Turlock City Council
August 11, 2026

City Council Meeting
Agenda
August 11, 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
J. 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, August 11, 2026
Next City Council Resolution: 2026-101 Next Ordinance: 1351-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, August 11, 2026
Next City Council Resolution: 2026-101 Next Ordinance: 1351-CS

1. CALL TO ORDER

2. SALUTE TO THE FLAG

3. ROLL CALL AND DECLARATION OF CONFLICTS

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

5. PROCLAMATIONS, RECOGNITIONS, ANNOUNCEMENTS, PRESENTATIONS, AND

BRIEFINGS
A. Recognition: Rylee Ramos
B. Presentation: City Treasurer Investment Portfolio Review

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 July 10, 2026 Through July 16, 2026 in the Amount of $5,412,247.45
B. Accepting the Minutes of the July 28, 2026 City Council Meeting C. Accepting Improvements for City Project No. 23-046 "Well No. 29 Chlorination" and Authorizing City Engineer to File a Notice of Completion (Engineering) D. 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) E. Declaring the Intention to Order Annexation No. 36 for the Property Located at 145 Twentieth Century Blvd, (Stanislaus County Assessor’s Parcel 042-011-049), to Existing Community Facilities District No. 2 (Services Mitigation) (Development Services) F. Authorization to Purchase the Meridian Archer 1200 Hostile Vehicle Mitigation Barrier System for a Total not to Exceed Amount of $388,476.98 (Municipal Services)

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, August 11, 2026
Next City Council Resolution: 2026-101 Next Ordinance: 1351-CS G. Approving an Agreement Between Golden State Communications and the City of Turlock, in an Amount not Exceed $600,000 for Annual Subscriber Radio Maintenance for the Period of July 1, 2026 Through June 30, 2030 (Police)
H. Determining City Project No. 25-064 “Senior Center Parking Lot Improvements” is Exempt from CEQA, Awarding Bid and Approving an Agreement with Tosted Asphalt, Inc., of Fresno, California in the Amount of $155,693.02 and Authorizing a Construction Contingency Amount of $15,569.30 (10%)(Engineering)

7. FINAL READINGS

8. PUBLIC HEARINGS
A. Approving the Engineer’s Report and Confirming Diagrams, Assessments, and Ordering the Levying and Collection of Assessments as Originally Proposed for Fiscal Year 2026-2027 for all Landscaping and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock Pursuant to Resolution No. 97-128 (Engineering)

9. ACTION ITEMS
A. Awarding Bid and Approving an Agreement with Teichert Construction in the Amount of $20,280,558.00 and a Contingency Amount of $2,028,000.00 (10%) to be Funded by Fund 115 “Measure A - Roads” Bond Proceeds, Fund 215 “Streets - Grant Funded Projects”, and Fund 218 “Measure L” for Construction of City Project No. 23-052 “Mark Thomas Task Order No. 2 for Roads Program - Geer Road” (Roads Program)
B. Approving Amendment No. 22 for Task Order No. 7A Under the Terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc. for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $3,676,805.76 for City Project No. 23-052 (Roads Program) C. General Plan Amendment 2026-01, Introduction of Ordinance Amendment 2026-01 & Rezone 2026-01 (Housing Element): Council to consider Adoption of the 2023-2031 Housing Element, Amendments to the Land Use and Economic Development Element of the General Plan to Incorporate the Commercial Residential Mixed-Use Designation (CRMU), and Changes to the General Plan Designation of Multiple Properties to CRMU as Well as First Reading and Introduction of the Ordinance for Adoption of the Addition of Article 6 to Chapter 9-3 of the Municipal Code to Establish Standards for the CRMU District and Rezoning of Multiple Properties to CRMU.

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

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, August 11, 2026
Next City Council Resolution: 2026-101 Next Ordinance: 1351-CS placed on a future agenda.

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

A. Monthly Department Reports

12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS

13. CLOSED SESSION
A. Threat to Public Services, Public Facilities, Critical Infrastructure Controls, Critical Infrastructure Information Relating to Cybersecurity, Cal. Gov’t Code §54957(a)(1) “This chapter does not prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or other law enforcement or security personnel, 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, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity.”
Consultation with: City Attorney Katie Lucchesi, and IT Director Nicklaus Showalter 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

15. ADJOURNMENT

City of Turlock
Investment Portfolio
Review
Michael Abram, PhD, CFA
City Treasurer
August 11, 2026

City of Turlock’s Investment Policy
• Establishes priority of objectives

1. Safety of principal

2. Liquidity to meet cash flows

3. Return on investment
• “Prudent investor” standard
• Specifies authorized
investments
• Safekeeping arrangements
• Monthly Treasurer’s reports
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

Bond Market Overview
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

Bond Market Overview
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

1 st Objective: Safety of principal
Investment Types 6/30/26 Market Value Portfolio Allocation U.S. Treasuries $ 126,658,617.35 38.50%
U.S. Agencies $ 85,885,090.43 26.11%
Money Markets and Mutual Funds $ 38,320,525.72 11.65%
Corporates $ 31,601,110.50 9.61%
California Asset Management Program
(CAMP) $ 24,267,582.64 7.38%
Demand Deposits $ 11,010,103.07 3.35%
Local Agency Investment Fund (LAIF) $ 10,459,713.63 3.18% CDs $ 745,710.10 0.23%
Grand Total $ 328,948,453.44 100.00%
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

2 nd Objective: Liquidity to meet cash
flows
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

3 rd Objective: Return on investment
Return during the period
7/1/25-6/30/26 (1 year)
Investment Portfolio:
+ 3.13% (IRR on market value)
+ $9,673,041.58
Benchmarks:
+ 3.91% (SGOV: iShares 0-3 month Treasury
ETF)
+ 2.78% (SHY: iShares 1-3 year Treasury ETF)
Forward-looking measure of
expected return
Investment Portfolio:

4.03% (Yield to Maturity)

1.97 years (Average Maturity)
Benchmarks:

3.54% (SGOV: iShares 0-3 month Treasury
ETF)

4.00% (SHY: iShares 1-3 year Treasury ETF)
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

Questions?
[email protected]
8/11/26 Investment Portfolio Review presented by Michael Abram, City Treasurer

City Council Staff Report
August 11, 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: Accepting improvements for City Project No. 23-046 "Well No. 29 Chlorination" and authorizing the City Engineer to file a Notice of Completion.

2. NARRATIVE:

On March 11, 2025, the City Council approved an agreement with Howk Systems of Modesto, California, in the amount of $565,114.00 and authorized a contingency amount of $56,511.40 (10.0%) for construction of City Project No. 23-046 "Well 29 Chlorination." All work for the project has been completed per the approved plans and specifications.

The purpose of this project was to provide permanent chlorination facilities to this well site located at 201 E. Hawkeye Avenue consisting of a chemical storage pad, sodium hypochlorite tank, chemical dosing and analyzer equipment, eye wash station, Supervisory Control and Data Acquisition (SCADA) upgrades, fencing and gates, and replacement of the concrete driveway approach.

Change Orders No. 1 and 2 (Final) were approved by the City Engineer in accordance with the City's change order policy identified in Resolution 2025-007.

Change Order Summary:

A summary of work performed by change order is provided below. • Change Order No. 01 - ($30,749.82)
Amount Approval Date
Original Contract
$565,114.00
March 11, 2025
Change Order No. 01 ($30,749.82) August 27, 2025
Change Order No. 02 (Final) $17,041.74 January 23, 2026 Adjusted Total Contract $551,405.92

Agenda Staff Report
8/11/2026
A credit was processed back to the City for material provided by the City that was originally in the contractor's scope to provide. The material was a Remote Telemetry Unit (RTU) in a stainless steel enclosure with various modules that allow for SCADA functionality for the chlorination facilities at the well site.
• Change Order No. 02 - $17,041.74
This change order included additional work on the RTU referenced in Change Order No. 1 to modify it to work for this well site and for removal and replacement of curb and asphalt due to the new orientation of the fencing and gates installed for the project.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The project account is 420-52-551.51313 "Well Rehabilitation." The total project costs are presented below:

The project costs are expended as follows:

The project has adequate funding and no budget action is needed.

Agenda Staff Report
8/11/2026

4. ENVIRONMENTAL DETERMINATION:

A Mitigated Negative Declaration (MND) was filed on December 20, 2020 for City Project No. 20-027 "Citywide Chlorination" in accordance with the California Environmental Quality Act (CEQA). This MND includes Well 29, even though permanent chlorination facilities weren't included in the scope of work of City Project No. 20-027 "Citywide Chlorination." Engineering Division staff has coordinated with Planning Division staff and has confirmed that the MND previously filed for the citywide chlorination project may be utilized for this project at Well 29.

5. ALTERNATIVES:

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

6. ATTACHMENTS:

1. Notice of Completion

2. Final Quantities

RECORDED AT THE REQUEST OF:

CITY OF TURLOCK
WHEN RECORDED MAIL TO:

CITY OF TURLOCK

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

NOTICE OF COMPLETION
CITY PROJECT NO. 23-046
WELL NO. 29 CHLORINATION
Notice is hereby given that work on the above-referenced project located at 201 E.

Hawkeye Avenue in Turlock, California, was completed by the undersigned agency on August 11th, 2026. The contractor of work is Howk Systems, Inc. of Modesto, California, 95354 and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California, 95380. Kindly refer to said Project Number on all communications relating to this work.

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

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

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

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

CITY ENGINEER
OWNER’S AGENT
Executed on August 12th, 2026 at Turlock, California, Stanislaus County

FINAL QUANTITIES
City Project No: 23-046Project Title: Well 29 Chlorination Item Unit Contractor's Final Actual Final Actual Bid Bid Total No. of Measure Unit Price Quantities Amount Quantities Amount Difference 1 LS 15,480.00$ 1.00 15,480.00$ 1.00 15,480.00$ -$ 2 LS 8,060.00$ 1.00 8,060.00$ 1.00 8,060.00$ -$ 3 LS 31,734.00$ 1.00 31,734.00$ 1.00 31,734.00$ -$ 4 LS 101,070.00$ 1.00 101,070.00$ 1.00 101,070.00$ -$ 5 LS 106,532.00$ 1.00 106,532.00$ 1.00 106,532.00$ -$ 6 LS 196,220.00$ 1.00 196,220.00$ 1.00 196,220.00$ -$ 7 LS 81,718.00$ 1.00 81,718.00$ 1.00 81,718.00$ -$ 8 LS 8,400.00$ 1.00 8,400.00$ 1.00 8,400.00$ -$ 9 LS 8,400.00$ 1.00 8,400.00$ 1.00 8,400.00$ -$ 10 LS 7,500.00$ 1.00 7,500.00$ 1.00 7,500.00$ -$
565,114.00$ 565,114.00$ -$
C.O. #

1.1 LS (30,749.82)$ 1.00 (30,749.82)$ 0.00 -$ (30,749.82)$ 2.1 LS 14,102.34$ 1.00 14,102.34$ 0.00 -$ 14,102.34$ 2.2 LS 2,939.40$ 1.00 2,939.40$ 0.00 -$ $2,939.40 (13,708.08)$ -$ (13,708.08)$
TOTAL PROJECT = 551,405.92$ 565,114.00$ (13,708.08)$
Traffic ControlSite PipingChemical Storage Building and PadChlorination Equipment (Pumps, Tanks, Analyzers)Electrical, Instrumentation, and ControlsSite Civil ImprovementsStartup and TestingOperations and Maintenance ManualsCHANGE ORDERSWCD #1 - PLC supplied by CityWCD #2 - Additional work on RTU panel and enclosureRemove curb block and asphalt patching SUB-TOTAL CHANGE ORDER ITEMS =
Mobilization and Demobilization
SUB-TOTAL CONTRACT ITEMS =
Item Description
As-Built Drawings

City Council Staff Report
August 11, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Stephen Fremming, P.E., Principal Civil Engineer Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Reaffirming the determination made by the City Manager in response to the emergency created by the inoperative freezer unit at the Animal Control Facility and finding that the emergency will not permit a delay resulting from a competitive solicitation for bids pursuant to Public Contract Code Section 22050(c)(2)

2. NARRATIVE:

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

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

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

Per Public Contract Code Section 22050(c)(2), the Council must determine at every regularly scheduled meeting after the declaration is made, by a four-fifths vote, that there is a need to

Agenda Staff Report
8/11/2026
continue the action until such time that conditions warrant that the continuing determination is no longer needed.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total estimated project costs are displayed below.

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

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

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

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

B. Provide staff with direction on how to proceed.

6. ATTACHMENTS:

1. Emergency Declaration

City Council Staff Report
August 11, 2026
From: Adrienne Werner, Development Services Director
Prepared by: Katie Bailey, Assistant Planner
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Resolution: Declaring the Intention to Order Annexation No. 36 for the property located at 145 20th Century Boulevard, (Stanislaus County Assessor’s Parcel 042-011-049), to Existing Community Facilities District No. 2 (Services Mitigation)

2. NARRATIVE:

In October 2004, the City completed a Fiscal Impact Analysis of new residential development on General Fund–supported services including police, fire, park maintenance, and planning. The analysis determined that General Fund revenues were insufficient to maintain both existing service levels and those envisioned in the General Plan. In response, the City Council adopted Resolution No. 2004-189, requiring that all new residential development not otherwise entitled under existing zoning be annexed into a Community Facilities District (CFD), commonly referred to as a Mello-Roos District, as a condition of project approval.

On October 26, 2004, the City Council established Turlock Community Facilities District No. 2 (CFD #2) to generate additional General Fund revenue through a special tax levied on residential properties. CFD #2 was phased in over a ten-year period. In 2013, the City Council authorized the retention of Economic Planning Systems, Inc. to evaluate the adequacy of the CFD #2 tax under then-current economic and fiscal conditions. The study concluded that the existing tax rates were sufficient to mitigate the public service impacts associated with new residential development. Concurrently, the City Council adopted an ordinance establishing policies and procedures governing annexation into CFD #2. Under this ordinance, any residential project within the City limits that could result in the development of one or more dwelling units—and that requires approval of a parcel map, subdivision map, General Plan amendment, rezone, planned development, area-wide plan, annexation, or discretionary permit pursuant to applicable provisions of the Turlock Municipal Code—must mitigate increased demand on public services (including police, fire, and park maintenance) by annexing into CFD #2.

Annexation No. 36
Annexation No. 36 proposes to annex an approximately 1.92-acre residential parcel into CFD #2. Minor Discretionary Permit 2021-04 authorized the development of a 36-unit apartment complex located at 145 Twentieth Century Boulevard (Stanislaus County Assessor’s Parcel No. 042-011-049). Annexation to CFD #2 is a required condition of approval for the development of the apartment complex.

The annexation process will be conducted over two City Council meetings. The first meeting initiates the proceedings, and it includes adoption of a Resolution of Intention. The second

Agenda Staff Report
8/11/2026
meeting, tentatively scheduled for September 22, 2026 includes the public hearing and property owner election. Because fewer than 12 registered voters reside within the proposed annexation area, the election may be held immediately following the public hearing. A certificate confirming that 12 or fewer registered voters reside within the annexation area has been filed with the City Clerk, as required by law.

The services funded by CFD #2—police, fire, and park maintenance—remain consistent with those identified at the time of the district’s formation.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Annexation into CFD #2 will generate additional revenue to support General Fund-supported services. The special taxes on dwellings annexed into CFD #2 are not levied until the issuance of a Certificate of Occupancy for the dwellings. Accordingly, revenue generation is directly tied to the timing of development and occupancy. For Fiscal Year 2026-2027 the annual special tax is $607 per multifamily unit and $775 per single-family unit. The special tax is subject to an annual 2% escalation, as established in the Rate and Method of Apportionment.

4. ENVIRONMENTAL DETERMINATION:

The recommended action does not constitute a project pursuant to the California Environmental Quality Act (CEQA) Section 15378. The proposed action is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

5. ALTERNATIVES:

1. The Council may choose to not adopt the Resolution of Intent to order the annexation of the subject parcel into CFD #2. Staff does not recommend this alternative as this would provide no additional General Fund revenues to mitigate the additional service needs generated by the development of the multi-family residential project.

2. Defer the annexation proceedings to a later date. City staff does not recommend this option because annexation into CFD #2 is a condition of approval for the project. Deferring the annexation to a later date delays the construction of the project as Annexation into CFD #2 must be completed prior to the issuance of a building permit.

