996**

SIGNATURE
**name_129996**

FULL NAME
**role_129996**
TITLE
**date_signed_129996**

DATE SIGNED

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Exhibits List

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

B - EXHIBIT B PAYMENT BY FORCE ACCOUNT
C - EXHIBIT C WORKERS’ COMPENSATION INSURANCE CERTIFICATION D - EXHIBIT_D_PERFORMANCE_BOND
E - EXHIBIT_E_PAYMENT_BOND
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Exhibit A

A - EXHIBIT A CONSTRACTOR'S PROPOSAL FOR

SERVICES
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EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES

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

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements
RESPONSE DEADLINE: June 2, 2026 at 2:00 pm
Report Generated: Wednesday, June 10, 2026

Champion Industrial Contractors, Inc. Response

CONTACT INFORMATION
Company:

Champion Industrial Contractors, Inc.

Email:
[email protected]
Contact:

Kayla Beasley
Address:
1420 Coldwell Avenue
Modesto, CA 95350
Phone:

N/A
Website:
www.championindustrial.com
Submission Date:

Jun 1, 2026 8:44 AM (Pacific Time)
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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

ADDENDA CONFIRMATION
Addendum #1
Confirmed May 12, 2026 9:09 AM by Kayla Beasley
Addendum #2
Confirmed May 26, 2026 8:43 AM by Kayla Beasley
Addendum #3
Confirmed May 26, 2026 8:44 AM by Kayla Beasley
Addendum #4
Confirmed May 27, 2026 3:51 PM by Kayla Beasley

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.

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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

Confirmed

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

4. INFORMATION REQUIRED OF BIDDER
NUMBER OF YEARS’ EXPERIENCE AS A CONTRACTOR IN CONSTRUCTION WORK OR INSTALLATION WORK SIMILAR TO THAT REQUIRED IN THESE SPECIFICATIONS.*
68 Years
NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Ron Elkins
DATE OF INSPECTION*
5/15/2026
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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

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

REFERENCE #1: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.* Job# 5566 - CITY TOWERS - HYDRONIC HEATING - BOILER REPLACEMENT REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* C-4, BOILER REPLACEMENT
REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* CITY TOWERS, 801 10th St. Modesto, CA. 95354. Ph# 209-606-0607 REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?* N/A - Like to Like Replacement
REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
$89,966.00
REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #1: DATE OF PROJECT COMPLETION
03/09/26
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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

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

Job# 5316 - CROSSPOINT COMMUNITY CHURCH - REPLACEMENT OF (2) CHILLERS, (2) BOILERS & CONTROLS REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

C-4,
REFERENCE #2: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Cross Point Church, 1301 12th Street Modesto, CA 95354 Ph# 209-480-9905 REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? N/A - Like to Like Replacement
REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$696,584.00
REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #2: DATE OF PROJECT COMPLETION
04/15/2026
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

N/A
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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

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

Job# 9245 - CERES USD - DISTRICT OFFICE BOILER REPLACEMENT REFERENCE #3: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

C-4, Boiler Replacement
REFERENCE #3: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Ceres Unified School District, 2720 6th Street, Building B Ceres, CA 95307 Ph# 209-556-1590 REFERENCE #3: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? N/A - Like to Like Replacement
REFERENCE #3: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$28,182.00
REFERENCE #3: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #3: DATE OF PROJECT COMPLETION
02/27/2026
REFERENCE #3: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

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

Job# 8806 - Stanislaus County - Sheriff Office - Support Services Boiler Replacement Contract Packet - 32 of 57
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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

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

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

Stanislaus County, 250 Hackett Rd Modesto, CA 95358
REFERENCE #4: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? NEXUS Engineering 1400 Lone Palm Ave Ste A Modesto CA 95351 Ph# 209-572-7399 REFERENCE #4: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$964,587.00
REFERENCE #4: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) N/A
REFERENCE #4: DATE OF PROJECT COMPLETION
7/31/25
REFERENCE #4: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

N/A

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

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

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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

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

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

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
• BIDDERS_BOND.pdf
City_of_Turlock_-_Boiler_Rplc_-_Bid_Bond.pdf

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

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[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 25-067
Public Safety Facility Boiler Replacements

[CHAMPION INDUSTRIAL CONTRACTORS, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Public Safety Facility Boiler Replacements

• SUBCONTRACTORS.Update.pdf
Subcontractors_Update.pdf

PRICE TABLES

BASE BID
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization and Demobilization 1 LS $14,593.10 $14,593.10 2 Boiler, Fluid Power Energy (FPE) Valve, and Primary Pump Replacement 2 EA $57,904.95 $115,809.90 3 Items of Work Not Included in Other Bid Items 1 LS $15,528.00 $15,528.00 TOTAL $145,931.00

ADDITIVE BID ALTERNATE "A"
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Secondary Heating Pumps + Heating Hot Water (HHW) Pumps 2 EA $17,217.00 $34,434.00 TOTAL $34,434.00

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SUBCONTRACTORS
Pr
ime Contractor:___________________________________________ DIR NUMBER:_______________ Pur
suant 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.

NA

ME LICENSE NUMBER DIR NUMBER ADDRESS WORK ITEMS TO BE
PERFORMED AND % OF ITEM
______________
____________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Contract Packet - 43 of 57
Champion Industrial Contractors, Inc.
1000000287
American Crane Rental, Inc. Lic No. 957693, DIR No. 1000000426, PO Box 308, Escalon, CA 95320, 1% Johnson Controls, Inc. Lic No. 22445, DIR No. 1000000593, 103 Woodmarge Ste 110. Folsom, CA 95360, 5% Docusign Envelope ID: 3F11D496-8C78-874B-835D-038AA0A1C08F

Exhibit B

EXHIBIT B PAYMENT BY FORCE ACCOUNT
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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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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.

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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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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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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.

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Exhibit C
EXHIBIT C WORKERS’ COMPENSATION INSURANCE

CERTIFICATION
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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: ( )

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Exhibit D
EXHIBIT_D_PERFORMANCE_BOND
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1 EXHIBIT D

PERFORMANCE BOND
[Signatures on Following Page]

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to Champion Industrial Contractors, Inc. , hereinafter designated as the “Principal,” a contract for Project No. 25-067, “Public Safety Facility Boiler Replacements ”; and,

WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.

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

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2 IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their seals this __________ day of _______________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Corporate Seal) Principal

By

Title

(Attach Notarial Acknowledgment)

(Corporate Seal) Surety

Address

Phone No.: ( ) Fax No.: ( )

By
Attorneys-in-Fact

Title

(Attach Notarial Acknowledgment)

NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.

(Seal) Witness

Approved as to form:

Risk Manager
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Exhibit E
EXHIBIT_E_PAYMENT_BOND
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1 EXHIBIT E

PAYMENT BOND

[Signatures on Following Page]

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock , a municipal corporation, has awarded to Champion Industrial Contractors, Inc. , hereinafter designated as the “Principal”, a contract for Project No . 25-067, “Public Safety Facility Boiler Replacement”; and

WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications.

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2 IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Corporate Seal) Principal

By

Title

(Attach Notarial Acknowledgment)

(Corporate Seal) Surety

Address

Phone No.: ( ) Fax No.: ( )

By
Attorneys-in-Fact

Title

(Attach Notarial Acknowledgment)

NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.

(Seal) Witness

Approved as to form:

Risk Manager

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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 the Cloudburst Consulting Group, Inc. to provide on- call remote housing technical assistance services for a five (5)-year term, in an amount not to exceed $150,000.

2. NARRATIVE:

The Housing Division administers multiple federally funded programs, each with extensive federal requirements and regulatory guidelines. Many of these requirements are established by the U.S. Department of Housing and Urban Development (HUD).

Cloudburst Consulting Group, Inc. (Cloudburst) has extensive experience with HUD-funded programs and is recognized as one of HUD’s leading technical assistance groups. Through its direct work with HUD and numerous agencies administering HUD programs, Cloudburst offers specialized expertise and practical knowledge regarding the implementation, management, and compliance requirements associated with federal housing programs.

Additionally, Cloudburst has developed a strong understanding of the City of Turlock's housing programs through its previous work assisting with the preparation of the HOME- ARP Allocation Plan and the development and revision of various Housing Division policies and procedures.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Funds have been appropriated in the Fiscal Year 2026-2027 budget in various Housing program funds to be shared among Fund 255 “CDBG” account 255-41-485.43060_000 “Contract Services General”, Fund 256 “Stanislaus Housing Consortium” account 256-41- 486.43060_000 “Contract Services General”, and Fund 259 “HOME ARP” account 259-41- 499.43060_000 “Contract Services General.”

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

A. The City Council could choose to not approve the proposed agreement. This is not recommended as this contract will enable the Housing Division to have access to

Agenda Staff Report
7/28/2026

technical assistance needed to help ensure continued compliance with federal regulations.

B. The City Council could choose to change the proposed contract amount. This is not recommended as the amounts are to ensure the Housing Division has adequate access to any technical assistance needed.

6. ATTACHMENTS:

1. Cloudburst Consulting Group, Inc. Agreement

CITY CONTRACT NO. 2027-047 1

AGREEMENT BETWEEN THE CITY OF TURLOCK
and
Cloudburst Consulting Group, Inc.
for

PROFESSIONAL SERVICES
City Contract No. 2027-047
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the City of Turlock, a California municipal corporation (“City”), and Cloudburst Consulting Group, Inc., a Maryland corporation (“Professional”), on 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 technical assistance (TA) and support for the City's Department of Housing and Urban Development (HUD) Community Planning and Development (CPD) 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 ref erence (“ 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 agree as follows:

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CITY CONTRACT NO. 2027-047 2

AGREEMENT

1. RECITALS:

The recitals set forth above (“ Recitals”) are true and correct and are hereby incorporated into an d 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 five (5) years and will commence on the Effective Date and terminate on July 27, 2031 (“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 t he 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 Modi fication 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 shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional c ompensation, 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 action for completing the work and a specific request for City to approve the Modification to the Services; (3) set Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

CITY CONTRACT NO. 2027-047 3

forth the Professional’s proposed rev isions, 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 Fifty Thousand and No/100ths Dollars($150,000.00) (“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 Prof essional 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 Modificati on. Professional 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.

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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 subcon tracting 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 s imilarly 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 Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

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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).

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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 i n 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 Inter ested 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 o r 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 Project and, in such event, Professional agrees th at 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 temporarily interrupted or discontinued due to a “Force Ma jeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of 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 may assign any right or obligation pursuant to thi s 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 Professional'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, Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

CITY CONTRACT NO. 2027-047 7

upon receipt of said notice, suspend all Services except any Services, 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 Services performed prior to notice of such suspension. W hen 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 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 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 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 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 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.