6. ATTACHMENTS:

1. Resolution of Intent

2. Boundary Map

RESOLUTION NO. 2026-

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

RESOLUTION IN THE MATTER OF DECLARING THE INTENTION TO ORDER ANNEXATION NO. 36 FOR THE PROPERTY LOCATED AT 145 20TH CENTURY BOULEVARD (STANISLAUS COUNTY APN 042-011-049) TO THE EXISTING COMMUNITY FACILITIES DISTRICT NO. 2 (SERVICES MITIGATION) WHEREAS, this City Council (this “Council”) proposes to annex certain real property more accurately known as 145 20th Century Boulevard, (Stanislaus County Assessor’s Parcel 042-011-049), the “Subject Property”, to the existing community facilities district known as “City of Turlock Community Facilities District No. 2 (Services Mitigation)” (“CFD No. 2”) as authorized by Article 3.5 of the Mello-Roos Community Facilities Act of 1982 (the “Act”); and

WHEREAS, the boundaries of CFD No. 2 are set forth on the boundary map for CFD No. 2, recorded on November 10, 2004, in Volume 3 of Maps of Assessment and Community Facilities Districts, page 3, official records of the Stanislaus County Recorder; and WHEREAS, the boundaries of the Subject Property are shown on a map entitled “Proposed Boundary, Annexation No. 36, Community Facilities District No. 2,” which is on file with the City Clerk (the “Clerk”); and
WHEREAS, Sections 53339.2 and 53339.3 of the Act provides that legal proceedings for the annexation of property to a community facilities district pursuant to the Act shall be instituted by the adoption of a resolution of this Council declaring its intention as provided hereafter in this resolution;
WHEREAS, the action does not constitute a project pursuant to the California Environmental Quality Act (CEQA) Section 15378. The proposed action is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment and would not make any changes in current policy or regulations.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:

1. This Council hereby finds and determines that public convenience and necessity require that the Subject Property be annexed to the existing territory of CFD No.

2. 2. The types of services proposed to be provided within the Subject Property are the same as for the existing area of CFD No. 2.

3. The plan for providing authorized services within the existing area and the Subject Property shall be the plan presently in existence, as the same may be revised from time to time by the City of Turlock (the “City”) or any agency of the City through which the City provides the authorized services.

4. Except where funds are otherwise available, a special tax will be annually

levied on the Subject Property. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property included in the Subject Property, and this lien shall continue in force and effect in perpetuity or until the levy and collection of the special tax obligation by the City ceases. The rate and method of apportionment of the special tax shall be as previously established for CFD No. 2.

5. On the basis of the written consent and waiver form submitted to and on file with the Clerk by the Owner, as the landowner of 100% of the Subject Property, this Council hereby sets this same date, as soon as the matter may be heard following adoption of this resolution, in the Council Chambers located at City Hall, 156 South Broadway, Turlock, California, as the time and place for the public hearing on the proposed annexation. At the hearing, testimony of all interested persons and taxpayers for or against the proposed annexation will be heard and protests will be considered from both registered voters, if any, residing within CFD No. 2 and persons owning real property within CFD No. 2. As provided by the Act, written protests by a majority of the registered voters, if any, but including a minimum of six registered voters, or by the owners of a majority in area of the land within either the existing CFD No. 2 or the proposed annexation area will constitute a “majority protest” and will require the suspension of proceedings for at least one year. Written protests must be filed with the Clerk at or before the time fixed for the hearing.

6. It is anticipated that the special tax will be billed as a separate line item on the regular property tax bill of the County of Stanislaus. However, this Council reserves the right, under Section 53340, to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.

7. On the basis of the information set forth in that certain certificate entitled “Certificate re Registered Voters and Landowners,” on file with the Clerk, in the event that an election is held in these proceedings, it is the intention of this Council that the elector will be the Owner, as the sole landowner within the area of the Subject Property in accordance with Section 53339.7 of the Act.

8. This Council hereby authorizes and directs the publication by the Clerk of a notice of hearing, containing the matters specified by Section 53322 of the Act, one time in a newspaper in general circulation in the area of CFD No. 2, said publication to be completed no later than seven days prior to the date of the public hearing.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 11th day of August, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock

City Council Staff Report
August 11, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Christopher Fisher, Municipal Services Director Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Authorizing the purchase of the Meridian Archer 1200 Hostile Vehicle Mitigation Barrier System, including associated barrier units, trailer, deployment equipment, gates, arrestor cables, accessories, manufacturer training, shipping, and related appurtenances, for a total not to exceed amount of $388,476.98, from Meridian Rapid Defense Group without compliance to formal bid procedures in accordance with Turlock Municipal Code Section 2- 7-8(b)(2), and authorizing the City Manager to execute all documents necessary to complete the purchase.

2. NARRATIVE:

The City of Turlock is responsible for protecting the public, employees, and critical infrastructure during community events, emergency incidents, planned street closures, and other situations where temporary vehicle access restrictions are necessary. As vehicle intrusion incidents have become an increasing concern nationwide, public agencies are implementing Hostile Vehicle Mitigation (HVM) systems to improve safety at special events, civic facilities, and other vulnerable locations.

Historically, temporary street closures within the City have relied on traffic control devices and conventional barricades. While effective for traffic control, these devices are not designed or crash-tested to prevent unauthorized vehicle intrusion into pedestrian areas. As community events continue to grow and public safety practices evolve, staff evaluated commercially available HVM systems capable of providing portable crash-rated protection while maintaining operational flexibility.

Following its evaluation, staff determined that the Meridian Archer 1200 Hostile Vehicle Mitigation System best meets the City's operational requirements. The proposed system provides a portable, reusable barrier solution that can be rapidly deployed by City staff for planned events, emergency incidents, and temporary roadway closures. In addition to the barriers themselves, the proposed purchase includes deployment trailers, gate systems for emergency and authorized vehicle access, arrestor cables, deployment equipment, training, and related accessories necessary for safe and effective operation.

Meridian Rapid Defense Group has certified that it is the sole manufacturer and distributor of the Archer 1200 Barrier System and the only provider of the associated deployment equipment, gate systems, and manufacturer training within the United States. The Archer 1200 Barrier is manufactured in the United States and has been independently tested to recognized hostile vehicle mitigation standards, including MASH, ASTM, PAS 68, and IWA

14. According to the manufacturer, the system provides unique capabilities not available from other commercially available portable barrier systems, including unanchored crashrated protection, modular expansion using arrestor cables, rapid deployment without

Agenda Staff Report
8/11/2026
electricity or hydraulics, and integrated gate systems that allow emergency and authorized vehicles to enter or exit secured areas without removing the barriers. These proprietary features make the Archer system uniquely suited to the City's operational needs and support the use of the City's sole source procurement provisions.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total purchase cost is $388,476.98, including barrier units, deployment accessories, manufacturer training, shipping, and applicable sales tax.

Funding is available using the following accounts:
$38,476.98 217-50-510.4401_000 Gas Tax - "Supplies General" $350,000 119-10-188.51270 American Rescue Plan Act

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

A. Council could choose to decline to approve the purchase and provide alternative direction to staff.

B. Council could direct staff to conduct a competitive procurement process. Staff does not recommend this alternative because staff does not believe a competitive solicitation would identify another system capable of meeting the City's complete operational requirements.

6. ATTACHMENTS:

1. Quote

Meridian Rapid Defense Group Sales LLC
177 E. Colorado Blvd
Suite 200
Pasadena CA 91105
United States
Quote
#QUO-S-13097
GSA Contract #47QSWA19D001F 07/02/2026
QUO-S-13097
1 of 2
Bill To Ship To
City of Turlock
156 South Broadway
Turlock CA 95380
United States
City of Turlock
Att. David Barr
Corporation Yard
701 S Walnut
Turlock CA 95380
United States
Date Expires Shipping Method Sales Rep
07/02/2026 09/30/2026 Common Carriers - Sales John O Joly Item Price Level Quantity Rate Amount
T1000 Archer T-1000 Drop Deck Trailer GSA 3 34,247.85 $102,743.55 AB1200 Archer 1200 Barrier GSA 25 6,513.75 $162,843.75
RG Archer Rapid Gate Kit GSA 2 12,540.18 $25,080.36
AMHA003-2 Archer Manual Hauler 2.0 GSA 3 1,925.18 $5,775.54 AFTB001 Archer Field Tow Bar GSA 3 574.18 $1,722.54
AACN4F022 4’ Arrestor Cable 2.0 GSA 22 574.18 $12,631.96 ACP001ADA 3 Channel ADA Cable Protector (1
Piece)
GSA 44 287.09 $12,631.96
AMB1200WS Wayfinding Frame GSA 25 574.18 $14,354.50
WF2STP W/F Insert - Stop GSA 25 37.24 $931.00
WF4PTO W/F Insert - Pedestrian Traffic
Only
GSA 25 37.24 $931.00
AGP001 Graphics Package GSA 25 56.94 $1,423.50
MCTR002 Annual Certified Training Open Market 1 3,995.00 $3,995.00 Subtotal $345,064.66
Shipping Cost $13,995.00
Tax (8.63%) $29,417.32
Total $388,476.98
Notes:

Meridian is offering a 6-month complementary subscription to our Vehicle Safety Mitigation Program (VSMP). Please reach out to Jeremy Gardner at [email protected] for additional information.

Payment Terms:

Due to high demand, Meridian is requesting a 50% deposit to ensure timely delivery of your product.

Meridian Rapid Defense Group Sales LLC
177 E. Colorado Blvd
Suite 200
Pasadena CA 91105
United States
Quote
#QUO-S-13097
GSA Contract #47QSWA19D001F 07/02/2026
QUO-S-13097
2 of 2
Wire Transfer Instructions:

Meridian Rapid Defense Group Sales LLC
Account Number: 568605235
Bank Name: Chase Bank, N.A.

Wire Routing : 021000021
ACH Routing : 322271627

City Council Staff Report
August 11, 2026
From: Jason Hedden, Police Chief
Prepared by: Amanda Fortado, Support Operations Manager Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Approving an agreement between Golden State Communications and the City of Turlock, in an amount not exceed $600,000 for annual subscriber radio maintenance for the period of July 1, 2026 through June 30, 2030, where funding is budgeted in the respective departments funds.

2. NARRATIVE:

The City of Turlock has been using Motorola radio equipment for numerous years and has been contracted for maintenance of the radio system by Motorola directly since October 2023. Previously, the Motorola agreement included maintenance of the portable and mobile radios which Motorola assigned to a certified Motorola vendor, Golden State Communications, to complete. However, due to changing contract terms, Motorola is now only providing the annual maintenance of the main radio infrastructure. Maintenance of portables and mobiles now needs to be contracted in a separate agreement with Golden State Communications.

Due to the change in the Motorola agreement, staff is seeking approval of an agreement with Golden State Communications for citywide subscriber maintenance, including annual preventive maintenance.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The Purchasing Division has made the determination that this item does not require a competitive procedure due to TMC 2-7-08 (b) (2) that states, bidding is not required when supplies, materials, equipment, or services can be obtained from only one (1) vendor. Staff has included an additional $60,000 in the agreement total for work agreed upon between both parties, but outside the scope of the preventive maintenance work.

Funding for this agreement has been budgeted in the respective department’s and funds to accounts:
116-20-225.43228_002
116-30-305.43228_002
410-51-530.43228_002
420-52-550.43228_002
410-51-530.43228_002
420-52-550.43228_002
505-50-525.43228_002
425-40-415.43228_002

Agenda Staff Report
8/11/2026
426-40-415.43228_002
426-40-415.43228_002
410-51-531.43228_002
420-52-550.43228_002
110-60-600.43228_002

4. ENVIRONMENTAL DETERMINATION:

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

5. ALTERNATIVES:

Alternative 1: Reject the agreement and direct staff to issue a solicitation. This would delay the necessary service required and Golden State is the certified vendor assigned by Motorola.

Alternative 2: Approve a reduced scope of work with corresponding cost adjustments. This would limit expenditures but will narrow the scope of maintenance provided.

6. ATTACHMENTS:

1. Agreement - Exhibit A

SE City of Turlock Annual Subscriber Radio
Maintenance Agreement
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 1/11

City of Turlock
244 N. Broadway
Turlock, California 95380
United States
Amanda Fortado
[email protected]
2096563147
Madeline Correia
[email protected]
(209)668-5550 x 6345
Bill to Address: 1418 N. Golden State Blvd., STE 1, Turlock, CA 95380
Payment Terms:

Quote created: June 15, 2026
Quote expires: September 30, 2026
Golden State Communications and Communication Rental
Services
978 Rincon Circle
San Jose, CA 95131
Phone: 800-774-6535
Prepared by: Matt
Sales Rep
[email protected]
Reference: 20260615-130522922
Ship to Address: 244 N. Broadway, Turlock, CA 95380
Ship to Contact Name: Amanda Fortado
Ship to Email and Number: [email protected]

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -
PD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
264 $209.00
/ year
$55,176.00 / year
0010.00.300 Subscriber Radio Maintenance -
FD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
122 $209.00
/ year
$25,498.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 2/11

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -
CSUS
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
61 $209.00
/ year
$12,749.00 / year
0010.00.300 Subscriber Radio Maintenance -

TRANSIT
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
37 $209.00
/ year
$7,733.00 / year
0010.00.300 Subscriber Radio Maintenance -

PARKS & REC
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
61 $209.00
/ year
$12,749.00 / year
0010.00.300 Subscriber Radio Maintenance -

UTILITIES
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
20 $209.00
/ year
$4,180.00 / year
0010.00.300 Subscriber Radio Maintenance -
MUNI
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
4 $209.00
/ year
$836.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 3/11

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -
TUSD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 1
31 $209.00
/ year
$6,479.00 / year
0010.00.300 Subscriber Radio Maintenance -
PD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
264 $219.00
/ year
$57,816.00 / year
0010.00.300 Subscriber Radio Maintenance -
FD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
122 $219.00
/ year
$26,718.00 / year
0010.00.300 Subscriber Radio Maintenance -
CSUS
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
61 $219.00
/ year
$13,359.00 / year
0010.00.300 Subscriber Radio Maintenance -

TRANSIT
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
37 $219.00
/ year
$8,103.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 4/11

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -

PARKS & REC
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
61 $219.00
/ year
$13,359.00 / year
0010.00.300 Subscriber Radio Maintenance -

UTILITIES
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
20 $219.00
/ year
$4,380.00 / year
0010.00.300 Subscriber Radio Maintenance -
MUNI
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
4 $219.00
/ year
$876.00 / year
0010.00.300 Subscriber Radio Maintenance -
TUSD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 2
31 $219.00
/ year
$6,789.00 / year
0010.00.300 Subscriber Radio Maintenance -
PD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
264 $230.00
/ year
$60,720.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 5/11

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -
FD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
122 $230.00
/ year
$28,060.00 / year
0010.00.300 Subscriber Radio Maintenance -
CSUS
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
61 $230.00
/ year
$14,030.00 / year
0010.00.300 Subscriber Radio Maintenance -

TRANSIT
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
37 $230.00
/ year
$8,510.00 / year
0010.00.300 Subscriber Radio Maintenance -

PARKS & REC
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
61 $230.00
/ year
$14,030.00 / year
0010.00.300 Subscriber Radio Maintenance -

UTILITIES
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
20 $230.00
/ year
$4,600.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 6/11

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -
MUNI
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
4 $230.00
/ year
$920.00 / year
0010.00.300 Subscriber Radio Maintenance -
TUSD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 3
31 $230.00
/ year
$7,130.00 / year
0010.00.300 Subscriber Radio Maintenance -
PD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
264 $242.00
/ year
$63,888.00 / year
0010.00.300 Subscriber Radio Maintenance -
FD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
122 $242.00
/ year
$29,524.00 / year
0010.00.300 Subscriber Radio Maintenance -
CSUS
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
61 $242.00
/ year
$14,762.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 7/11

PART NUMBER PRODUCT NAME QUANTITY UNIT PRICE PRICE
0010.00.300 Subscriber Radio Maintenance -

TRANSIT
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
37 $242.00
/ year
$8,954.00 / year
0010.00.300 Subscriber Radio Maintenance -

PARKS & REC
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
61 $242.00
/ year
$14,762.00 / year
0010.00.300 Subscriber Radio Maintenance -

UTILITIES
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
20 $242.00
/ year
$4,840.00 / year
0010.00.300 Subscriber Radio Maintenance -
MUNI
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
4 $242.00
/ year
$968.00 / year
0010.00.300 Subscriber Radio Maintenance -
TUSD
Covers radio brick, antenna,
speaker/palm mic
Includes annual PM
Year 4
31 $242.00
/ year
$7,502.00 / year
7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 8/11

SUMMARY
Annual subtotal $540,000.00
Total $540,000.00
Comments
Obsolete and unsupported equipment is best effort only.

No antenna lines are covered, only labor for troubleshooting of these items.

Physical or intentional damage is not covered.

Acts of god, negligent installs by others or installations not installed to manufacturer's specifications are not covered.

Subscriber radios are repaired during normal business hours only - no after hours repairs on subscribers.

Customer to provide spare equipment.

Mobile vehicle service calls must have the vehicle radio in an accessible location for service. It is expected the radio accessibility is arranged prior to scheduled time tech is on site.

Mobiles - covers main radio unit, mic, power cable, antenna.

Portables - covers radio brick, antenna, speaker mic.

Annual PM included.
5% annual increase for duration of contract term.
$195/hour labor rate per tech where applicable.

TAX NOT INCLUDED
Please note that the quoted price provided in this document is preliminary and subject to change once any applicable taxes, fees, or adjustments have been made. Your acceptance of this quote acknowledges your understanding of these terms. 7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 9/11

Terms & Conditions
This quote is intended for the named party above and not for distribution.

This is a standard quote for products and services composed from information provided by the client, and/or a job walk if requested by the client.

Frequency monitoring provides a snapshot of noise on a specific frequency(s) at the time of testing and does not guarantee against interference.

Golden State Communications will not be held responsible for equipment that fails at the time of service (testing, programming, rebooting, etc.) due to circumstances beyond our control but will provide solutions to solve said failure. Any out-of-scope solutions to solve said failures may result in additional charges which will be presented to the client before deployment.

During the project, equipment will be presented, and access to the site(s) provided in a timely manner to avoid “Stand-bytime charges”. The Customer will be notified if delays become an issue and when stand-by-time charges will be applied.

Due to unforeseen changes in the current national supply chain, there may be longer than normal lead times, as well as changes in pricing.

Quotes have a 30-day expiration period upon receipt unless otherwise stated on the quote. Prices are subject to change due to manufacturing price increases. Projects with timelines over 30 days may also be subject to increases. Please check with your Golden State Communications representative for more information.

Change Order: Any additional service or equipment outside the Scope of Work will be billed at standard time and material rates upon communications with the client.

Prevailing wage is not required or included unless clearly stated on the quote.

Return Policy T&Cs: Equipment may be returned within 30 days of purchase for a full refund, provided it is in the original packaging. If the original packaging is missing or damaged, a 15% restocking fee will apply. After 30 days and up to 60 days, equipment may still be returned, but a 15% restocking fee will apply regardless of packaging.

CUSTOMER RESPONSIBILITIES
The Customer will be responsible for providing any required FCC licenses with appropriate frequencies. The Customer can opt to solicit Golden State’s services for applying for the FCC License(s) accordingly.

The Customer will be responsible for any construction or permits required to commence or complete the project. Such as weather heads, conduits, pathways, ground rods, electrical outlets, network connections, etc. GSCI will provide the customer with a list of known items in advance.

Customer will be responsible for providing approved channel and feature settings within the vendor-client approved timeframe.

Provide a vendor-approved location for radio equipment with reasonable access to the work site(s).

VENDOR – CUSTOMER ONBOARDING
Vendor and Customer will provide each other with the necessary forms, documentation, and contact information quickly and efficiently to complete fully completed Customer and Vendor accounts. Standard documentation to include, but not limited to:

VENDOR: W-9, ACH information for payment purposes, Terms after processing credit CUSTOMER: Legal name, billing address, shipping address, credit references

FINANCIAL TERMS
Payment terms will be reviewed per opportunity.

Unless other terms have been agreed to in advance, the standard term on orders of fifty thousand ($50,000.00) and above will require a 30% deposit upon PO, with 30% due upon equipment arrival to Golden State facility, and the balance upon completion of project or delivery of products with a NET 30 term of balance.

A late fee will be incurred of 2% on invoices 15 days over terms and will compound monthly. 7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 10/11

7/9/26, 10:16 AM SE City of Turlock Annual Subscriber Radio Maintenance Agreement https://hello.goldenstateinc.com/q5vTNIxLBf5IE 11/11

City Council Staff Report
August 11, 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:

Resolution: Determining City Project No. 25-064 “Senior Center Parking Lot Improvements” is exempt from the provisions of CEQA in accordance with Section 15302 of the CEQA guidelines.

Motion: Awarding bid and approving an Agreement with Tosted Asphalt, Inc., of Fresno, California in the amount of $155,693.02 and authorizing a construction contingency amount of $15,569.30 (10%), for City Project No. 25-064 “Senior Center Parking Lot Improvements.”

2. NARRATIVE:

The Turlock Senior Center parking lot, sidewalks, and pedestrian access routes have experienced deterioration over time due to age, wear, and settlement. As a result, portions of the site no longer meet current Americans with Disabilities Act (ADA) accessibility standards, and existing drainage patterns allow stormwater runoff to flow toward the building, contributing to ponding and ongoing maintenance concerns. To address these deficiencies and extend the service life of the facility, the City has identified the need for comprehensive site improvements that enhance accessibility, improve drainage, and rehabilitate the existing pavement.

The project will improve the overall functionality and safety of the Senior Center by correcting parking lot grades to direct stormwater toward the existing drainage system, replacing deteriorated curb, gutter, sidewalk, and ADA curb ramps, and reconstructing accessible parking spaces and pedestrian routes in compliance with current ADA standards. These improvements will reduce long-term maintenance needs while providing a more accessible facility for Senior Center visitors.

The project includes regrading, grinding and overlaying the existing parking lot with hot mix asphalt, selective concrete curb, gutter, and sidewalk removal and replacement, ADA accessibility upgrades, utility adjustments, restriping, and construction of a new trash enclosure.

City staff advertised this project on May 29th, 2026 on the City’s website for construction projects. On June 17th, 2026, nine (9) bid proposals were received for City Project No. 25- 064 “Senior Center Parking Lot Improvements.” Tosted Asphalt, Inc., of Fresno, California, was the lowest responsible bidder with a base bid amount of $155,693.02.

Bid Summary:

Agenda Staff Report
8/11/2026
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with Tosted Asphalt, Inc., of Fresno, California as the lowest responsive, responsible bidder with a bid amount of $155,693.02.

3. FISCAL IMPACT / BUDGET AMENDMENT:

No General Fund money will be used for this project.

The total estimated project costs are displayed below:

Agenda Staff Report
8/11/2026
The breakdown of total estimated project costs by fiscal year is as follows:

The designated project account is Fund 301 Capital Improvements account number 301-50- 520.51300 “Construction Repairs/Improvements.” There is adequate budget for estimated project expenses in Fiscal Year 2026-27 and no additional budget allocation is needed at this time.

4. ENVIRONMENTAL DETERMINATION:

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

C. Council could approve the Agreement with Tosted Asphalt, 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

Agenda Staff Report
8/11/2026
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 2027-039 with Tosted Asphalt, Inc.

RESOLUTION NO. 2026-

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF DETERMINING THE AWARD OF BID FOR CONSTRUCTION OF CITY PROJECT NO. 25-064 “SENIOR CENTER PARKING LOT IMPROVEMENTS” IS

EXEMPT FROM THE PROVISIONS OF CEQA IN ACCORDANCE WITH SECTION 15302 OF THE CEQA GUIDELINES
WHEREAS, City Project No. 25-064 “Senior Center Parking Lot Improvements” includes improvements to the Senior Center parking lot to enhance accessibility, drainage, and overall site functionality; and
WHEREAS, the scope of work involves pavement rehabilitation and regrading, concrete and ADA improvements, utility adjustments, restriping, and the design of a new trash enclosure supported by survey, grading, and drainage analysis; and WHEREAS, Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines provides an exemption for project that consist of replacement or reconstruction of existing structures and facilities where the improvements are on the same site and have substantially the same purpose and capacity.

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. 25-064 “Senior Center Parking Lot Improvements” is exempt from the provisions of CEQA in accordance with Section 15302 of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 11th day of August, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock

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

EVALUATION TABULATION
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
RESPONSE DEADLINE: June 17, 2026 at 2:00 pm
Report Generated: Wednesday, June 17, 2026

SELECTED VENDOR TOTALS
Vendor Total
Tosted Asphalt, Inc $155,693.02
Dynamic Pavement, Inc $186,356.70
United Pavement
Maintenance, Inc
$245,192.91
Zara Construction, Inc. $249,190.20
Mg and jc Concrete $268,176.00
Modernscapes
Innovations
$271,239.00

MARTIN BROTHERS

CONSTRUCTION
$311,729.50
B&M Civil LLC $330,306.00
NorCal Dozers $365,844.70
TABLE 1 (Table 1 of 2)

EVALUATION TABULATION
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements

EVALUATION TABULATION
Invitation For Bid - Senior Center Parking Lot Improvements

Table 1 B&M Civil LLC Dynamic Pavement, Inc MARTIN BROTHERS

CONSTRUCTION
Mg and jc Concrete Modernscapes
Innovations
Selected Line
Item
Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 1 Mobilization and
Demobilization
1 LS $35,000.00 $35,000.00 $4,000.00 $4,000.00 $38,650.00 $38,650.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 X 2 Project Funding
Sign
1 EA $1,250.00 $1,250.00 $1,100.00 $1,100.00 $762.00 $762.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 X 3 Site Erosion
Control
Procedures
1 LS $10,000.00 $10,000.00 $1,500.00 $1,500.00 $3,371.00 $3,371.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 X 4 Remove Existing
Improvements
1 LS $35,000.00 $35,000.00 $17,950.00 $17,950.00 $29,790.00 $29,790.00 $8,000.00 $8,000.00 $25,000.00 $25,000.00 X 5 Earthwork and
Grading
1 LS $27,500.00 $27,500.00 $21,050.00 $21,050.00 $26,282.00 $26,282.00 $13,000.00 $13,000.00 $12,000.00 $12,000.00 X 6 Minor Concrete
(Curb and Gutter
- C-1)
21 LF $120.00 $2,520.00 $60.60 $1,272.60 $105.00 $2,205.00 $90.00 $1,890.00 $115.00 $2,415.00 X 7 Minor Concrete
(Vertical Curb - C1)
219 LF $65.00 $14,235.00 $36.65 $8,026.35 $82.50 $18,067.50 $90.00 $19,710.00 $85.00 $18,615.00 X 8 Minor Concrete
(Sidewalk and
Flatwork - C-3)
1690 SF $19.00 $32,110.00 $9.50 $16,055.00 $25.80 $43,602.00 $23.00 $38,870.00 $26.00 $43,940.00 X 9 Minor Concrete
(Valley Gutter - C1)
74 LF $100.00 $7,400.00 $43.00 $3,182.00 $149.50 $11,063.00 $150.00 $11,100.00 $75.00 $5,550.00 X 10 Minor Concrete
(Commercial
Driveway
Approach - C-8)
1 EA $15,000.00 $15,000.00 $8,550.00 $8,550.00 $11,050.00 $11,050.00 $9,000.00 $9,000.00 $12,500.00 $12,500.00

EVALUATION TABULATION
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements

EVALUATION TABULATION
Invitation For Bid - Senior Center Parking Lot Improvements

Table 1 B&M Civil LLC Dynamic Pavement, Inc MARTIN BROTHERS

CONSTRUCTION
Mg and jc Concrete Modernscapes
Innovations
Selected Line
Item
Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 11 2" AC Grind 2996 SF $3.50 $10,486.00 $3.75 $11,235.00 $6.75 $20,223.00 $6.00 $17,976.00 $4.00 $11,984.00 X 12 Hot Mix Asphalt 88 TON $295.00 $25,960.00 $270.00 $23,760.00 $365.50 $32,164.00 $500.00 $44,000.00 $400.00 $35,200.00 X 13 Aggregate Base 41 CY $420.00 $17,220.00 $220.00 $9,020.00 $312.00 $12,792.00 $150.00 $6,150.00 $100.00 $4,100.00 X 14 Pavement
Striping (Parking
Stripe)
530 LF $9.50 $5,035.00 $5.50 $2,915.00 $2.00 $1,060.00 $10.00 $5,300.00 $17.00 $9,010.00 X 15 Pavement
Striping (ADA
Symbol)
4 EA $470.00 $1,880.00 $225.50 $902.00 $457.00 $1,828.00 $800.00 $3,200.00 $750.00 $3,000.00 X 16 Reinstall ADA
Parking Sign
2 EA $420.00 $840.00 $330.00 $660.00 $457.00 $914.00 $300.00 $600.00 $600.00 $1,200.00 X 17 ADA Parking Sign 2 EA $420.00 $840.00 $330.00 $660.00 $305.00 $610.00 $500.00 $1,000.00 $800.00 $1,600.00 X 18 Refuse and
Recycle Bin
Enclosure
1 EA $55,000.00 $55,000.00 $38,955.00 $38,955.00 $39,562.00 $39,562.00 $43,500.00 $43,500.00 $45,000.00 $45,000.00 X 19 Concrete Wheel
Stop
19 EA $195.00 $3,705.00 $77.00 $1,463.00 $132.00 $2,508.00 $120.00 $2,280.00 $200.00 $3,800.00 X 20 Pedestrian/Traffic
Management
Plan and
Implementation
1 LS $12,500.00 $12,500.00 $1,500.00 $1,500.00 $3,555.00 $3,555.00 $6,000.00 $6,000.00 $4,500.00 $4,500.00 X 21 Irrigation Repairs 1 ALLOW $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 X 22 Root Barrier (18"
x 24" Panel)
195 LF $35.00 $6,825.00 $33.85 $6,600.75 $29.00 $5,655.00 $30.00 $5,850.00 $35.00 $6,825.00

EVALUATION TABULATION
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements

EVALUATION TABULATION
Invitation For Bid - Senior Center Parking Lot Improvements

Table 1 B&M Civil LLC Dynamic Pavement, Inc MARTIN BROTHERS

CONSTRUCTION
Mg and jc Concrete Modernscapes
Innovations
Selected Line
Item
Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 23 Additional Items
of Work Not
Included in Items
1-22
1 LS $5,000.00 $5,000.00 $1,000.00 $1,000.00 $1,016.00 $1,016.00 $2,750.00 $2,750.00 $5,000.00 $5,000.00 Total $330,306.00 $186,356.70 $311,729.50 $268,176.00 $271,239.00 TABLE 1 (Table 2 of 2)
Table 1 NorCal Dozers Tosted Asphalt, Inc United Pavement Maintenance, Inc
Zara Construction, Inc.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 1 Mobilization and
Demobilization
1 LS $49,000.00 $49,000.00 $5,000.00 $5,000.00 $3,700.00 $3,700.00 $20,000.00 $20,000.00 X 2 Project Funding
Sign
1 EA $2,350.00 $2,350.00 $500.00 $500.00 $1,470.00 $1,470.00 $1,500.00 $1,500.00 X 3 Site Erosion
Control
Procedures
1 LS $7,900.00 $7,900.00 $2,500.00 $2,500.00 $3,294.00 $3,294.00 $5,000.00 $5,000.00 X 4 Remove Existing
Improvements
1 LS $32,000.00 $32,000.00 $7,500.00 $7,500.00 $32,567.00 $32,567.00 $20,000.00 $20,000.00 X 5 Earthwork and
Grading
1 LS $22,500.00 $22,500.00 $10,900.00 $10,900.00 $22,456.00 $22,456.00 $11,000.00 $11,000.00 X 6 Minor Concrete
(Curb and Gutter
- C-1)
21 LF $162.00 $3,402.00 $71.43 $1,500.03 $180.00 $3,780.00 $120.00 $2,520.00

EVALUATION TABULATION
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements

EVALUATION TABULATION
Invitation For Bid - Senior Center Parking Lot Improvements

Table 1 NorCal Dozers Tosted Asphalt, Inc United Pavement Maintenance, Inc
Zara Construction, Inc.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 7 Minor Concrete
(Vertical Curb - C1)
219 LF $91.00 $19,929.00 $34.25 $7,500.75 $50.00 $10,950.00 $87.00 $19,053.00 X 8 Minor Concrete
(Sidewalk and
Flatwork - C-3)
1690 SF $22.50 $38,025.00 $14.73 $24,893.70 $33.00 $55,770.00 $27.00 $45,630.00 X 9 Minor Concrete
(Valley Gutter - C1)
74 LF $267.00 $19,758.00 $47.30 $3,500.20 $130.00 $9,620.00 $50.00 $3,700.00 X 10 Minor Concrete
(Commercial
Driveway
Approach - C-8)
1 EA $22,500.00 $22,500.00 $7,500.00 $7,500.00 $7,932.00 $7,932.00 $8,000.00 $8,000.00 X 11 2" AC Grind 2996 SF $3.70 $11,085.20 $5.34 $15,998.64 $2.96 $8,868.16 $3.20 $9,587.20 X 12 Hot Mix Asphalt 88 TON $416.00 $36,608.00 $273.86 $24,099.68 $341.00 $30,008.00 $300.00 $26,400.00 X 13 Aggregate Base 41 CY $410.00 $16,810.00 $73.17 $2,999.97 $229.00 $9,389.00 $200.00 $8,200.00 X 14 Pavement
Striping (Parking
Stripe)
530 LF $5.25 $2,782.50 $5.66 $2,999.80 $10.50 $5,565.00 $5.00 $2,650.00 X 15 Pavement
Striping (ADA
Symbol)
4 EA $225.00 $900.00 $475.00 $1,900.00 $1,050.00 $4,200.00 $700.00 $2,800.00 X 16 Reinstall ADA
Parking Sign
2 EA $325.00 $650.00 $250.00 $500.00 $630.00 $1,260.00 $750.00 $1,500.00 X 17 ADA Parking Sign 2 EA $325.00 $650.00 $250.00 $500.00 $682.50 $1,365.00 $750.00 $1,500.00

EVALUATION TABULATION
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements

EVALUATION TABULATION
Invitation For Bid - Senior Center Parking Lot Improvements

Table 1 NorCal Dozers Tosted Asphalt, Inc United Pavement Maintenance, Inc
Zara Construction, Inc.

Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total X 18 Refuse and
Recycle Bin
Enclosure
1 EA $55,800.00 $55,800.00 $23,000.00 $23,000.00 $19,530.00 $19,530.00 $2,000.00 $2,000.00 X 19 Concrete Wheel
Stop
19 EA $80.00 $1,520.00 $100.00 $1,900.00 $131.25 $2,493.75 $150.00 $2,850.00 X 20 Pedestrian/Traffic
Management
Plan and
Implementation
1 LS $2,500.00 $2,500.00 $500.00 $500.00 $1,000.00 $1,000.00 $19,500.00 $19,500.00 X 21 Irrigation Repairs 1 ALLOW $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 X 22 Root Barrier (18"
x 24" Panel)
195 LF $65.00 $12,675.00 $17.95 $3,500.25 $25.00 $4,875.00 $40.00 $7,800.00 X 23 Additional Items
of Work Not
Included in Items
1-22
1 LS $1,500.00 $1,500.00 $1,500.00 $1,500.00 $100.00 $100.00 $23,000.00 $23,000.00 Total $365,844.70 $155,693.02 $245,192.91 $249,190.20

CITY CONTRACT NO. 2027-039 1
CITY PROJECT NO. CP 25-064
Rev. 08/2025

AGREEMENT
For

PUBLIC IMPROVEMENT
City Project No. CP 25-064
Senior Center Parking Lot Improvements
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Tosted Asphalt, Inc, a California corporation (“Contractor”), on Tuesday, August 11, 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 Senior Center Parking Lot Improvements (the “Project”).

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

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

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

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on August 11, 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: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 2
CITY PROJECT NO. CP 25-064
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 Senior Center Parking Lot Improvements; D. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”); E. All bonds and insurance required in any of the Contract Documents; F. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and G. The current edition of the City of Turlock Standard Specifications and Drawings.

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. TERM
The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”). The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. SCOPE OF WORK

3.1. SERVICES
Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract.

Contractor shall not receive additional compensation for the performance of any Services not described therein.

3.2. MODIFICATION
City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in CONTRACT PRICE of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 3
CITY PROJECT NO. CP 25-064
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 Senior Center Parking Lot Improvements.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.

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

Exhibit Designation Exhibit Title

1. Exhibit A

2. Exhibit B

3. Exhibit C

4. Exhibit D

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

4. CONTRACT PRICE
City shall pay, and Contractor shall accept in full payment for the work set forth above in SCOPE OF WORK, an amount not to exceed One Hundred Fifty Five Thousand Six Hundred Ninety Three and 02/100th Dollars ($155,693.02) (the “Contract Price”). Said amount shall be paid pursuant to COMPENSATION of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:

A. If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or B. If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 4
CITY PROJECT NO. CP 25-064
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 fourty-five (45) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of sixty (60) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.

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

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

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

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

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

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

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

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 5
CITY PROJECT NO. CP 25-064
Rev. 08/2025

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

5.3. EMERGENCY - ADDITIONAL TIME FOR PERFORMANCE - PROCUREMENT OF

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

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

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

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

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 6
CITY PROJECT NO. CP 25-064
Rev. 08/2025
provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
D. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.

5.4. DELAY DAMAGES
In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by TERMINATION of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Thousand 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: F7EB5560-169D-82C0-82F0-66C28132C03E

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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: F7EB5560-169D-82C0-82F0-66C28132C03E

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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: F7EB5560-169D-82C0-82F0-66C28132C03E

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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: F7EB5560-169D-82C0-82F0-66C28132C03E

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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: F7EB5560-169D-82C0-82F0-66C28132C03E

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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: F7EB5560-169D-82C0-82F0-66C28132C03E

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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. PROFESSIONAL LIABILITY INSURANCE
Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of Two Million Dollars ($2,000,000.00) per claim and in the aggregate. Any policy inception date, Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

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continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22. CONTRACTOR NOT AGENT
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 16
CITY PROJECT NO. CP 25-064
Rev. 08/2025
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

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

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

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

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

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

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

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

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

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

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

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 17
CITY PROJECT NO. CP 25-064
Rev. 08/2025
All administrative remedies required under DISPUTES PERTAINING TO PAYMENT FOR WORK of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this ARBITRATION OF DISPUTES.

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

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

If to City: City of Turlock
Attn: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: Katie O. Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: Tosted Asphalt, Inc
Attn: Brinn Holden, Office Manager
P.O. Box 27014
Fresno, CA 93729
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:

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 18
CITY PROJECT NO. CP 25-064
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 Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 19
CITY PROJECT NO. CP 25-064
Rev. 08/2025
shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

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

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

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

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

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

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

41. ATTORNEY'S FEES AND COSTS
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

CITY CONTRACT NO. 2027-039 20
CITY PROJECT NO. CP 25-064
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. 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: F7EB5560-169D-82C0-82F0-66C28132C03E

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

Tosted Asphalt, Inc, a California corporation CITY OF TURLOCK, a California municipal corporation **signature_139842**

SIGNATURE
**name_139842**

FULL NAME
**role_139842**
TITLE
**text_139842_e814491b**

ADDRESS
**text_139842_cd10c079**
PHONE
**date_signed_139842**

DATE SIGNED
**signature_139847**

SIGNATURE
**name_139847**

FULL NAME
**role_139847**
TITLE
**date_signed_139847**

DATE SIGNED
APPROVED AS TO SUFFICIENCY:
**signature_139844**

SIGNATURE
**name_139844**

FULL NAME
**role_139844**
TITLE
**date_signed_139844**

DATE SIGNED
**signature_139851**

SIGNATURE
**name_139851**

FULL NAME
**role_139851**
TITLE
**date_signed_139851**

DATE SIGNED
APPROVED AS TO FORM:

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E 559 441-0137
P.O. Box 27014 Fresno, CA 93729
brinn holden
Office Manager
7/28/2026
William D. Morris
RCE, PLS, City Engineer

**signature_139850**

SIGNATURE
**name_139850**

FULL NAME
**role_139850**
TITLE
**date_signed_139850**

DATE SIGNED
ATTEST:
**signature_139841**

SIGNATURE
**name_139841**

FULL NAME
**role_139841**
TITLE
**date_signed_139841**

DATE SIGNED
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

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 (2)
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Exhibit A

A- EXHIBIT A CONTRACTOR'S PROPOSAL FOR

SERVICES
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

City of Turlock, CA
Municipal Services-Engineering
Chris Fisher, Director
156 So. Broadway, Turlock, CA 95380
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
RESPONSE DEADLINE: June 17, 2026 at 2:00 pm
Report Generated: Monday, July 20, 2026
Tosted Asphalt, Inc Response

CONTACT INFORMATION
Company:

Tosted Asphalt, Inc
Email:
[email protected]
Contact:

Shayne Holden
Address:

P.O. Box 27014
Fresno, CA 93729
Phone:

N/A
Website:
tostedasphalt.com
Submission Date:

Jun 17, 2026 10:13 AM (Pacific Time)
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

ADDENDA CONFIRMATION
Addendum #1
Confirmed Jun 15, 2026 10:46 AM by Shayne Holden

QUESTIONNAIRE

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

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

Confirmed

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.

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

Confirmed

3. Affidavit*
Please download the below documents, complete, and upload. • AFFIDAVIT.pdf
Senior_Center_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.*
18 NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Shayne Shipman
DATE OF INSPECTION*
06/12/2026

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

REFERENCE #1: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.* CMAQ Alley Paving 2024-25 Project
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* Grading, Paving, Concrete, Striping
REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* City of Orange Cove - Dario Dominguez (559) 626-4488
REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?* Precision Engineering
REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
$423,500
REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) NA
REFERENCE #1: DATE OF PROJECT COMPLETION
6/25/25
REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

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

Light Poles and Access Road at Tulare HS Ag Farm
REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Grading, Paving, Storm Drain, Concrete, Seal Coating, Striping Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

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

Tulare Joint Unified - Marlena Morphis (559) 688-2021
REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Teter
REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$332,000
REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) NA
REFERENCE #2: DATE OF PROJECT COMPLETION
August 2025
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

NA
REFERENCE #3: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED. 2025 Pavement Rehabilitation
REFERENCE #3: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Asphalt Repair, Concrete, Seal Coating, Striping
REFERENCE #3: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Clovis Unified School District Adam Belmont (559) 327-9000 Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

REFERENCE #3: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Blair, Church and Flynn
REFERENCE #3: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$1,300,000.00
REFERENCE #3: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) NA
REFERENCE #3: DATE OF PROJECT COMPLETION
August 2025
REFERENCE #3: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

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

MUSD District Parking Lot Reconstruction
REFERENCE #4: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Underground Storm Drain, Earthwork, Subgrade, Paving, Concrete, Striping REFERENCE #4: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

Madera Unified School District Domingo Mora (559) 871-0669 REFERENCE #4: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Blair, Church and Flynn
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

REFERENCE #4: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$510,000.00
REFERENCE #4: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) NA
REFERENCE #4: DATE OF PROJECT COMPLETION
September 2025
REFERENCE #4: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED.

NA

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

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

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

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

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
Senior_Center_Bond.pdf

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

PRICE TABLES
TABLE 1
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization and Demobilization 1 LS $5,000.00 $5,000.00 2 Project Funding Sign 1 EA $500.00 $500.00
3 Site Erosion Control Procedures 1 LS $2,500.00 $2,500.00 4 Remove Existing Improvements 1 LS $7,500.00 $7,500.00 5 Earthwork and Grading 1 LS $10,900.00 $10,900.00
6 Minor Concrete (Curb and Gutter - C-1) 21 LF $71.43 $1,500.03 7 Minor Concrete (Vertical Curb - C-1) 219 LF $34.25 $7,500.75 8 Minor Concrete (Sidewalk and Flatwork - C-3) 1,690 SF $14.73 $24,893.70 9 Minor Concrete (Valley Gutter - C-1) 74 LF $47.30 $3,500.20 10 Minor Concrete (Commercial Driveway Approach - C-8) 1 EA $7,500.00 $7,500.00 11 2" AC Grind 2,996 SF $5.34 $15,998.64
12 Hot Mix Asphalt 88 TON $273.86 $24,099.68
13 Aggregate Base 41 CY $73.17 $2,999.97
14 Pavement Striping (Parking Stripe) 530 LF $5.66 $2,999.80 15 Pavement Striping (ADA Symbol) 4 EA $475.00 $1,900.00 16 Reinstall ADA Parking Sign 2 EA $250.00 $500.00
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
CIFB-E DBE No. CP 25-064
Senior Center Parking Lot Improvements
[TOSTED ASPHALT, INC] RESPONSE DOCUMENT REPORT
Invitation For Bid - Senior Center Parking Lot Improvements

Line Item Description Quantity Unit of
Measure
Unit Cost Total
17 ADA Parking Sign 2 EA $250.00 $500.00
18 Refuse and Recycle Bin Enclosure 1 EA $23,000.00 $23,000.00 19 Concrete Wheel Stop 19 EA $100.00 $1,900.00
20 Pedestrian/Traffic Management Plan and Implementation 1 LS $500.00 $500.00 21 Irrigation Repairs 1 ALLOW $5,000.00 $5,000.00
22 Root Barrier (18" x 24" Panel) 195 LF $17.95 $3,500.25 23 Additional Items of Work Not Included in Items 1-22 1 LS $1,500.00 $1,500.00 TOTAL $155,693.02
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

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

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

NAME LICENSE NUMBER DIR NUMBER ADDRESS WORK ITEMS TO BE PERFORMED AND % OF ITEM
__________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Tosted Asphalt, Inc 1000024478 N/A
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Exhibit B

EXHIBIT B PAYMENT BY FORCE ACCOUNT
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

1 EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work.

If the records differ, City pays for the work based only on the information shown on City’s records.

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

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

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

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

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

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

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

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

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

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

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

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

1.1 During that period

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

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

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

3. Fifteen percent (15%) percent markup.

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

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

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

The City Engineer determines rental costs:

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

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

1.2. Current during the work paid by force account.

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

1.3.1. Rented from equipment business Contractor does not own.

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

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

2.1. Rented from equipment business Contractor does not own.

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

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

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

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

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

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

2. To load and unload equipment

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

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

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

The minimum total time paid is:

1. 1 day if daily rates are paid

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

1. Idled is paid as 1/2 day

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

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

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

5 3.0 5.50

3.5 5.75

4.0 6.00

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

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

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

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for non-owner-operated dump truck rental to City. The City Engineer shall determine the payment rate. Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

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

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

Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Exhibit C
EXHIBIT C WORKERS’ COMPENSATION INSURANCE

CERTIFICATION
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

1 EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):

Business Phone: ( )
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Exhibit D
EXHIBIT_D_PERFORMANCE_BOND
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

1 EXHIBIT D

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to Tosted Asphalt Inc, hereinafter designated as the “Principal,” a contract for Project No. 25-064, “Senior Center Parking Lot Improvements”; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

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

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

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

The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

2 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this day of , 20 , the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

Exhibit E
EXHIBIT_E_PAYMENT_BOND (2)
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

1 EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to Tosted Asphalt Inc, hereinafter designated as the “Principal”, a contract for Project No. 25-064, “Senior Center Parking Lot Improvements”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

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

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

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

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. [Signatures on Following Page]
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

2 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this day of , 20 , the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
Docusign Envelope ID: F7EB5560-169D-82C0-82F0-66C28132C03E

City Council Staff Report
August 11, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Kimberly Bristow, Staff Services Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Resolution: Approving the Engineer’s Report for Fiscal Year 2026-2027 for all Landscaping and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock
Resolution: Confirming diagrams, assessments, and ordering the levying and collection of assessments as originally proposed for Fiscal Year 2026-2027 for all Landscaping and Lighting Assessment Districts (Exhibit A) and all Street Maintenance Benefit Assessment Areas (Exhibit B) in the City of Turlock pursuant to Resolution No. 97-128

2. NARRATIVE:

The Landscaping and Lighting Act of 1972 and the Benefit Assessment Act of 1982 allow for the formation of Assessment Districts and Benefit Assessment Areas. The purpose of assessment districts and benefit assessment areas is to ensure that development pays for its own maintenance and operation of streetlights, landscape maintenance, street sweeping, future slurry seals, and storm drainage facilities. The formation of assessment districts and benefit assessment areas allow the associated developments to be built and not impact existing City funds that maintain these components.

The filing of an annual report is required for each fiscal year assessments to be levied and collected. The Engineer of Work produces an Engineer’s Report detailing the annual costs to each lot of each assessment district and benefit assessment area which are collected on property taxes. The Engineer’s Report is on file with the City Clerk and available to the public.

The proceedings for the filing of the annual report are conducted at two (2) Council meetings.

The first meeting was held on July 28, 2026, at which time Council initiated the proceedings, declared the City’s intention to levy and collect assessments, preliminarily approved the Engineer’s Report, and appointed a time and place for the public hearing. In this second and final meeting, Council will conduct the public hearing and, upon its conclusion, by resolution, confirm the diagrams and assessments for Fiscal Year 2026-2027 for filing with the Stanislaus County Auditor.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The assessment districts will generate approximately $4,498,823 in revenue to Fund 246 “Landscape Assessment.” This revenue is used to perform the maintenance work identified in the assessment districts and benefit assessment areas.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act

Agenda Staff Report
8/11/2026
(CEQA) in accordance with Section 15378 (Project) 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. City Council could choose to decline to approve assessment reports and levy and collect assessments. Staff does not recommend this action because the City utilizes these funds for the maintenance of the streetlights, landscaping, storm drainage facilities, and streets of the assessment districts and benefit assessment areas.

6. ATTACHMENTS:

1. Draft Resolution Approving FY 2026-2027 Engineer's Report

2. Draft Resolution Confirming Assessments and Ordering the Levying

RESOLUTION NO. 2026-

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR 2026-2027 FOR ALL LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS AND

ALL STREET MAINTENANCE BENEFIT ASSESSMENT AREAS IN THE CITY OF

TURLOCK
WHEREAS, on the 28th day of July, 2026, the City Council of the City of Turlock adopted Resolution No. 2026-098, initiating proceedings for the filing of the Annual Report for Fiscal Year 2026-2027 for all Landscaping and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock; and WHEREAS, the City Council of the City of Turlock designated the City Engineer of the City of Turlock as the engineer of work for the purpose of preparing the Annual Report for Fiscal Year 2026-2027 for all Landscape and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock; and WHEREAS, the City Council of the City of Turlock ordered the City Engineer to prepare and file a report in accordance with Article 4 (commencing with section 22620) of Chapter 1 of the Landscaping and Lighting Act of 1972; and WHEREAS, on the 28th day of July, 2026, the City Engineer filed his report with the City Clerk for submission to the City Council; and
WHEREAS, the filed report contains the information statutorily required; and WHEREAS, the City Council may approve the report, as filed, or may modify the report and approve it as modified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the City Engineer’s report as filed.