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 a mount 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 guar anteeing 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 ( or 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 pro vide 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 Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

CITY CONTRACT NO. 2027-047 11

Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess polic ies 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 liabil ity 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) days 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 polic y 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 insuran ce 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 emplo yee 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, representa tive 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, conse quential, 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 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 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: Cloudburst Consulting Group, Inc.

Attn: Denise Lomuntad, Sr. Contracts Manager
8400 Corporate Drive, Suite 550
Landover, MD 20785

33. CITY CONTRACT ADMINISTRATOR:

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

Isaac Moreno, Finance Director
156 S. Broadway, Suite 140
Turlock, CA 95380
Telephone: (209) 668-5610
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 this Agr eement 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 ent ities, 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 Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

CITY CONTRACT NO. 2027-047 14

complied with. Further, by entering into this Agreement, neither Party hereto shall have bre ached 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 its 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 Agr eement 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.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

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

Cloudburst Consulting Group, Inc., a Maryland
corporation
CITY OF TURLOCK, a California municipal corporation
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SIGNATURE
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FULL NAME
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DATE SIGNED

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APPROVED AS TO SUFFICIENCY:
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APPROVED AS TO FORM:
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ATTEST:

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B 7/22/2026
Michelle Hayes
President
Finance Director
Isaac Moreno

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Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

Exhibits List
A - Turlock On-Call TA Proposal July 2026
Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

Exhibit A
Turlock On-Call TA Proposal July 2026
Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

Jennifer Figueroa July 6, 2026
Housing Program Manager
City of Turlock Housing Division
156 S. Broadway Suite 140
Turlock, CA 95380
via email: [email protected]
Dear Ms. Figueroa,
Cloudburst Consulting Group, Inc. (Cloudburst) is pleased to submit this proposal to the City of Turlock’s Housing Division to continue providing technical assistance (TA) and support for the City’s Department of Housing and Urban Development (HUD) Community Planning and Development (CPD) programs.

Founded in 2005, Cloudburst is a mission- driven Women-Owned Small Business focused on supporting communities to improve access to resources for low-income and vulnerable populations. Cloudburst assists local communities in enhancing housing and community development planning, streamlining grants management systems, and improving program design to meet community needs. Cloudburst staff is composed of experienced community development practitioners, such as former HUD, local government and nonprofit staff.

Through direct engagements with state and local governments, Cloudburst has helped numerous grantees with CDBG and HOME program design and implementation to deliver effective and compliant programs.

Cloudburst also works directly with HUD by providing technical assistance and training, developing tools and products accessible on the HUD Exchange, and staffing the Integrated Distribution Information System (IDIS) Ask-A-Question, eCon Planning Suite and HUD’s Environmental Review Online System (HEROS) helpdesks. Cloudburst’s knowledge of federal regulations, program implementation best practices, cross - cutting regulations, and HUD systems allows our staff to provide holistic technical assistance that will be tailored to the specific needs of the City of Turlock.

We would be happy to discuss the scope, budget, and any suggested revisions in greater detail and make modifications if needed. As the president of Cloudburst, I am authorized to represent Cloudburst in any negotiations and to sign any resulting contract. If you have any questions, please contact me at (202) 253- 2346 or at [email protected].

Sincerely,
Michelle Hayes,
President and CEO
Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

CLOUDBURST EXPERIENCE
Understanding Turlock’s Needs
With over twenty years of experience supporting state and local clients across the country, including 15 recent communities in California and four years of work with Turlock’s Housing Division, Cloudburst offers a deep-rooted understanding of the unique challenges facing HUD grantees. From dozens of national HUD-funded technical assistance and training awards, Cloudburst further offers expertise in all HUD CPD Programs, bringing the extensive knowledge necessary to continue offering comprehensive support to the City of Turlock.

Cloudburst understands what is required to implement effective programs that deliver measurable results.

By leveraging expert-level knowledge of CPD programs, Cloudburst will help Turlock maximize benefits for their community while ensuring compliance with federal regulations. The sections below highlight Cloudburst’s experience with HOME, HOME-ARP, CDBG, and HUD Online Systems.

HOME Experience
Cloudburst has provided HOME TA and training to participating jurisdictions (PJs) nationwide through work with HUD and under direct contract with PJs. These relationships allow Cloudburst insight into how regulations impact PJs and their community partners' use of HOME funds. True to the purpose of the HOME program, Cloudburst supports PJs by helping them identify partnerships and strategies to utilize HOME funds to create housing opportunities for underserved communities through new construction and rehabilitation of rental units, homeownership, and rental assistance.

Cloudburst staff have many years of on-the-ground experience combining HOME with other federal, state, and local funding sources to enable the development of quality affordable housing. Cloudburst helps PJ staff understand the importance and impact of market studies, project underwriting, subsidy layering analysis, and its contribution to maintaining long-term affordability. Cloudburst is also prepared to help PJs navigate and apply essential program updates by staying current with the latest changes brought forth by the new HOME Final Rule, such as changes to maximum per-unit subsidy limits, periods of affordability and rent limits, updated guidance for homebuyer housing, and other provisions that streamline participation in the HOME program.

Our team has provided TA and training to various HOME participating jurisdictions on tasks such as:
● Assist with the development of Annual Action Plans, Consolidated Plans, CAPERS, and Citizen Participation Plans.
● Review, guidance, and training on subrecipient management; development of subrecipient monitoring checklists.
● Review and revision to HOME policies and procedures.
● Review of HOME written agreements and TA on utilizing the agreements as a management tool. ● Assistance with HOME CHDO certifications.
● Subsidy layering review, cost allocation analysis, and underwriting analysis of rental development projects.
● Review of request for proposals and guidance to ensure quality applications are received.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

HOME-ARP Experience
As a leading HUD TA provider, Cloudburst played a major role in the development of HOME-ARP tools and products to support program implementation since its inception in 2021. Cloudburst was a key presenter and facilitator for HOME-ARP Problem Solving Clinics and HOME-ARP webinar series. Cloudburst developed the HOME-ARP IDIS Activity tutorial videos, the HOME-ARP Environmental Review Checklist, and reviewed multiple products related to HOME-ARP Supportive Services.

In addition to our federal work, Cloudburst has supported numerous state and local communities with their HOME-ARP programs from planning to implementation. Cloudburst assisted with the development of ten allocation plans which included data analysis, thoughtful community consultation, and program planning workshops with staff. As PJs have a greater understanding of community needs and fundable projects, Cloudburst has also assisted with drafting and reviewing HOME-ARP Allocation Plan substantial amendments. As PJs have shifted to HOME-ARP implementation, Cloudburst has assisted with essential program implementation tools such as policies and procedures and written agreements. Cloudburst has also trained PJ staff on HOME-ARP regulations and eligible activities to increase local capacity and ensure compliant and successful programs.

Our team has provided TA and training to various HOME-ARP participating jurisdictions on tasks such as:
● Review and advise on substantial amendments to HOME-ARP Allocation Plans. ● Training on HOME-ARP regulations, qualifying populations, and eligible activities. ● Facilitation of policy decision and program design workshops for HOME-ARP grantees. ● Drafted HOME-ARP Policies and Procedures manuals.
● Reviewed HOME-ARP written agreements.
● Subsidy layering review, cost allocation analysis, and underwriting analysis of rental development projects.
● Review of request for proposals and guidance to ensure quality applications are received.

CDBG Experience
As practitioners who have spent years in the field administering CDBG programs, Cloudburst deeply understands what grantees must do to develop and implement effective, compliant programs that successfully target resources for substantive, measurable results. Cloudburst leverages its extensive and expert knowledge of the CDBG program to ensure the efficient planning, administration, and implementation of all CDBG-funded projects and programs. Sharing this expertise with grantees helps them maximize the benefit for their program beneficiaries while maintaining compliance with program regulations and cross-cutting requirements. Cloudburst experts are well-versed in the 24 CFR Part 570 program regulations and the many implementing notices and memoranda that provide further guidance.

Cloudburst has a long history of providing CDBG grantees with the in-depth guidance and support needed to design impactful programs that implement emerging best practices. The team has conducted assessments of housing, community development, homeless prevention, and economic development activities for grantees across the country. Cloudburst understands how to effectively use CDBG to fill funding gaps and use the Section 108 Loan Guarantee Program to leverage additional funds for larger economic and public infrastructure projects. Cloudburst stays abreast of and integrates new guidance and requirements, such as Notice CPD-23-10 Use of CDBG Funds in Support of Housing; Building America, Buy America Act (BABA); and Section 3 reporting into TA and training work.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

Our team has provided TA and training to various CDBG grantees on tasks such as:
● Assistance with the development of Annual Action Plans, Consolidated Plans, CAPERS, and Citizen Participation Plans.
● Review, guidance, and training on subrecipient management; development of subrecipient monitoring checklists.
● Development of compliant policies and procedures and administrative systems. ● Development of spending plans and changes to financial/IDIS management practices to retain CDBG funds at risk of recapture and to meet timeliness. ● Design and implementation of affordable housing, economic development, and Section 108 loan guarantee programs.
● Facilitation of training series on CDBG administration and management. ● Assistance with understanding CDBG reporting requirements including the CAPER, SF-425, Section 3 report, Labor Standards Enforcement report, and more. ● Training on allocating staff costs between Activity Delivery Costs (ADCs) vs. Program Administration Costs (PACs) to help grantees maximize their use of admin costs for CDBG projects.

HUD Online Systems Expertise
Cloudburst has extensive experience with HUD online systems, providing both TA and operational support for multiple platforms, including IDIS, the eCon Planning Suite, and HEROS. Cloudburst serves as the primary manager of the IDIS and eCon Planning Suite AAQ Help Desks on the HUD Exchange and assists grantees in navigating the system to perform a wide array of tasks, including setting up activities, creating and revising sub-funds, reporting accomplishments, drawing funds, generating MicroStrategy reports, and ensuring overall compliance with federal regulations. Cloudburst has conducted dozens of HUD-sponsored IDIS training sessions across the nation, provided direct IDIS training and TA to grantees, developed IDIS tools and guidance for HUD, and managed national IDIS data-cleanup initiatives for HUD.

Since 2013, Cloudburst has also managed the HEROS AAQ helpdesk to respond to system-related issues for responsible entities, partners, and HUD users. Annually, Cloudburst responds to over 1,000 questions for the HEROS AAQ help desk. Key personnel are recognized national SMEs for HEROS and have led the development of HEROS guidance and training, including the lead developer of the HEROS User Guide, HEROS Quick Guide, "How To" Videos, and the HEROS frequently asked questions housed on the HUD Exchange. Cloudburst has also worked with communities across the country to improve environmental review processes, including the development of policies and procedures, training materials, and implementation support.