BE IT FURTHER RESOLVED that the proposed amount to be collected for some of the assessments has increased per the Engineering News Record (ENR), but will not exceed the maximum allowable, pursuant to City of Turlock Council Resolution 97-128.

BE IT FURTHER RESOLVED that the City of Turlock has determined and certifies that the proposed charges are either exempt from or are in compliance with all the provisions of Proposition 218 which was passed by voters in November 1996. The City Council of the City of Turlock further determines the charges are in compliance with all laws pertaining to the levy of such charges.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 11th day of August, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

Resolution No. 2026-

ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock

RESOLUTION NO. 2026-

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF CONFIRMING DIAGRAMS, ASSESSMENTS, AND ORDERING

THE LEVYING AND COLLECTION OF ASSESSMENTS AS ORIGINALLY PROPOSED FOR FISCAL YEAR 2026-2027 FOR ALL LANDSCAPING AND

LIGHTING ASSESSMENT DISTRICTS (EXHIBIT A) AND ALL STREET

MAINTENANCE BENEFIT ASSESSMENT AREAS (EXHIBIT B) IN THE CITY OF TURLOCK PURSUANT TO RESOLUTION NO. 97-128
WHEREAS, on the 28th day of July, 2026, the City Council of the City of Turlock adopted Resolution No. 2026-098, initiating proceedings for the filing of the Annual Report for Fiscal Year 2026-2027 for all Landscaping and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock; and WHEREAS, the City Council of the City of Turlock designated the City Engineer of the City of Turlock as the Engineer of Work for the purpose of preparing the Annual Report for Fiscal Year 2026-2027 for all Landscape and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock; and WHEREAS, the City Council of the City of Turlock ordered the City Engineer to prepare and file a report in accordance with Article 4 (commencing with section 22620) of Chapter 1 of the Landscaping and Lighting Act of 1972; and WHEREAS, on the 28th day of July, 2026, the City Engineer filed his report with the City Clerk; and
WHEREAS, on the 28th day of July, 2026, the City Council of the City of Turlock adopted Resolution No. 2026-098 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 (Exhibit A) and Street Maintenance Benefit Assessment Areas (Exhibit B) in the City of Turlock for Fiscal Year 2026-2027; and

WHEREAS, pursuant to Streets and Highways Code §22625 and Government Code §53753, on Tuesday, the 11th day of August, 2026, at the hour of 6:00 p.m., prevailing local time, the City Council of the City of Turlock, at its regular meeting, conducted a public hearing on the question of the levying and collecting the proposed annual assessment. The public hearing was held in the Yosemite Room on the 2nd floor of City Hall at 156 S. Broadway, in Turlock, California; and WHEREAS, at the public hearing, the City Council considered all oral statements and written protests made or filed by any interested party to the proposed annual assessment. Every person was permitted to present oral and/or written testimony.

WHEREAS, the City Council of the City of Turlock does hereby confirm the diagrams, assessments as originally proposed as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for Fiscal Year 2026-

Resolution No. 2026-

2027 for all Landscaping and Lighting Assessment Districts and all Street Maintenance Benefit Assessment Areas in the City of Turlock pursuant to Resolution No. 97-128.

WHEREAS, the City of Turlock has determined and certifies that the charges are either exempt from or are in compliance with all the provisions of Proposition 218 which was passed by voters in November 1996. The City Council of the City of Turlock further determines the charges are in compliance with all laws pertaining to the levy of such charges. A certified copy of this resolution and report shall be delivered to the County Auditor-Controller’s Office for the County of Stanislaus.

NOW THEREFORE IT BE RESOLVED that the City Council of the City of Turlock does confirm diagrams, assessments, and ordering the levying and collection of assessments as originally proposed for Fiscal Year 2026-2027 for all Landscaping and Lighting Assessment Districts (Exhibit A) and all Street Maintenance Benefit Assessment Areas (Exhibit B) in the City of Turlock pursuant to Resolution No. 97-128.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 11th day of August, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock

Resolution No. 2026-

EXHIBIT A
Landscape and Lighting Act of 1972
Assessment Districts
Amberwood Dewar Estates No. 3
Apple Lane Estates Dianne Business Park
Arlinda Estates Dust Bowl Brewery
Ashley Estates Dutch Bros
Asoofi Subdivision Enterprise Park
Autumn Brook No. 1 Fairbanks Ranch
Autumn Brook No. 2 Ferreira Ranch Estates
Balboa Park (Fitzpatrick Apartments) Ferreira Ranch Estates No. 2 Bandera Ferreira Ranch Estates No. 3
Bandera No. 2 Ferreira Ranch Estates No. 4
Baptista Estates Ferreira Ranch Estates No. 5
Baptista Estates No. 2 Festival
Blue Diamond Fifth Street Community
California Freight Florsheim NEMP (DeLaMotte) for Palermo Calista Estates Forest Oak No. 2
Campus Park No. 1,2 ,3 FQC 1347 N Palm
Campus Vista Gabrielle Estates
Cedarcrest Gemstone Estates
Cedarcrest No. 2 Gerald Court Estates
Centennial Place No. 2 Glenwood Park
Chevron Fulkerth Health & Wellness Center
Cimmaron No. 1 Heartland Estates
Cimmaron No. 2 Heirlooms No. 1
Claremont Meadows Heirlooms No. 2
Colorado Springs Heirlooms No. 3
Cottage Park Hervey Estates
Countryside No. 2 Hilmar Cheese
Countryside No. 3 & PM 01-08 Huntington Estates
Countryside No. 4 Huntington Estates No. 2
Countryside Estates J&R Investments
Countryside Plaza Jessica House
Danielle Estates Johnson
Danielle Estates No. 2 Kandola
Del’s Lane Townhomes Karampoor
Delta National Bank L&M Industrial
Dewar Estates Lauren Estates
Dewar Estates No. 2 Lauren Estates No. 2

Resolution No. 2026-

EXHIBIT A
Landscape and Lighting Act of 1972
Assessment Districts
Lauren Estates No. 3,4 Pinecrest Estates
Legends No. 1,2 Pinecrest Estates No. 2
Legends No. 3 Pinecrest Estates No. 3
Legends No. 4 PM 97-07 Kennedy/King
Legends No. 6 PM 00-03 Sondeno/Starkweather
Legends No. 7 PM 04-02 College Plaza
Legends North No. 1 PM 04-09 Gwin
Legends North No. 2 PM 05-01 Emanuel
Legends North No. 4 PM 05-03 Byung
Lewis Terrace Estates & PM 04-03 PM 05-07 Hawkeye Shopping Center Les Chateaux PM 05-09 Lewis
Liberty Industrial Park PM 05-12 Heritage Homes
Makoor Estates PM 07-06 Kevin Berger
Milestone PM 11-04 Avena Bella
Montana Ave Industrial Park (Freitas) PM 12-01 Moline
Montana Estates PM 13-01 Sutter Gould
Monte Verde PM 14-02 Quong & Jennie Doo
Monte Vista Crossings PM 17-02 Turlock Corners LLC
Monte Vista Crossings North PM 17-03 Scott
Monte Vista Estates PM 17-04 Kuo
Monte Vista Manor PM 17-05 680 D Street LLC
Monte Vista Village PM 18-01 Nazmi
Mooneyham Estates PM 18-02 Castle
Northern Sunrise Estates PM 19-01 Warrior Crossing
Northern Sunrise Estates No. 2 PM 21-03 Bright
Northern Sunrise Estates No. 2A PM 21-05 Hackler
Northern Sunrise Estates No. 3 Potter’s Landing
Northern Sunrise Estates No. 4 Project Hornet
Northlock Industrial Park Promenade
Northview Meadows No. 2 Rhodes Estates
Northview Meadows No. 3 Rolling Hills
Old Vineyard Rose Cottage
Olive Grove Manor Rose Cottage No. 2
Ormi Rose Cottage No. 3
Pereira No. 1,2 Rose Walk No. 1
Pereira No. 3 Rose Walk No. 2,3,4

Resolution No. 2026-

EXHIBIT A
Landscape and Lighting Act of 1972
Assessment Districts
Rose Walk No. 5 Valley Ventures PM 04-05
Shergill Ventana
Sierra Oaks Apartments Vermont Villas
Sondeno, Denny’s, Jack-n-Box Wyndfair Estates
Starbucks
Sterling Oaks No. 1
Sterling Oaks No. 2
Sterling Oaks No. 4
Sterling Oaks No. 5
Sterling Oaks No. 6
Summerfield
Sun Ridge South
Superstore 2600 Spengler Way
Swanpark Estates
Taco Bell
Tamimi
The Classics
Tiffany Park
Traditions
Traditions No. 2
Traditions No. 3
Traditions No. 4,5
Turlock 99 Business Park
Turlock Auto Plaza
Turlock Dental Care
Turlock Multi-Family
Turlock Park Villas (Commercial)
Turlock Park Villas (Residential)
Turlock Self Storage
Turlock Village (Commercial)
Turlock Village (Residential)
Turlock Walnut Company
US Cold Storage
Valley Milk
Villagio (Baptista)
Voumard No. 1 (Rose Classics)
Voumard No. 2
Winter Haven
Winter Haven No. 2

Resolution No. 2026-

EXHIBIT B
Benefit Assessment Act of 1982
Benefit Assessment Areas
Added Space Comm. Center Crowell
Alpine Estates Danielle Estates
Amberwood Danielle Estates No. 2
Anderson Estates Del’s Lane Townhomes
Apple Lane Estates Delta National Bank
Arbor Estates No. 10 Dewar Estates
Arlinda Estates Dewar Estates No. 2
Ashley Estates Dewar Estates No. 3
Asoofi Subdivision Dianne Business Park
Autumn Brook No. 1 Dust Bowl Brewery
Autumn Brook No. 2 Dutch Bros
Balboa Park (Fitzpatrick Apartments) Eastbrook Estates
Bandera Elizabeth Court
Bandera No. 2 Enterprise Park
Baptista Estates Fairbanks Ranch
Baptista Estates No. 2 Ferreira Ranch Estates
Berkeley Woods Ferreira Ranch Estates No. 2
Blue Diamond Ferreira Ranch Estates No. 3
Bristol Park Ferreira Ranch Estates No. 4
California Freight Ferreira Ranch Estates No. 5
Calista Estates Festival
Cambridge Place No. 6 Fifth Street Community
Campus Park No. 1,2,3 Florsheim (DeLaMotte) for Palermo Cedarcrest Forest Oak Estates
Cedarcrest No. 2 Forest Oak Estates No. 2
Centennial Place No. 2 FQC 1347 N Palm St
Chakkar Estates No. 2 Gabrielle Estates
Champagne Estates Gemstone Estates
Chevron Fulkerth Gerald Court Estates
Christel Estates Glenwood Park
Cimmaron No. 1 Health & Wellness Center
Cimmaron No. 2 Heartland Estates
Claremont Meadows Heirlooms No. 1
Colorado Springs Heirlooms No. 2
Cottage Park Heirlooms No. 3
Countryside No. 2 Hervey Estates
Countryside No. 3 & PM 01-08 Hilmar Cheese
Countryside No. 4 Hollis Manor
Countryside Estates Huntington Estates
Countryside Plaza Huntington Estates No. 2

Resolution No. 2026-

EXHIBIT B
Benefit Assessment Act of 1982
Benefit Assessment Areas
J&R Investments North Berkeley Estates
Jessica House North Olive Estates No. 3,4
Johnson Northern Sunrise Estates
Kandola Northern Sunrise Estates No. 2
Karampoor Northern Sunrise Estates No. 2A
Kensington Estates Northern Sunrise Estates No. 3
Kirkwood No. 3 Northern Sunrise Estates No. 4
L&M Industrial Northlock Industrial Park
Lauren Estates Northview Meadows
Lauren Estates No. 2 Northview Meadows No. 2
Lauren Estates No. 3,4 Northview Meadows No. 3
Legends No. 1,2 Oak Park
Legends No. 3 Old Vineyard
Legends No. 4 Oleander Gardens
Legends No. 6 Ormi
Legends No. 7 Pereira No. 1,2
Legends North No. 1 Pereira No. 3
Legends North No. 2 Pinecrest Estates
Legends North No. 4 Pinecrest Estates No. 2
Les Chateaux Pinecrest Estates No. 3
Lewis Street Manor Pineridge Place
Lewis Terrace Estates & PM 04-03 Pleasant Valley Estates Liberty Industrial Park PM 97-07 Kennedy/King
Linwood Estates No. 1,2 PM 00-03 Sondeno/Starkweather
Linwood Estates No. 3 PM 04-02 College Plaza
Makoor Estates PM 04-09 Gwin
McDonald Manor PM 05-01 Emanuel
Milestone PM 05-03 Byung
Montana Ave Industrial Park (Freitas) PM 05-07 Hawkeye Shopping Center Montana Estates PM 05-09 Lewis
Monte Verde PM 05-12 Heritage Homes
Monte Vista Crossings PM 07-06 Kevin Berger
Monte Vista Crossings North PM 11-04 Avena Bella
Monte Vista Estates PM 12-01 Moline
Monte Vista Village PM 13-01 Sutter Gould
Mooneyham Estates PM 14-02 Quong & Jennie Doo

EXHIBIT B

Resolution No. 2026-

Benefit Assessment Act of 1982
Benefit Assessment Areas
PM 17-02 Turlock Corners LLC Taco Bell
PM 17-03 Scott Tamimi
PM 17-04 Kuo The Classics
PM 17-05 680 D Street LLC Thorsen Estates No. 2
PM 18-01 Nazmi Tiffany Park
PM 18-02 Castle Traditions
PM 19-01 Warrior Crossing Traditions No. 2
PM 21-03 Bright Traditions No. 3
PM 21-05 Hackler Traditions No. 4,5
Potter’s Landing Tuolumne East Estates
Project Hornet Turlock 99 Business Park
Promenade Turlock Dental Care
Rhodes Estates Turlock Self Storage
Rolling Hills Turlock Multi-Family
Rose Cottage Turlock Park Villas (Commercial)
Rose Cottage No. 2 Turlock Park Villas (Residential)
Rose Cottage No. 3 Turlock Village (Commercial)
Rose Walk No. 1 Turlock Village (Residential)
Rose Walk No. 2,3,4 Turlock Walnut Company
Rose Walk No. 5 US Cold Storage
Royal Oaks Valley Milk
Shergill Valley Ventures PM 04-05
Sierra Oaks Apartments Vasconcellos Estates
Silverado Heights Ventana
Sondeno, Denny’s, Jack-n-Box Venture Park
Southern Belle Estates / PM 03-08 Vermont Villas
Starbucks Villa Woods
Sterling Oaks No. 1 Villagio (Baptista)
Sterling Oaks No. 2 Voumard No. 1 (Rose Classics)
Sterling Oaks No. 4 Voumard No. 2
Sterling Oaks No. 5 W Main / Walnut
Sterling Oaks No. 6 Walnut Acres No. 2
Stonridge (Silver Oak) Winter Haven No. 2
Summer Faire Wyndfair Estates
Summerfield
Sun Ridge South
Superstore 2600 Spengler Way
Swan Park Estates

City Council Staff Report
August 11, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager

1. ACTION RECOMMENDED:

Motion: Awarding bid and approving an Agreement between the City of Turlock and A.

Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $20,280,558.00 and a contingency amount of $2,028,000.00 (10%) to be funded by Fund 115 “Measure A - Roads” bond proceeds, Fund 215 “Streets - Grant Funded Projects”, and Fund 218 “Measure L” for construction of City Project No. 23-052 “Mark Thomas Task Order No. 2 for Roads Program - Geer Road”

2. NARRATIVE:

On February 10, 2026, the City Council authorized staff to proceed with advertising City Project No. 23-052 “Mark Thomas Task Order No. 2 for Roads Program - Geer Road” for construction bids upon environmental clearance, approval of Right of Way and Utilities Certifications, and obligation of federal funds. The project will rehabilitate the Geer Road corridor from N. Golden State Blvd. to Taylor Road.

On August 8, 2024, Stanislaus Council of Governments (StanCOG) approved Resolution 24-02 awarding the City of Turlock four (4) Surface Transportation Block Grant (STBG) grant funding applications, each for $1.2 million, for the Geer Road corridor. STBG funding introduced federal funding into the project, thus requiring that federally-funded project procedures be followed per Caltrans Local Assistance Procedures Manual (LAPM). Staff, subsequently, submitted another STBG grant application to StanCOG for $2 million for safety improvements along the corridor which was approved by StanCOG Policy Board, by motion, on June 17, 2026.