STAFF PROFILES
Cloudburst employs a wide range of housing and community development experts that will be available to support Turlock. The Cloudburst team will be managed by Marybrook Cox. Ms. Cox has several years of experience administering HUD CPD programs and as a TA provider, as described below. Key staff are highlighted in the table below. Additional experts may be engaged throughout the term of the contract to most effectively match expertise with Turlock’s requests for assistance.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

Key Staff
Cloudburst Staff Profiles
Staff and Title Summary of Experience
Marybrook Cox
Project Manager,
Sr. Analyst II
Marybrook Cox has a decade of experience in the housing and community development field, providing guidance for best practices in managing subrecipients of CDBG and HOME programs, developing policies and procedures, and specializing in developing staff capacity. As a former HUD Grantee, Ms. Cox has in-depth knowledge of the challenges faced by state and local governments. Her work focuses on utilizing existing frameworks within the government and building effective grant management into existing systems. Since joining Cloudburst, Ms. Cox has developed HOME and CDBG policies and procedures for numerous grantees and provided technical assistance on program design and developing thoughtful processes.

Susan Walsh
SME II
Susan Walsh has over 30 years of housing and community development experience.

Since 2012, Ms. Walsh has provided technical assistance to governments, non- profits, and contractors in the areas of grant management and regulatory compliance, particularly for the CDBG and HOME Programs. Ms. Walsh is also a national expert in IDIS and assists CDBG and HOME grantees across the county to improve grants management, financial management, and IDIS systems through on-call TA and training.

Her career includes working with federal grant programs in Hamilton County, Ohio where she worked across the CPD portfolio of programs, including CDBG, HOME, NSP, Section 8, ESG, HPRP, and CDBG-DR. Recently, Ms. Walsh has been focused on providing technical assistance to numerous cities, counties, and states to help them successfully navigate CDBG, CDBG-CV, HOME, and HOME-ARP regulations.

Rob Sronce
SME I
Rob Sronce has over 25 years of housing and community development experience, with 14 years of direct experience working with federal and state housing and community development grants and grant-funded programs. He has served as staff for California HUD grantees and housing agencies, including City of Chico, City of Citrus Heights, and the Sacramento Housing and Redevelopment Agency. Most recently, Mr. Sronce has served as a consultant providing training and technical assistance. He has expertise in the CDBG, NSP, and HOME programs, working with both entitlement grantees and state grantees. He has also designed and implemented grant-funded programs as well as provided expert assessments and focused technical assistance. His areas of expertise include HUD reporting systems (IDIS and DRGR), the development and implementation of local grants management systems, uniform administrative requirements, procurement standards, labor compliance, relocation, and fiscal management.

Teresa Palacio
Sr. Analyst I
Teresa Palacio is a housing and community development professional with more than seven years of experience supporting the implementation and oversight of federally funded housing and grant programs. Prior to joining Cloudburst, Ms. Palacio worked at HUD headquarters on programs including HOME, HOME-ARP, Housing Trust Fund, and Community Development Block Grant–Disaster Recovery (CDBG-DR). Her expertise includes IDIS, federal program administration, regulatory compliance, training development, Community Housing Development Organization (CHDO) utilization, and stakeholder coordination. Prior to her federal service, Ms. Palacio held housing and community development roles in local government. At the City of Charlotte, she managed the City’s Fair Housing program, overseeing grant compliance, community outreach, and investigations of housing discrimination complaints. Earlier in her career, she supported disaster recovery and housing development projects funded through the CDBG-DR program for Richland County Government.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

Lindsey Gillette
Analyst II
Lindsey Gillette is a Program Analyst with five years of housing and community development experience. Her past experience includes implementing housing assistance programs in a nonprofit setting as well as supporting community development initiatives within local government. She has a robust background in community engagement and data analysis, having worked with several types of grantees (states, counties, consortia, and entitlement communities) on their Consolidated Plans and HOME-ARP Allocation Plans. While at Cloudburst, Ms. Gillette has developed program implementation tools such as policies and procedures for HOME, HOME - ARP, and CDBG, as well as CDBG subrecipient monitoring checklists.

COST BREAKDOWN
Cloudburst proposes a time and materials contract for the period of performance of up to five years with a not-to-exceed value of $30,000 per year and a total contract value of $150,000.

Given the on-call nature of the requested services, the Cloudburst Project Manager, Ms. Cox, is available to provide an estimate of the level of effort required to complete a specific task or need identified by the City. Under the direction of Ms. Cox, Cloudburst staff will be prepared to assist with TA and training needs. Hours will be billed according to their labor category listed in the table below.