Caltrans issued a Categorical Exclusion (CE) for the project, on February 16, 2026, in accordance with National Environmental Policy Act (NEPA) requirements, and, on April 27, 2026, approved the Utilities and Right of Way Certifications.

Federal Highway Administration (FHWA) issued the construction authorization (E-76) on June 3, 2026, thus obligating $4.8 million in Surface Transportation Block Grant (STBG) funding. The E-76 will be amended for the additional $2 million in STBG grant funding.

On June 23, 2026, City Project No. 23-052 was advertised for construction bids through the City’s website and the Turlock Journal.

The project was initially considered for advertisement and construction in separate phases; however, after consultation with StanCOG and Caltrans, it was decided that the best approach would be to advertise the project for construction as a single bid package.

Agenda Staff Report
8/11/2026
Four (4) bids were received and opened on July 28, 2026 at 2:00PM:

Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement for City Projects No. 23-052 with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, as the lowest responsive, responsible bidder with a bid amount of $20,280,558.00.

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

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

BIDDER BID AMOUNT
A. Teichert & Son, Inc. dba Teichert Construction; Roseville, CA $20,280,558.00 Bay Cities Paving & Grading, Inc.; Concord, CA $20,806,900.00 DeSilva Gates Construction LLC; Dublin, CA $25,334,334.00 George Reed, Inc.; Modesto, CA $26,958,665.00

3. FISCAL IMPACT / BUDGET AMENDMENT:

The total estimated fiscal impact of the proposed action will be $22,308,558.00 which will be funded by Fund 115 “Measure A - Roads” bond proceeds, Fund 215 “Streets - Grant Funded Projects,” and Fund 218 “Measure L” account numbers XXX-XX-XXX-XXX.51270 “Construction Project”. The overall fiscal impact, including professional services, is shown below.

City Project 23-052 Amount
Design (Mark Thomas) $ 1,506,530.97
CM & Inspection (NV5) $ 3,775,025.68
Construction Contract $ 20,280,558.00
Construction Contingency $ 2,028,000.00
Total Estimated Cost $ 27,590,114.65
All Roads Program staff time is expensed directly to Fund 115 "Measure A - Roads Program". Staff time is directly allocated to each project by the Finance Department at the end of the fiscal year.

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

Agenda Staff Report
8/11/2026

4. ENVIRONMENTAL DETERMINATION:

On March 10, 2026, the City Council determined through Resolution No. 2026-026 that the construction of City Project No. 23-052 is exempt from the provisions of CEQA in accordance with Section 15301 (Existing Facilities) of the CEQA guidelines and authorized the staff to file the Notice of Exemption. Notice of Exemption was filed on March 11, 2026, with the Stanislaus County Clerk-Recorder.

5. ALTERNATIVES:

A. Council could reject the bids submitted for this project. Staff does not recommend this alternative as the proposed improvements are needed and funding is available.

B. Provide staff with direction on how to proceed.

6. ATTACHMENTS:

1. Bidder's Summary

2. Agreement between the City of Turlock and A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, for construction of City Project No.

CITY OF TURLOCK

BIDDER'S SUMMARY
PROJECT TITLE: 23-052 - Roads Program CIP
PROJECT NUMBER: 23-052
BID OPENING:
2:00 P.M.

ANTICIPATED COUNCIL AWARD DATE: August 11, 2026
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 POTHOLE EXISTING UTILITIES LS 1 $550,000.00 $550,000.00 $400,000.00 $400,000.00 $132,000.00 $132,000.00 $300,000.00 $300,000.00 $750,000.00 $750,000.00 2 TRAFFIC CONTROL SYSTEM LS 1 $1,059,000.00 $1,059,000.00 $1,800,000.00 $1,800,000.00 $1,526,040.34 $1,526,040.34 $1,309,359.00 $1,309,359.00 $1,200,000.00 $1,200,000.00 3 PORTABLE CHANGEABLE MESSAGE SIGN LS 1 $160,000.00 $160,000.00 $300,000.00 $300,000.00 $175,000.00 $175,000.00 $100,000.00 $100,000.00 $150,000.00 $150,000.00 4 CONSTRUCTION FUNDING SIGNS EA 16 $1,500.00 $24,000.00 $1,500.00 $24,000.00 $1,200.00 $19,200.00 $2,000.00 $32,000.00 $1,200.00 $19,200.00 5 JOB SITE MANAGEMENT LS 1 $105,000.00 $105,000.00 $150,000.00 $150,000.00 $96,460.00 $96,460.00 $50,000.00 $50,000.00 $125,000.00 $125,000.00 6 LEAD AND HAZARDOUS MATERIALS COMPLIANCE PLAN LS 1 $30,000.00 $30,000.00 $20,000.00 $20,000.00 $2,200.00 $2,200.00 $5,000.00 $5,000.00 $75,000.00 $75,000.00 7 PREPARE STORM WATER POLLUTION PREVENTION PLAN LS 1 $75,000.00 $75,000.00 $30,000.00 $30,000.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 8 EROSION AND DUST CONTROL BMP'S LS 1 $270,000.00 $270,000.00 $125,000.00 $125,000.00 $21,055.16 $21,055.16 $10,000.00 $10,000.00 $25,000.00 $25,000.00 9 VIDEO SEWER AND STORM DRAIN LS 1 $450,000.00 $450,000.00 $200,000.00 $200,000.00 $108,000.00 $108,000.00 $900,000.00 $900,000.00 $812,000.00 $812,000.00 10 CONSTRUCTION STAKING LS 1 $180,000.00 $180,000.00 $75,000.00 $75,000.00 $73,280.00 $73,280.00 $150,000.00 $150,000.00 $125,000.00 $125,000.00 11 CLEARING AND GRUBBING LS 1 $25,000.00 $25,000.00 $150,000.00 $150,000.00 $44,194.35 $44,194.35 $220,000.00 $220,000.00 $517,555.09 $517,555.09 12 TRAINING HOURLY 17,000 $0.80 $13,600.00 $0.80 $13,600.00 $0.80 $13,600.00 $0.80 $13,600.00 $0.80 $13,600.00 13 MONUMENT PRESERVATION EA 1 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $15,000.00 $15,000.00 14 PLANTING PROTECTION DURING CONSTRUCTION LS 1 $8,000.00 $8,000.00 $22,000.00 $22,000.00 $12,910.00 $12,910.00 $13,000.00 $13,000.00 $12,500.00 $12,500.00 15 REMOVE TREE EA 9 $4,000.00 $36,000.00 $1,400.00 $12,600.00 $1,250.00 $11,250.00 $1,000.00 $9,000.00 $1,825.00 $16,425.00 16 REMOVE FENCE LF 220 $15.00 $3,300.00 $20.00 $4,400.00 $17.00 $3,740.00 $20.00 $4,400.00 $14.00 $3,080.00 17 REMOVE GATE EA 4 $1,000.00 $4,000.00 $500.00 $2,000.00 $450.00 $1,800.00 $500.00 $2,000.00 $100.00 $400.00 18 REMOVE CONCRETE HEADWALL EA 1 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $2,518.60 $2,518.60 $8,000.00 $8,000.00 $8,000.00 $8,000.00 19 REMOVE STORM DRAIN PIPE LF 9 $200.00 $1,800.00 $300.00 $2,700.00 $155.78 $1,402.02 $500.00 $4,500.00 $500.00 $4,500.00 20 REMOVE DRAINAGE INLET EA 4 $2,000.00 $8,000.00 $2,500.00 $10,000.00 $672.31 $2,689.24 $500.00 $2,000.00 $500.00 $2,000.00 21 REMOVE ROADSIDE SIGN (ONE-POST) EA 3 $200.00 $600.00 $100.00 $300.00 $75.00 $225.00 $100.00 $300.00 $75.00 $225.00 22 REMOVE CONCRETE (CURB) LF 5,230 $15.00 $78,450.00 $6.00 $31,380.00 $17.44 $91,211.20 $10.00 $52,300.00 $7.00 $36,610.00 23 REMOVE CONCRETE (CURB AND GUTTER) LF 2,800 $15.00 $42,000.00 $6.00 $16,800.00 $23.81 $66,668.00 $15.00 $42,000.00 $13.00 $36,400.00 24 REMOVE CONCRETE (FLATWORK) SY 1,800 $5.00 $9,000.00 $25.00 $45,000.00 $30.08 $54,144.00 $30.00 $54,000.00 $30.00 $54,000.00 25 COLD PLANING AC PAVEMENT SQYD 28,400 $10.00 $284,000.00 $2.00 $56,800.00 $6.01 $170,684.00 $10.00 $284,000.00 $5.00 $142,000.00 26 ROADWAY EXCAVATION (F) CY 2,590 $120.00 $310,800.00 $175.00 $453,250.00 $66.63 $172,571.70 $250.00 $647,500.00 $275.00 $712,250.00 27 UNSUITABLE MATERIAL CY 240 $100.00 $24,000.00 $150.00 $36,000.00 $185.85 $44,604.00 $250.00 $60,000.00 $250.00 $60,000.00 28 DECOMPOSED GRANITE SF 260 $5.00 $1,300.00 $5.00 $1,300.00 $12.72 $3,307.20 $5.00 $1,300.00 $18.00 $4,680.00 29 AGGREGATE BASE CLASS 2 CY 150 $130.00 $19,500.00 $140.00 $21,000.00 $162.45 $24,367.50 $125.00 $18,750.00 $140.00 $21,000.00 30 FULL DEPTH RECLAMATION CEMENT SQYD 18,210 $15.00 $273,150.00 $13.00 $236,730.00 $11.72 $213,421.20 $20.00 $364,200.00 $16.50 $300,465.00 31 CEMENT (FULL DEPTH RECLAMATION-CEMENT) TON 535 $200.00 $107,000.00 $275.00 $147,125.00 $199.00 $106,465.00 $200.00 $107,000.00 $198.00 $105,930.00 32 MIX DESIGN LS 1 $140,000.00 $140,000.00 $18,000.00 $18,000.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $16,000.00 $16,000.00 33 HOT MIX ASPHALT (TYPE A) TON 10,080 $120.00 $1,209,600.00 $105.00 $1,058,400.00 $134.13 $1,352,030.40 $150.00 $1,512,000.00 $140.00 $1,411,200.00 34 SHALLOW UTILITY ALTERNATIVE PAVEMENT SECTION SF 8,500 $15.00 $127,500.00 $10.00 $85,000.00 $20.11 $170,935.00 $50.00 $425,000.00 $30.00 $255,000.00 35 MINOR CONCRETE (CURB AND GUTTER) SF 2,750 $100.00 $275,000.00 $50.00 $137,500.00 $45.48 $125,070.00 $30.00 $82,500.00 $108.00 $297,000.00 36 MINOR CONCRETE (RETAINING CURB) LF 190 $50.00 $9,500.00 $40.00 $7,600.00 $56.84 $10,799.60 $33.00 $6,270.00 $30.00 $5,700.00 37 MINOR CONCRETE (VERTICAL CURB) LF 2,970 $80.00 $237,600.00 $45.00 $133,650.00 $40.44 $120,106.80 $30.00 $89,100.00 $41.00 $121,770.00 38 MINOR CONCRETE (LANDSCAPING MEDIAN CURB) LF 2,130 $120.00 $255,600.00 $50.00 $106,500.00 $46.30 $98,619.00 $35.00 $74,550.00 $53.00 $112,890.00 July 28, 2026
1 2
ENGINEER'S ESTIMATE A. Teichert & Son, Inc.
dba Teichert Construction Bay Cities Paving & Grading, Inc. 4 George Reed, Inc.
3 DeSilva Gates Construction LLC

39 MINOR CONCRETE (CURB RAMP) SF 2,820 $25.00 $70,500.00 $18.00 $50,760.00 $29.69 $83,725.80 $20.00 $56,400.00 $29.00 $81,780.00 40 MINOR CONCRETE (SIDEWALK) SF 15,450 $12.00 $185,400.00 $8.00 $123,600.00 $11.99 $185,245.50 $10.00 $154,500.00 $21.00 $324,450.00 41 MINOR CONCRETE (RESIDENTIAL DRIVEWAY) SF 1,430 $20.00 $28,600.00 $18.00 $25,740.00 $28.03 $40,082.90 $20.00 $28,600.00 $36.00 $51,480.00 42 MINOR CONCRETE (ALLEY/COMMERCIAL DRIVEWAY) SF 2,410 $40.00 $96,400.00 $30.00 $72,300.00 $29.39 $70,829.90 $25.00 $60,250.00 $42.00 $101,220.00 43 MINOR CONCRETE (TEXTURED PAVEMENT) SF 2,700 $30.00 $81,000.00 $12.00 $32,400.00 $24.74 $66,798.00 $15.00 $40,500.00 $26.00 $70,200.00 44 DETECTABLE WARNING SURFACE (TRUNCATED DOMES) SF 510 $45.00 $22,950.00 $40.00 $20,400.00 $80.00 $40,800.00 $80.00 $40,800.00 $68.00 $34,680.00 45 18" REINFORCED CONCRETE PIPE LF 59 $300.00 $17,700.00 $600.00 $35,400.00 $381.99 $22,537.41 $600.00 $35,400.00 $600.00 $35,400.00 46 INSTALL DRAINAGE INLET (SD-3) EA 4 $8,000.00 $32,000.00 $10,000.00 $40,000.00 $9,308.22 $37,232.88 $10,000.00 $40,000.00 $9,000.00 $36,000.00 47 ADJUST DRAINAGE INLET TO GRADE EA 7 $1,500.00 $10,500.00 $2,500.00 $17,500.00 $2,840.83 $19,885.81 $5,000.00 $35,000.00 $1,250.00 $8,750.00 48 ADJUST MANHOLE COVER TO GRADE (UTILITY) EA 15 $1,500.00 $22,500.00 $2,250.00 $33,750.00 $1,650.00 $24,750.00 $1,700.00 $25,500.00 $1,500.00 $22,500.00 49 ADJUST STORM DRAIN MANHOLE COVER TO GRADE EA 21 $1,500.00 $31,500.00 $2,000.00 $42,000.00 $1,650.00 $34,650.00 $1,700.00 $35,700.00 $1,500.00 $31,500.00 50 ADJUST UTILITY COVER TO GRADE EA 94 $2,000.00 $188,000.00 $1,200.00 $112,800.00 $1,300.00 $122,200.00 $1,300.00 $122,200.00 $1,250.00 $117,500.00 51 ADJUST UTILITY INTO TRAFFIC RATED BOXES EA 2 $1,200.00 $2,400.00 $4,500.00 $9,000.00 $2,850.00 $5,700.00 $3,000.00 $6,000.00 $1,250.00 $2,500.00 52 RESET POST (LICENSE PLATE READER) EA 1 $550.00 $550.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00 $15,000.00 $15,000.00 53 INSTALL WOOD FENCE LF 90 $45.00 $4,050.00 $120.00 $10,800.00 $113.50 $10,215.00 $100.00 $9,000.00 $148.00 $13,320.00 54 INSTALL WOOD GATE EA 2 $2,000.00 $4,000.00 $2,500.00 $5,000.00 $2,460.00 $4,920.00 $2,500.00 $5,000.00 $3,188.00 $6,376.00 55 CHAIN LINK FENCE (TYPE CL-4) LF 110 $45.00 $4,950.00 $75.00 $8,250.00 $66.75 $7,342.50 $70.00 $7,700.00 $88.00 $9,680.00 56 CHAIN LINK GATE (TYPE CL-4) EA 3 $2,000.00 $6,000.00 $2,500.00 $7,500.00 $2,518.75 $7,556.25 $2,500.00 $7,500.00 $2,725.00 $8,175.00 57 ROADSIDE SIGN (ONE-POST) EA 51 $1,000.00 $51,000.00 $600.00 $30,600.00 $550.00 $28,050.00 $600.00 $30,600.00 $550.00 $28,050.00 58 RELOCATE ROADSIDE SIGN (ONE-POST) EA 6 $550.00 $3,300.00 $350.00 $2,100.00 $350.00 $2,100.00 $300.00 $1,800.00 $350.00 $2,100.00 59 PAINT CURB (2 COAT) LF 640 $5.00 $3,200.00 $7.00 $4,480.00 $5.00 $3,200.00 $5.00 $3,200.00 $7.00 $4,480.00 60 THERMOPLASTIC TRAFFIC STRIPE LF 21,540 $4.00 $86,160.00 $1.30 $28,002.00 $1.30 $28,002.00 $1.25 $26,925.00 $1.50 $32,310.00 61 THERMOPLASTIC PAVEMENT MARKINGS SF 10,170 $12.00 $122,040.00 $5.50 $55,935.00 $5.50 $55,935.00 $6.00 $61,020.00 $9.00 $91,530.00 62 THERMOPLASTIC PAVEMENT MARKING (GREEN METHYL METHACRYLATE) SF 390 $15.00 $5,850.00 $26.00 $10,140.00 $26.00 $10,140.00 $30.00 $11,700.00 $15.00 $5,850.00 63 Modifying Traffic Signal SYSTEM (Geer Rd/ Golden State Blvd) LS 1 $167,700.00 $167,700.00 $120,000.00 $120,000.00 $113,600.00 $113,600.00 $115,000.00 $115,000.00 $135,123.00 $135,123.00 64 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/CANAL DR) LS 1 $249,500.00 $249,500.00 $180,000.00 $180,000.00 $177,100.00 $177,100.00 $175,000.00 $175,000.00 $221,933.00 $221,933.00 65 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/HAWKEYE DR) LS 1 $227,000.00 $227,000.00 $165,000.00 $165,000.00 $157,700.00 $157,700.00 $150,000.00 $150,000.00 $225,568.00 $225,568.00 66 RECTANGULAR RAPID FLASHING BEACON SYSTEM (RRFB) (GEER RD/STARR AVE) LS 1 $245,700.00 $245,700.00 $220,000.00 $220,000.00 $209,700.00 $209,700.00 $200,000.00 $200,000.00 $148,943.00 $148,943.00 67 RECTANGULAR RAPID FLASHING BEACON SYSTEM (RRFB) (GEER RD/20TH CENTURY BLVD) LS 1 $222,000.00 $222,000.00 $170,000.00 $170,000.00 $166,000.00 $166,000.00 $165,000.00 $165,000.00 $156,137.00 $156,137.00 68 MODIFY STREET LIGHTING SYSTEM (GEER ROAD BETWEEN GOLDEN STATE BLVD AND CANAL DR) LS 1 $115,500.00 $115,500.00 $75,000.00 $75,000.00 $75,800.00 $75,800.00 $75,000.00 $75,000.00 $87,965.00 $87,965.00 69 REMOVE BOLLARD EA 4 $900.00 $3,600.00 $500.00 $2,000.00 $416.71 $1,666.84 $500.00 $2,000.00 $500.00 $2,000.00 70 REMOVE TREE EA 27 $4,000.00 $108,000.00 $1,000.00 $27,000.00 $850.00 $22,950.00 $1,000.00 $27,000.00 $1,300.00 $35,100.00 71 REMOVE FENCE LF 120 $15.00 $1,800.00 $25.00 $3,000.00 $21.00 $2,520.00 $20.00 $2,400.00 $14.00 $1,680.00 72 REMOVE DRAINAGE INLET EA 1 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $673.08 $673.08 $500.00 $500.00 $500.00 $500.00 73 REMOVE UTILITY BOX EA 2 $1,500.00 $3,000.00 $500.00 $1,000.00 $1,073.39 $2,146.78 $500.00 $1,000.00 $500.00 $1,000.00 74 REMOVE BACKFLOW PREVENTER EA 1 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $3,031.14 $3,031.14 $4,000.00 $4,000.00 $4,400.00 $4,400.00 75 REMOVE ROADSIDE SIGN (ONE-POST) EA 4 $200.00 $800.00 $100.00 $400.00 $75.00 $300.00 $100.00 $400.00 $75.00 $300.00 76 REMOVE CONCRETE (CURB) LF 8,760 $15.00 $131,400.00 $6.00 $52,560.00 $19.54 $171,170.40 $10.00 $87,600.00 $7.00 $61,320.00 77 REMOVE CONCRETE (CURB AND GUTTER) LF 4,900 $15.00 $73,500.00 $6.00 $29,400.00 $26.20 $128,380.00 $15.00 $73,500.00 $13.00 $63,700.00 78 REMOVE CONCRETE (FLATWORK) SY 4,620 $5.00 $23,100.00 $25.00 $115,500.00 $30.90 $142,758.00 $30.00 $138,600.00 $30.00 $138,600.00 79 COLD PLANING AC PAVEMENT SQYD 42,130 $10.00 $421,300.00 $2.00 $84,260.00 $6.07 $255,729.10 $10.00 $421,300.00 $5.00 $210,650.00 80 ROADWAY EXCAVATION (F) CY 3,355 $120.00 $402,600.00 $175.00 $587,125.00 $67.75 $227,301.25 $250.00 $838,750.00 $275.00 $922,625.00 81 UNSUITABLE MATERIAL CY 195 $100.00 $19,500.00 $150.00 $29,250.00 $193.73 $37,777.35 $250.00 $48,750.00 $250.00 $48,750.00 82 AGGREGATE BASE CLASS 2 CY 230 $130.00 $29,900.00 $150.00 $34,500.00 $131.39 $30,219.70 $125.00 $28,750.00 $140.00 $32,200.00 83 FULL DEPTH RECLAMATION CEMENT SQYD 34,050 $15.00 $510,750.00 $13.00 $442,650.00 $12.01 $408,940.50 $20.00 $681,000.00 $16.50 $561,825.00 84 CEMENT (FULL DEPTH RECLAMATION-CEMENT) TON 1,000 $200.00 $200,000.00 $275.00 $275,000.00 $205.00 $205,000.00 $200.00 $200,000.00 $198.00 $198,000.00