Cloudburst Labor Rates
Labor Category 2026
Rate
2027
Rate
2028
Rate
2029
Rate
2030
Rate CB Personnel
Jr Analyst I $75.00 $77.00 $79.00 $81.00 $83.00
Jr Analyst II $84.00 $87.00 $90.00 $93.00 $96.00
Analyst I $97.00 $100.00 $103.00 $106.00 $109.00
Analyst II $105.00 $108.00 $111.00 $114.00 $117.00 Gillette Analyst III $116.00 $119.00 $123.00 $127.00 $131.00
Sr Analyst I $127.00 $131.00 $135.00 $139.00 $143.00 Palacio Sr Analyst II $138.00 $142.00 $146.00 $150.00 $155.00 Cox Sr Analyst III $148.00 $152.00 $157.00 $162.00 $167.00
Sr Analyst IV / Manager I $162.00 $167.00 $172.00 $177.00 $182.00 SME I / Manager II $173.00 $178.00 $183.00 $188.00 $194.00 Sronce SME II / Manager III $184.00 $190.00 $196.00 $202.00 $208.00 Walsh SME III / Sr. Manager I $194.00 $200.00 $206.00 $212.00 $218.00 SME IV / Sr. Manager II $215.00 $221.00 $228.00 $235.00 $242.00 Proposal Assumptions
To provide on-call consulting services, Cloudburst makes the following assumptions:
● Cloudburst will provide technical assistance to staff based on Turlock's needs. ● Cloudburst’s Project Manager will determine and identify appropriate staff to assist the City and a
ddress TA needs, as identified by the City and/or Cloudburst. ● C
loudburst and City staff will work collaboratively to identify training and TA priorities and to de
velop a schedule following contract execution.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

● All program staff will bill at a rate consistent with their labor category. ● Requests for TA received by Cloudburst will be acknowledged within two business days. ● An alternate point of contact will be established should the primary point of contact be unavailable.
● Cloudburst will submit monthly invoices for costs incurred. ● This proposal remains active for 60 days from the date of submission.

Docusign Envelope ID: 039F9FC9-BFC6-8A2E-8333-4C23212EA54B

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: Awarding bid and approving an Agreement with Living Water Well Drilling of Merced, California in the amount of $177,000.00 and authorizing a construction contingency amount of $17,700 (10.0%) for the construction of City Project No. 24-003A "Downtown PCE Remediation - Drill Test Hole in Downtown Area" to be funded by Fund 423 "PCE Downtown (Prop 1 Grant)"

Resolution: Determining the award of bid for the construction of City Project No. 24-003A "Downtown PCE Remediation - Drill Test Hole in Downtown Area" is exempt from the provisions of CEQA in accordance with Section 15306 (Information Collection) of the CEQA Guidelines

2. NARRATIVE:

Tetrachloroethylene (PCE), a volatile organic compound, is a solvent that is used in the dry- cleaning process. Since 1994, the City of Turlock has been addressing a plume of PCE contamination in the groundwater in the downtown area. The downtown PCE remediation project consists of remedial investigation, design, and future construction work to install treatment facilities to remove PCE from both groundwater and soil. The City has been awarded two Proposition 1 grants through the State Water Resources Control Board (SWRCB); one for planning and another for implementation (design and construction). The scope of work included in the grant related to planning activities has been completed. In August 2025, EKI Environment & Water, Inc. was awarded a contract for public outreach, right of way services, and engineering design for future facilities that will remediate PCE under the Proposition 1 implementation grant. EKI is currently performing the following activities:
• Organizing Stakeholder Advisory Group (SAG) and Technical Advisory Committee (TAC) meetings
• Negotiating access agreements with private property owners • Additional sampling and testing of soil to determine the best design approach for PCE remediation
• Conceptual layout design
• Researching potential property for purchase for remediation facilities

The scope of work of the Prop 1 implementation grant includes two groundwater wells featuring wellhead treatment facilities. A test hole was drilled in the Spring of 2024 under an on-call agreement with one of the City's geotechnical firms, Kleinfelder. The location of the first test hole is immediately adjacent to the City's water tank and booster pump station site

Agenda Staff Report
7/28/2026

located at 401 3rd Street. This location is being considered for a future permanent groundwater well per the scope of work required under the Prop 1 implementation grant.

A second test hole must be drilled in the downtown area so that the groundwater quality and potential production may be considered for the second required groundwater well with wellhead treatment. EKI and City staff have identified a potential property within the project area for the second test hole at 1034 and 1082 Lander Avenue, adjoining properties which are currently listed for sale. City staff will seek Council's approval to engage in negotiations for purchase of private property for the project at a later time in closed session once property appraisals and test hole data are complete and if properties are recommended as good candidates for future well sites.

City Project No. 24-003A "Downtown PCE Remediation - Drill Test Hole in Downtown Area" was advertised for construction bids on the City's electronic procurement portal, OpenGov, and a Notice to Contractors was published in the Turlock Journal on May 23, 2026. Two bid proposals were received on June 15, 2026.

BIDDER'S SUMMARY

City staff has verified that the bid submitted by Living Water Drilling was responsive to the proposal requirements and have determined that they are a responsible bidder. City staff recommend that Council approve an agreement with Living Water Drilling in the amount of $177,000.

3. FISCAL IMPACT / BUDGET AMENDMENT:

City Project No. 24-003A "Downtown PCE Remediation - Drill Test Hole in Downtown Area" is funded in Fund 423 "PCE Downtown (Prop 1 Grant)” account number 423-52-550.51270 "Construction Project." Project costs are estimated in the table below.

Note that the above table does not include preliminary engineering or construction engineering expenses by City staff or EKI due to these costs being part of the overall project

Agenda Staff Report
7/28/2026

scope to deliver the entire project, and not just individual parts such as the drilling of the second test hole.

All costs related to this project are reimbursable through the Prop 1 grant program. There are adequate budget funds available for the expenses related to this project and no additional budget action is needed.

4. ENVIRONMENTAL DETERMINATION:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 (Information Collection) as the project involves basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

The project will require discharge and disposal of groundwater due to test hole development and zone testing. The contractor is required to remove sediment from the groundwater and discharge groundwater to the sewer system for later treatment and reuse. The contractor is required to obtain a discharge permit from the City's Municipal Services Department for this activity. After test hole drilling and testing is complete, the hole will be filled in and abandoned per Stanislaus County requirements.