85 MIX DESIGN LS 1 $175,000.00 $175,000.00 $21,000.00 $21,000.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $16,000.00 $16,000.00 86 HOT MIX ASPHALT (TYPE A) TON 13,140 $120.00 $1,576,800.00 $105.00 $1,379,700.00 $133.70 $1,756,818.00 $150.00 $1,971,000.00 $140.00 $1,839,600.00 87 SHALLOW UTILITY ALTERNATIVE PAVEMENT SECTION SF 12,000 $15.00 $180,000.00 $10.00 $120,000.00 $20.51 $246,120.00 $50.00 $600,000.00 $30.00 $360,000.00 88 MINOR CONCRETE (CURB AND GUTTER) LF 4,800 $100.00 $480,000.00 $50.00 $240,000.00 $45.75 $219,600.00 $30.00 $144,000.00 $108.00 $518,400.00 89 MINOR CONCRETE (RETAINING CURB) LF 70 $50.00 $3,500.00 $40.00 $2,800.00 $65.36 $4,575.20 $33.00 $2,310.00 $30.00 $2,100.00 90 MINOR CONCRETE (VERTICAL CURB) LF 5,310 $80.00 $424,800.00 $45.00 $238,950.00 $40.52 $215,161.20 $30.00 $159,300.00 $41.00 $217,710.00 91 MINOR CONCRETE (LANDSCAPING MEDIAN CURB) LF 3,580 $120.00 $429,600.00 $50.00 $179,000.00 $45.99 $164,644.20 $35.00 $125,300.00 $53.00 $189,740.00 92 MINOR CONCRETE (VALLEY GUTTER) LF 140 $150.00 $21,000.00 $75.00 $10,500.00 $148.09 $20,732.60 $100.00 $14,000.00 $170.00 $23,800.00 93 MINOR CONCRETE (CURB RAMP) SF 2,730 $25.00 $68,250.00 $18.00 $49,140.00 $30.05 $82,036.50 $20.00 $54,600.00 $29.00 $79,170.00 94 MINOR CONCRETE (SIDEWALK) SF 33,750 $12.00 $405,000.00 $7.00 $236,250.00 $12.11 $408,712.50 $10.00 $337,500.00 $21.00 $708,750.00 95 MINOR CONCRETE (RESIDENTIAL DRIVEWAY) SF 150 $20.00 $3,000.00 $18.00 $2,700.00 $30.81 $4,621.50 $20.00 $3,000.00 $36.00 $5,400.00 96 MINOR CONCRETE (ALLEY/COMMERCIAL DRIVEWAY) SF 6,290 $40.00 $251,600.00 $25.00 $157,250.00 $29.59 $186,121.10 $25.00 $157,250.00 $42.00 $264,180.00 97 MINOR CONCRETE (TEXTURED PAVEMENT) SF 5,040 $30.00 $151,200.00 $12.00 $60,480.00 $24.69 $124,437.60 $15.00 $75,600.00 $26.00 $131,040.00 98 MINOR CONCRETE (BUS TURNOUT) SF 1,260 $45.00 $56,700.00 $25.00 $31,500.00 $21.15 $26,649.00 $25.00 $31,500.00 $78.00 $98,280.00 99 MINOR CONCRETE (MAILBOX PAD) SF 20 $12.00 $240.00 $200.00 $4,000.00 $117.43 $2,348.60 $20.00 $400.00 $56.00 $1,120.00 100 DETECTABLE WARNING SURFACE (TRUNCATED DOMES) SF 580 $45.00 $26,100.00 $40.00 $23,200.00 $80.00 $46,400.00 $80.00 $46,400.00 $68.00 $39,440.00 101 18" REINFORCED CONCRETE PIPE LF 10 $300.00 $3,000.00 $600.00 $6,000.00 $911.17 $9,111.70 $600.00 $6,000.00 $600.00 $6,000.00 102 INSTALL DRAINAGE INLET (SD-3) EA 1 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $9,308.23 $9,308.23 $10,000.00 $10,000.00 $9,000.00 $9,000.00 103 ADJUST DRAINAGE INLET TO GRADE EA 12 $1,500.00 $18,000.00 $2,500.00 $30,000.00 $2,840.83 $34,089.96 $5,000.00 $60,000.00 $1,250.00 $15,000.00 104 ADJUST MANHOLE COVER TO GRADE (UTILITY) EA 21 $1,500.00 $31,500.00 $2,100.00 $44,100.00 $1,650.00 $34,650.00 $1,700.00 $35,700.00 $1,500.00 $31,500.00 105 ADJUST STORM DRAIN MANHOLE COVER TO GRADE EA 20 $1,500.00 $30,000.00 $2,000.00 $40,000.00 $1,650.00 $33,000.00 $1,700.00 $34,000.00 $1,500.00 $30,000.00 106 ADJUST UTILITY COVER TO GRADE EA 132 $2,000.00 $264,000.00 $1,300.00 $171,600.00 $1,300.00 $171,600.00 $1,300.00 $171,600.00 $1,250.00 $165,000.00 107 RELOCATE MAILBOX EA 1 $500.00 $500.00 $750.00 $750.00 $350.00 $350.00 $200.00 $200.00 $500.00 $500.00 108 VINYL FENCE LF 110 $45.00 $4,950.00 $90.00 $9,900.00 $83.75 $9,212.50 $80.00 $8,800.00 $91.00 $10,010.00 109 ROADSIDE SIGN (ONE-POST) EA 43 $1,000.00 $43,000.00 $600.00 $25,800.00 $550.00 $23,650.00 $600.00 $25,800.00 $550.00 $23,650.00 110 RELOCATE ROADSIDE SIGN (ONE-POST) EA 8 $550.00 $4,400.00 $350.00 $2,800.00 $350.00 $2,800.00 $300.00 $2,400.00 $350.00 $2,800.00 111 RESET ROADSIDE SIGN (ONE-POST) EA 5 $550.00 $2,750.00 $350.00 $1,750.00 $350.00 $1,750.00 $200.00 $1,000.00 $350.00 $1,750.00 112 RESET BUS SHELTER EA 4 $2,000.00 $8,000.00 $3,000.00 $12,000.00 $9,950.00 $39,800.00 $7,000.00 $28,000.00 $3,500.00 $14,000.00 113 RESET TRASH RECEPTACLE EA 3 $550.00 $1,650.00 $1,500.00 $4,500.00 $645.00 $1,935.00 $300.00 $900.00 $635.00 $1,905.00 114 PAINT CURB (2 COAT) LF 850 $5.00 $4,250.00 $7.00 $5,950.00 $5.00 $4,250.00 $5.00 $4,250.00 $7.00 $5,950.00 115 THERMOPLASTIC TRAFFIC STRIPE LF 38,000 $4.00 $152,000.00 $1.30 $49,400.00 $1.30 $49,400.00 $1.25 $47,500.00 $1.50 $57,000.00 116 THERMOPLASTIC PAVEMENT MARKINGS SF 9,360 $12.00 $112,320.00 $5.50 $51,480.00 $5.50 $51,480.00 $6.00 $56,160.00 $9.00 $84,240.00 117 THERMOPLASTIC PAVEMENT MARKING (GREEN METHYL METHACRYLATE) SF 2,240 $15.00 $33,600.00 $9.00 $20,160.00 $9.00 $20,160.00 $10.00 $22,400.00 $15.00 $33,600.00 118 CHECK AND TEST SCHOOL EXISTING IRRIGATION SYSTEM LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,760.00 $4,760.00 $5,000.00 $5,000.00 $4,760.00 $4,760.00 119 MODIFY EXISTING SCHOOL IRRIGATION SYSTEM FOR NEW PLANTING LS 1 $8,000.00 $8,000.00 $3,000.00 $3,000.00 $2,800.00 $2,800.00 $3,000.00 $3,000.00 $2,800.00 $2,800.00 120 QUICK COUPLING VALVE ASSEMBLY EA 1 $500.00 $500.00 $1,000.00 $1,000.00 $890.00 $890.00 $1,000.00 $1,000.00 $890.00 $890.00 121 BALL VALVE ASSEMBLY EA 1 $400.00 $400.00 $1,000.00 $1,000.00 $970.00 $970.00 $1,000.00 $1,000.00 $970.00 $970.00 122 REMOTE CONTROL VALVE ASSEMBLY EA 2 $700.00 $1,400.00 $750.00 $1,500.00 $685.00 $1,370.00 $750.00 $1,500.00 $685.00 $1,370.00 123 IRRIGATION MAINLINE LF 56 $30.00 $1,680.00 $50.00 $2,800.00 $45.18 $2,530.08 $50.00 $2,800.00 $45.18 $2,530.08 124 LATERAL LINE LF 868 $20.00 $17,360.00 $10.00 $8,680.00 $8.05 $6,987.40 $10.00 $8,680.00 $8.05 $6,987.40 125 DEEP WATER BUBBLER ASSEMBLY EA 44 $150.00 $6,600.00 $95.00 $4,180.00 $90.23 $3,970.12 $100.00 $4,400.00 $90.23 $3,970.12 126 CONTROL WIRE AND CONDUIT LS 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $1,240.00 $1,240.00 $1,000.00 $1,000.00 $1,240.00 $1,240.00 127 TREES, 36" BOX EA 22 $1,600.00 $35,200.00 $1,200.00 $26,400.00 $1,124.09 $24,729.98 $1,250.00 $27,500.00 $1,124.09 $24,729.98 128 LINEAR ROOT BARRIER LF 230 $25.00 $5,750.00 $15.00 $3,450.00 $14.96 $3,440.80 $15.00 $3,450.00 $14.96 $3,440.80 129 DARK BROWN RUBBER BARK MULCH - 3" THICK CY 83 $300.00 $24,900.00 $110.00 $9,130.00 $106.14 $8,809.62 $100.00 $8,300.00 $106.14 $8,809.62 130 SOIL AMENDMENT AND FERTILIZER SF 8,400 $0.50 $4,200.00 $1.00 $8,400.00 $1.02 $8,568.00 $1.00 $8,400.00 $1.02 $8,568.00