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 15306 (Information Collection) is an appropriate exemption.

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

C. Council could approve the Agreement and authorize a different construction contingency amount than recommended by staff.

6. ATTACHMENTS:

1. Draft Resolution

2. Agreement with Living Water Industries

}
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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF DETERMINING THE RESOLUTION NO. 2026-

AWARD OF BID FOR THE CONSTRUCTION OF
CITY PROJECT NO. 24-003A "DOWNTOWN PCE

REMEDIATION - DRILL TEST HOLE IN
DOWNTOWN AREA" IS EXEMPT FROM THE

PROVISIONS OF CEQA IN ACCORDANCE WITH
SECTION 15306 (INFORMATION COLLECTION) OF

THE CEQA GUIDELINES

WHEREAS, City Project No. 24-003A “Downtown PCE Remediation - Drill Test Hole in Downtown Area” involves drilling an 8 inch diameter test hole to investigate water quality and potential well production if developed followed by filling in and abandoning the hole; and

WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 (Information Collection) as the project involves basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for the construction of City Project No. 24-003A "Downtown PCE Remediation - Drill Test Hole in Downtown Area" is exempt from the provisions of CEQA in accordance with Section 15306 (Information Collection) 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,
City of Turlock, County of Stanislaus,
State of California

CITY CONTRACT NO. 2026-162 1
CITY PROJECT NO. CP 24-003
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT

City Project No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Living Water Industries DBA Living Water Well Drilling, a Limited Liability Company (“Contractor”), on Tuesday, July 14, 2026 (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Downtown PCE Remediation - Test Hole in Downtown Area (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: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 2
CITY PROJECT NO. CP 24-003
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 Downtown PCE Remediation - Test Hole in Downtown Area;
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 Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 3
CITY PROJECT NO. CP 24-003
Rev. 08/2025
express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this 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 Downtown PCE Remediation - Test Hole in Downtown Area.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.

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

Exhibit Designation Exhibit Title

1. Exhibit A

2. Exhibit B

3. Exhibit C

4. Exhibit D

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

4. CONTRACT PRICE
City shall pay, and Contractor shall accept in full payment for the work set forth above in SCOPE OF WORK, an amount not to exceed One Hundred Seventy Seven Thousand and No/100th Dollars ($177,000.00) (the “Contract Price”). Said amount shall be paid pursuant to COMPENSATION of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:

A. If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or B. If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or
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C. If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. TIME FOR PERFORMANCE
The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of thirty (30) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of thirty five (35) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.

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

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

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

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

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

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

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

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5.2. EXCUSABLE DELAYS
Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.

5.3. EMERGENCY - ADDITIONAL TIME FOR PERFORMANCE - PROCUREMENT OF

MATERIALS
If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:

A. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or B. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
C. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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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 one thousand and no/100ths dollars ($1,000.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to five hundred and no/100ths dollars ($500.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

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

6. TERMINATION
A. Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in OWNERSHIP OF WORK PRODUCT of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.

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

7. LIABILITY FOR BREACH
Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in OWNERSHIP OF WORK PRODUCT of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

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

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

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

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

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

9. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.

9.1. CLAIMS PROCESSING
Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

9.2. MEET-AND-CONFER CONFERENCE
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement.

9.3. NONBINDING MEDIATION
Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to ARBITRATION OF DISPUTES of this Agreement.

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

10. PERMITS AND CARE OF WORK
Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Special Provisions. Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

11. PUBLIC WORKS AND PAYMENT OF PREVAILING WAGE

11.1. MONITORING AND ENFORCEMENT
In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code.

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

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

13. INSPECTION AND TESTING BY CITY
Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

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

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

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

15. OTHER CONTRACTS
City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. BONDS
Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:

A. Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

B. Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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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
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 13
CITY PROJECT NO. CP 24-003
Rev. 08/2025
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. The policy shall contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

18.4. BUILDER'S RISK INSURANCE
Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. Policy shall be provided for replacement value on an Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 14
CITY PROJECT NO. CP 24-003
Rev. 08/2025
"all-risk" or special causes of loss basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include:
coverage for debris removal and insure the building(s), structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project. The limits shall be to ensure the full replacement value of any property or equipment stored either on or off the project site, or in transit. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. The policy shall allow for and include a waiver of subrogation endorsement in favor of the Insureds.

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

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

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

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

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

18.10. WAIVER OF SUBROGATION
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 15
CITY PROJECT NO. CP 24-003
Rev. 08/2025
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.

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

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

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

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

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

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

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

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 16
CITY PROJECT NO. CP 24-003
Rev. 08/2025
B. Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

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

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

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

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

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

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

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

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 17
CITY PROJECT NO. CP 24-003
Rev. 08/2025
A. Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.

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

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

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

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration.

All administrative remedies required under 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 O. Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456

If to Contractor: Living Water Industries DBA Living Water Well Drilling Attn: Tanner Torell, President
2475 Dunn Road
Merced, CA 95340

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 18
CITY PROJECT NO. CP 24-003
Rev. 08/2025
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:

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

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

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

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

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

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

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 19
CITY PROJECT NO. CP 24-003
Rev. 08/2025

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

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

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

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

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

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

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

39. MANDATORY AND PERMISSIVE
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

CITY CONTRACT NO. 2026-162 20
CITY PROJECT NO. CP 24-003
Rev. 08/2025
“Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

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

41. ATTORNEY'S FEES AND COSTS
Except as expressly provided for in ARBITRATION OF DISPUTES of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

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

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

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 56 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

CONTRACTOR CITY OF TURLOCK, a municipal corporation
**signature_121339**

SIGNATURE
**name_121339**

FULL NAME
**role_121339**
TITLE
**text_121339_8d758f70**

ADDRESS
**text_121339_8394f246**
PHONE
**date_signed_121339**

DATE SIGNED

**signature_121345**

SIGNATURE
**name_121345**

FULL NAME
**role_121345**
TITLE
**date_signed_121345**

DATE SIGNED

APPROVED AS TO SUFFICIENCY:
**signature_121346**

SIGNATURE
**name_121346**

FULL NAME
**role_121346**
TITLE
**date_signed_121346**

DATE SIGNED

**signature_121347**

SIGNATURE
**name_121347**

FULL NAME
**role_121347**
TITLE
**date_signed_121347**

DATE SIGNED

APPROVED AS TO FORM:

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324 2475 Dunn Road , Merced CA 95340
209 355-5640
7/13/2026
President
Tanner Torell
RCE, PLS, City Engineer
William D. Morris

**signature_121348**

SIGNATURE
**name_121348**

FULL NAME
**role_121348**
TITLE
**date_signed_121348**

DATE SIGNED

ATTEST:
**signature_121341**

SIGNATURE
**name_121341**

FULL NAME
**role_121341**
TITLE
**date_signed_121341**

DATE SIGNED

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

Exhibits List
A - A - EXHIBIT A CONTRACTOR’S PROPOSAL FOR SERVICES

B - EXHIBIT B PAYMENT BY FORCE ACCOUNT
C - EXHIBIT C WORKERS’ COMPENSATION INSURANCE CERTIFICATION D - EXHIBIT_D_PERFORMANCE_BOND
E - EXHIBIT_E_PAYMENT_BOND
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

Exhibit A
A - EXHIBIT A CONTRACTOR’S PROPOSAL FOR

SERVICES
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

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

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area
RESPONSE DEADLINE: June 15, 2026 at 4:00 pm
Report Generated: Monday, July 6, 2026

Living Water Industries LLC dba Living Water Well Drilling Response

CONTACT INFORMATION
Company:

Living Water Industries LLC dba Living Water Well Drilling Email:
[email protected]
Contact:

Tanner Torell
Address:
2475 DUNN RD
Merced, CA 95340
Phone:
(209) 769-2477
Website:
https://www.livingwaterindustries.online/
Submission Date:

Jun 11, 2026 12:55 PM (Pacific Time)
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT Invitation For Bid - Downtown PCE Remediation - Test Hole in Downtown Area

ADDENDA CONFIRMATION
Addendum #1
Confirmed Jun 10, 2026 1:41 PM by Tanner Torell

QUESTIONNAIRE

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

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

Confirmed

2. Request for Substitutions*
Pass
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT Invitation For Bid - Downtown PCE Remediation - Test Hole in Downtown Area

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

Confirmed

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

4. INFORMATION REQUIRED OF BIDDER
NUMBER OF YEARS’ EXPERIENCE AS A CONTRACTOR IN CONSTRUCTION WORK OR INSTALLATION WORK SIMILAR TO THAT REQUIRED IN THESE SPECIFICATIONS.*
Pass
11 NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Pass
Tanner Torell
DATE OF INSPECTION*
Pass
06/11/2026
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT Invitation For Bid - Downtown PCE Remediation - Test Hole in Downtown Area

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

REFERENCE #1: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.* Pass
Interconnected Surface Water Triple Completion Monitoring Well REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* Pass
Groundwater Monitoring Well Installation, Development, and Environmental Drilling Services REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* Pass
Merced County Department of Public Works, 345 W. 7th Street Merced, CA 95341 (209) 385-7601 REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?* Pass
Luhdorff and Scalmanini, Consulting Engineers- Andrew Francis REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
Pass
$155,000
Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT Invitation For Bid - Downtown PCE Remediation - Test Hole in Downtown Area

REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
NA
REFERENCE #1: DATE OF PROJECT COMPLETION
Pass
09/25/2025
REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

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

Pass
25-37-MS-Installation of a Triple Completion Set of Interconnected Surface Water Monitoring Wells REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Pass
Groundwater Monitoring Well Installation, Development, and Environmental Drilling Services REFERENCE #2: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Pass
County of Stanislaus Purchasing Division, 1010 10th St. Suite 5400 Modesto, California (209) 525-6503 REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 24-003
Downtown PCE Remediation - Test Hole in Downtown Area

[LIVING WATER INDUSTRIES LLC DBA LIVING WATER WELL DRILLING] RESPONSE DOCUMENT REPORT Invitation For Bid - Downtown PCE Remediation - Test Hole in Downtown Area

Pass
Luhdorff and Scalmanini, Consulting Engineers- Andrew Francis REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.

Pass
$124,500.00
REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) Pass
NA
REFERENCE #2: DATE OF PROJECT COMPLETION
Pass
03/28/26
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

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

Pass
MIUGSA 2025-01 Filling Data Gaps - New Monitoring Well Installations REFERENCE #3: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Docusign Envelope ID: 51252ACC-31B8-8D92-828D-CFD691004324