131 LANDSCAPE MAINTENANCE AND ESTABLISHMENT PERIOD, 365 DAYS LS 1 $18,000.00 $18,000.00 $20,000.00 $20,000.00 $20,480.00 $20,480.00 $20,000.00 $20,000.00 $20,480.00 $20,480.00 132 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/NORTH AVE) LS 1 $185,200.00 $185,200.00 $150,000.00 $150,000.00 $153,300.00 $153,300.00 $150,000.00 $150,000.00 $180,900.00 $180,900.00 133 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/PEDRAS AVE) LS 1 $77,000.00 $77,000.00 $120,000.00 $120,000.00 $119,600.00 $119,600.00 $120,000.00 $120,000.00 $139,584.00 $139,584.00 134 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/TUOLUMNE RD) LS 1 $207,600.00 $207,600.00 $150,000.00 $150,000.00 $149,000.00 $149,000.00 $150,000.00 $150,000.00 $202,513.00 $202,513.00 135 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/MINNESOTA AVE) LS 1 $230,100.00 $230,100.00 $160,000.00 $160,000.00 $159,800.00 $159,800.00 $160,000.00 $160,000.00 $195,891.00 $195,891.00 136 REMOVE STORM DRAIN PIPE LF 13 $200.00 $2,600.00 $260.00 $3,380.00 $116.35 $1,512.55 $500.00 $6,500.00 $500.00 $6,500.00 137 REMOVE DRAINAGE INLET EA 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $673.08 $673.08 $500.00 $500.00 $500.00 $500.00 138 REMOVE ROADSIDE SIGN (ONE-POST) EA 9 $200.00 $1,800.00 $100.00 $900.00 $75.00 $675.00 $100.00 $900.00 $75.00 $675.00 139 REMOVE CONCRETE (CURB) LF 3,520 $15.00 $52,800.00 $6.00 $21,120.00 $19.89 $70,012.80 $10.00 $35,200.00 $7.00 $24,640.00 140 REMOVE CONCRETE (CURB AND GUTTER) LF 1,060 $15.00 $15,900.00 $6.00 $6,360.00 $25.69 $27,231.40 $15.00 $15,900.00 $13.00 $13,780.00 141 REMOVE CONCRETE (FLATWORK) SY 870 $5.00 $4,350.00 $25.00 $21,750.00 $32.10 $27,927.00 $30.00 $26,100.00 $30.00 $26,100.00 142 COLD PLANING AC PAVEMENT SQYD 46,640 $10.00 $466,400.00 $2.00 $93,280.00 $6.40 $298,496.00 $10.00 $466,400.00 $5.00 $233,200.00 143 SHOULDER BACKING CY 10 $120.00 $1,200.00 $200.00 $2,000.00 $296.49 $2,964.90 $100.00 $1,000.00 $115.00 $1,150.00 144 ROADWAY EXCAVATION CY 3,710 $120.00 $445,200.00 $150.00 $556,500.00 $58.75 $217,962.50 $250.00 $927,500.00 $275.00 $1,020,250.00 145 UNSUITABLE MATERIAL CY 210 $100.00 $21,000.00 $150.00 $31,500.00 $185.93 $39,045.30 $250.00 $52,500.00 $250.00 $52,500.00 146 AGGREGATE BASE CLASS 2 CY 3 $130.00 $390.00 $120.00 $360.00 $724.09 $2,172.27 $1,000.00 $3,000.00 $140.00 $420.00 147 FULL DEPTH RECLAMATION CEMENT SQYD 9,750 $15.00 $146,250.00 $13.00 $126,750.00 $10.94 $106,665.00 $20.00 $195,000.00 $16.50 $160,875.00 148 CEMENT (FULL DEPTH RECLAMATION-CEMENT) TON 290 $200.00 $58,000.00 $275.00 $79,750.00 $199.00 $57,710.00 $200.00 $58,000.00 $198.00 $57,420.00 149 MIX DESIGN LS 1 $70,000.00 $70,000.00 $5,000.00 $5,000.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $4,500.00 $4,500.00 150 HOT MIX ASPHALT (TYPE A) TON 17,080 $120.00 $2,049,600.00 $105.00 $1,793,400.00 $131.80 $2,251,144.00 $150.00 $2,562,000.00 $140.00 $2,391,200.00 151 SHALLOW UTILITY ALTERNATIVE PAVEMENT SECTION SF 2,000 $15.00 $30,000.00 $10.00 $20,000.00 $20.48 $40,960.00 $50.00 $100,000.00 $30.00 $60,000.00 152 MINOR CONCRETE (CURB AND GUTTER) LF 1,080 $100.00 $108,000.00 $50.00 $54,000.00 $45.33 $48,956.40 $32.00 $34,560.00 $108.00 $116,640.00 153 MINOR CONCRETE (RETAINING CURB) LF 60 $50.00 $3,000.00 $40.00 $2,400.00 $70.75 $4,245.00 $33.00 $1,980.00 $30.00 $1,800.00 154 MINOR CONCRETE (VERTICAL CURB) LF 4,470 $80.00 $357,600.00 $45.00 $201,150.00 $40.15 $179,470.50 $30.00 $134,100.00 $41.00 $183,270.00 155 MINOR CONCRETE (MEDIAN THRU DRAIN) LF 380 $130.00 $49,400.00 $65.00 $24,700.00 $56.92 $21,629.60 $50.00 $19,000.00 $120.00 $45,600.00 156 MINOR CONCRETE (LANDSCAPING MEDIAN CURB) LF 5,540 $120.00 $664,800.00 $45.00 $249,300.00 $46.05 $255,117.00 $35.00 $193,900.00 $53.00 $293,620.00 157 MINOR CONCRETE (CURB RAMP) SF 1,580 $25.00 $39,500.00 $18.00 $28,440.00 $29.91 $47,257.80 $20.00 $31,600.00 $29.00 $45,820.00 158 MINOR CONCRETE (SIDEWALK) SF 5,490 $12.00 $65,880.00 $8.00 $43,920.00 $12.17 $66,813.30 $10.00 $54,900.00 $21.00 $115,290.00 159 MINOR CONCRETE (ALLEY/COMMERCIAL DRIVEWAY) SF 1,420 $40.00 $56,800.00 $25.00 $35,500.00 $30.67 $43,551.40 $30.00 $42,600.00 $42.00 $59,640.00 160 MINOR CONCRETE (TEXTURED PAVEMENT) SF 4,780 $30.00 $143,400.00 $12.00 $57,360.00 $24.83 $118,687.40 $15.00 $71,700.00 $26.00 $124,280.00 161 DETECTABLE WARNING SURFACE (TRUNCATED DOMES) SF 710 $45.00 $31,950.00 $40.00 $28,400.00 $80.00 $56,800.00 $80.00 $56,800.00 $68.00 $48,280.00 162 18" REINFORCED CONCRETE PIPE LF 27 $300.00 $8,100.00 $600.00 $16,200.00 $455.61 $12,301.47 $600.00 $16,200.00 $600.00 $16,200.00 163 INSTALL DRAINAGE INLET (SD-3) EA 1 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $9,308.23 $9,308.23 $10,000.00 $10,000.00 $9,000.00 $9,000.00 164 ADJUST DRAINAGE INLET TO GRADE EA 5 $1,500.00 $7,500.00 $2,500.00 $12,500.00 $2,840.83 $14,204.15 $5,000.00 $25,000.00 $1,250.00 $6,250.00 165 ADJUST MANHOLE COVER TO GRADE (UTILITY) EA 8 $1,500.00 $12,000.00 $2,200.00 $17,600.00 $1,650.00 $13,200.00 $1,700.00 $13,600.00 $1,500.00 $12,000.00 166 ADJUST STORM DRAIN MANHOLE COVER TO GRADE EA 15 $1,500.00 $22,500.00 $2,000.00 $30,000.00 $1,650.00 $24,750.00 $1,700.00 $25,500.00 $1,500.00 $22,500.00 167 ADJUST UTILITY COVER TO GRADE EA 67 $2,000.00 $134,000.00 $1,200.00 $80,400.00 $1,300.00 $87,100.00 $1,300.00 $87,100.00 $1,250.00 $83,750.00 168 ROADSIDE SIGN (ONE-POST) EA 25 $1,000.00 $25,000.00 $600.00 $15,000.00 $550.00 $13,750.00 $600.00 $15,000.00 $550.00 $13,750.00 169 RELOCATE ROADSIDE SIGN (ONE-POST) EA 2 $550.00 $1,100.00 $350.00 $700.00 $350.00 $700.00 $300.00 $600.00 $350.00 $700.00 170 RESET ROADSIDE SIGN (ONE-POST) EA 3 $550.00 $1,650.00 $350.00 $1,050.00 $350.00 $1,050.00 $200.00 $600.00 $350.00 $1,050.00 171 PAINT CURB (2 COAT) LF 480 $5.00 $2,400.00 $7.00 $3,360.00 $5.00 $2,400.00 $5.00 $2,400.00 $7.00 $3,360.00 172 THERMOPLASTIC TRAFFIC STRIPE LF 39,600 $4.00 $158,400.00 $1.30 $51,480.00 $1.30 $51,480.00 $1.25 $49,500.00 $1.50 $59,400.00 173 THERMOPLASTIC PAVEMENT MARKINGS SF 12,040 $12.00 $144,480.00 $5.50 $66,220.00 $5.50 $66,220.00 $6.00 $72,240.00 $9.00 $108,360.00 174 THERMOPLASTIC PAVEMENT MARKING (GREEN METHYL METHACRYLATE) SF 3,330 $15.00 $49,950.00 $9.00 $29,970.00 $9.00 $29,970.00 $10.00 $33,300.00 $15.00 $49,950.00 175 IRRIGATION CONTROLLER, 8 STATION WITH PEDESTAL ENCLOSURE EA 3 $10,000.00 $30,000.00 $36,000.00 $108,000.00 $35,980.00 $107,940.00 $40,000.00 $120,000.00 $35,980.00 $107,940.00 176 REDUCED PRESSURE BACKFLOW ASSEMBLY WITH ENCLOSURE EA 2 $6,000.00 $12,000.00 $6,500.00 $13,000.00 $6,220.00 $12,440.00 $6,000.00 $12,000.00 $4,000.00 $8,000.00

177 WATER METER, 1" EA 2 $15,000.00 $30,000.00 $11,000.00 $22,000.00 $8,245.00 $16,490.00 $8,500.00 $17,000.00 $20,000.00 $40,000.00 178 MASTER VALVE ASSEMBLY EA 3 $1,500.00 $4,500.00 $1,200.00 $3,600.00 $1,160.00 $3,480.00 $1,200.00 $3,600.00 $1,160.00 $3,480.00 179 FLOW SENSOR ASSEMBLY EA 3 $2,000.00 $6,000.00 $1,500.00 $4,500.00 $1,476.67 $4,430.01 $1,500.00 $4,500.00 $1,476.67 $4,430.01 180 QUICK COUPLING VALVE ASSEMBLY EA 9 $500.00 $4,500.00 $500.00 $4,500.00 $416.67 $3,750.03 $400.00 $3,600.00 $416.67 $3,750.03 181 BALL VALVE ASSEMBLY EA 6 $400.00 $2,400.00 $600.00 $3,600.00 $626.67 $3,760.02 $700.00 $4,200.00 $626.67 $3,760.02 182 REMOTE CONTROL VALVE ASSEMBLY EA 6 $700.00 $4,200.00 $1,050.00 $6,300.00 $1,026.67 $6,160.02 $1,000.00 $6,000.00 $1,026.67 $6,160.02 183 IRRIGATION MAINLINE LF 1,740 $30.00 $52,200.00 $11.00 $19,140.00 $10.23 $17,800.20 $10.00 $17,400.00 $10.23 $17,800.20 184 LATERAL LINE LF 1,672 $20.00 $33,440.00 $8.00 $13,376.00 $7.61 $12,723.92 $10.00 $16,720.00 $7.61 $12,723.92 185 IRRIGATION SLEEVE LF 1,045 $50.00 $52,250.00 $23.00 $24,035.00 $22.39 $23,397.55 $24.00 $25,080.00 $46.00 $48,070.00 186 SPLICE BOX EA 6 $200.00 $1,200.00 $550.00 $3,300.00 $508.33 $3,049.98 $600.00 $3,600.00 $508.33 $3,049.98 187 DEEP WATER BUBBLER ASSEMBLY EA 130 $150.00 $19,500.00 $100.00 $13,000.00 $91.69 $11,919.70 $100.00 $13,000.00 $91.70 $11,921.00 188 CONTROL WIRE AND CONDUIT LS 1 $15,000.00 $15,000.00 $13,000.00 $13,000.00 $12,380.00 $12,380.00 $10,000.00 $10,000.00 $12,380.00 $12,380.00 189 TREES, 36" BOX EA 46 $1,600.00 $73,600.00 $1,200.00 $55,200.00 $1,125.87 $51,790.02 $1,250.00 $57,500.00 $1,125.87 $51,790.02 190 TREES, 24" BOX EA 21 $900.00 $18,900.00 $750.00 $15,750.00 $725.71 $15,239.91 $800.00 $16,800.00 $725.71 $15,239.91 191 LINEAR ROOT BARRIER LF 1,580 $25.00 $39,500.00 $13.00 $20,540.00 $12.70 $20,066.00 $15.00 $23,700.00 $12.70 $20,066.00 192 DARK BROWN RUBBER BARK MULCH - 3" THICK CY 200 $300.00 $60,000.00 $105.00 $21,000.00 $102.90 $20,580.00 $100.00 $20,000.00 $102.90 $20,580.00 193 IMPORTED TOP SOIL - 12" DEEP CY 800 $150.00 $120,000.00 $105.00 $84,000.00 $102.26 $81,808.00 $100.00 $80,000.00 $102.26 $81,808.00 194 SOIL AMENDMENT AND FERTILIZER SF 21,580 $0.50 $10,790.00 $1.00 $21,580.00 $0.96 $20,716.80 $1.00 $21,580.00 $0.96 $20,716.80 195 MAINTENANCE AND ESTABLISHMENT PERIOD, 365 DAYS LS 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $28,760.00 $28,760.00 $30,000.00 $30,000.00 $28,760.00 $28,760.00 196 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/MONTE VISTA AVE) LS 1 $205,000.00 $205,000.00 $152,000.00 $152,000.00 $150,500.00 $150,500.00 $150,000.00 $150,000.00 $217,526.00 $217,526.00 197 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/CHRISTOFFERSON PKWY) LS 1 $134,000.00 $134,000.00 $93,000.00 $93,000.00 $91,200.00 $91,200.00 $90,000.00 $90,000.00 $109,846.00 $109,846.00 198 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/SPRINGER DR) LS 1 $195,200.00 $195,200.00 $130,000.00 $130,000.00 $130,600.00 $130,600.00 $130,000.00 $130,000.00 $186,856.00 $186,856.00 199 MODIFYING TRAFFIC SIGNAL SYSTEM (GEER RD/TAYLOR RD) LS 1 $84,400.00 $84,400.00 $50,000.00 $50,000.00 $47,000.00 $47,000.00 $50,000.00 $50,000.00 $47,358.00 $47,358.00 200 RECTANGULAR RAPID FLASHING BEACON SYSTEM (GEER RD/CALAVERAS WAY) LS 1 $212,600.00 $212,600.00 $170,000.00 $170,000.00 $161,200.00 $161,200.00 $160,000.00 $160,000.00 $143,910.00 $143,910.00 201 ELECTRICAL SERVICE FOR IRRIGATION (GEER RD/CALEVERAS WAY) LS 1 $45,300.00 $45,300.00 $30,000.00 $30,000.00 $29,900.00 $29,900.00 $30,000.00 $30,000.00 $28,853.00 $28,853.00 202 ELECTRICAL SERVICE FOR IRRIGATION (GEER RD NEAR CHRISTOFFERSON PKWY) LS 1 $71,300.00 $71,300.00 $39,000.00 $39,000.00 $38,000.00 $38,000.00 $30,000.00 $30,000.00 $35,254.00 $35,254.00 203 ELECTRICAL SERVICE FOR IRRIGATION (GEER RD NEAR SPRINGER DR) LS 1 $51,800.00 $51,800.00 $34,000.00 $34,000.00 $33,000.00 $33,000.00 $30,000.00 $30,000.00 $32,317.00 $32,317.00 204 MOBILIZATION (10%) LS 1 $2,616,300.00 $2,616,300.00 $2,000,000.00 $2,000,000.00 $2,080,000.00 $2,080,000.00 $2,530,000.00 $2,530,000.00 $2,400,000.00 $2,400,000.00 Lowest Responsible and Responsive
Bidder
Total $26,162,380.00 $20,280,558.00 $20,806,900.00 $25,334,334.00 $26,958,665.00

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 1

AGREEMENT

FOR ROADS PROGRAM PUBLIC IMPROVEMENT PROJECT
Project No. 23-052
Geer Road Pavement Rehabilitation Phases 1, 2, and 3
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and A. Teichert & Son, Inc. dba Teichert Construction, a California Corporation (“Contractor”), on this ____ day of _________ 20__ (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Project No. 23-052 “Geer Road Pavement Rehabilitation Phases 1, 2, and 3”(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 August 11, 2026, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 2
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock for Geer Road Pavement Rehabilitation Phases 1, 2, and 3
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).

The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 3
authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3." The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed Twenty Million Two Hundred Eighty Thousand Five Hundred Fifty-Eight and No/100ths Dollars ($20,280,558.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 4
(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 (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, shall be completed on or before the expiration of four hundred (400) working days (the “Completion Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Completion Date, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Completion Date, in writing, to the City Engineer.

The Completion Date may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Completion Date will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

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

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

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

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 5
Contractor shall not be entitled to an adjustment in the Completion Date for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.

Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Completion Date shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.
(c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

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

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 6
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
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to thirteen thousand two hundred and no/100ths Dollars ($13,200.00) for each calendar day beyond the Completion Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Completion Date. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

City Contract No. 2027-077
City Project No. 23-052 Geer Road Pavement Rehabilitation Phases 1, 2, and 3 Rev. 01.2026 7

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor.

Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If 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.

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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 Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the City Standard Specifications in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.

Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

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

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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 performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

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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 Section 1 of the Special Provisions.

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

11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.

Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the

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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 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.

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14.1 Compliance with Federal Requirements. Contractor 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).
• Caltrans Local Assistance Procedures Manual Exhibit 12-G

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 California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract.

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

17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a

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comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. The City of Turlock shall be named as a certificate holder
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations aggregate for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor,

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including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident or disease. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Commercial Automobile Liability. Contractor shall maintain automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
(d) Builder’s Risk Insurance. Intentionally Omitted
(e) Contractors Pollution Insurance. Pollution Coverage shall be maintained on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide

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coverage for the hauling of waste from the Project site to the final disposal location, including nonowned disposal sites. (f) Professional Liability Insurance. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of Two Million Dollars ($2,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. (h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (i) Acceptability of Insurers. Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.
(j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.

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

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

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

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

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

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

21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts