CITY CONTRACT NO. 2024-111, Amendment No. 10 for Task Order No. 5
AMENDMENT NO. 10 FOR TASK ORDER NO. 5
Under the Terms of the
MASTER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
NV5, INC.
for
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
City Contract No. 2024-111
City Project No. 23-067; Bid Package 3
THIS AMENDMENT NO. 10 for Task Order No. 5 under the terms of City Contract No. 2024-111 is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and NV5, INC., a California c orporation (“Professional”), on this ______ day of ___________ 2025 (the “Effective Date of Task Or der No. 5”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Amendment No. 10.
WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2024-111) dated February 27, 2024, for Construc tion Management and Inspection Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and
WHEREAS, Construction Management and Inspection Services co mprise three (3) components: Pre-Construction, Construction Manageme nt and Inspection, and Post- Construction; and
WHEREAS, Agreement stipulates that the scope of services an d fees associated with specific projects will be agreed upon through task orders approved under the terms of Agreement by a written amendment to the Agreement; and
WHEREAS, City desires that Professional provide Pre-Constru ction services for Bid Package 3 for City Project No. 23-067 as “NV5 CM Task Order No. 5 for City Project No. 23-067, Bid Package 3;” and
WHEREAS , Pre-Construction services will commence shortly a fter approval of the proposed Amendment No. 10 and will continue through the start of construction; and
WHEREAS , Amendment No. 10 for Task Order No. 5 provides fo r the scope of services and associated fees for said City Project.
CITY CONTRACT NO. 2024-111, Amendment No. 10 for Task Order No. 5
NOW, THEREFORE, the Parties hereto mutually agree to amend the Agr eement as follows:
1. Exhibit K, attached hereto and incorporated herein by reference, is hereby added to the Agreement.
2. Recital B of the Agreement is amended to read as follows:
B. Professional has made a proposal to City to provi de such professional services. A description of the services Professiona l proposes to provide is included in the Scope of Services in Exhibits A through K attached hereto and incorporated herein by reference (“Services”). City desires to r etain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
4. Recital C of the Agreement is amended to read as follows:
C. The Parties anticipate that one or more projects fo r Services shall be determined through creation of a Task Order as a Ci ty-requested modification of services under Section 5.2 of this Agreement which shall be approved by written amendment to this Agreement. The Parties shall outline the schedule or timeline for providing the Services agreed upon under each Task Order (“Completion Schedule”), which shall be included in one or more written amendments to this Agreement. Such Completion Schedule is included in Exhibit K.
5. Recital D of the Agreement is amended to read as follows:
D. The Parties shall outline the rates and method of payment to Professional for its performance of the Services under this Agre ement as determined under each Task Order (“Compensation Schedule”), which shall b e included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit K.
6. Section 5 of the Agreement is amended to read as follows:
5.1. Services . Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibits A through K. Any request for Services not included in Exhibits A through K will be considered a request for additional or modified Services (“Modif ication” or “Modifications”).
Professional shall not receive additional compensat ion for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described i n Exhibits A through K . If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter in to a written amendment to this Agreement to adjust the Services and the compensati on to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Sche dule shall not be revised unless City and Professional mutually agree to a wr itten amendment to this Agreement reflecting such revisions, additional com pensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
CITY CONTRACT NO. 2024-111, Amendment No. 10 for Task Order No. 5
7. Section 6 of the Agreement is amended to read as follows:
6.1. Amount, Time and Manner of Payment for Profess ional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit base d on Exhibit 10-H of Caltrans Local Assistance Procedures Manual (LAPM). Professional will be allowed to include an amount for the anticipated salary increases as calculated per Exhibit 10-H. City’s total compensation to Professional shall not exceed the cumulative amount resulting from each Task Order with each approved Amendment t o the Agreement. The compensation for Amendment No. 10 shall not exceed Sixty-Six Thousand Two- Hundred-Thirty-One Dollars and Eighty-Seven Cents ( $66,231.87) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
8. Execution and Counterparts . This Amendment may be executed simultaneously, and in several counterparts, each o f which shall be deemed an original, but which together shall constitute one a nd the same instrument. The Parties agree that this Amendment and any other doc uments to be delivered in connection herewith may be electronically signed ut ilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Ag reement or such other documents are the same as handwritten signatures fo r the purposes of validity, enforceability, and admissibility.
9. All other terms and conditions of the Agreement shall remain in full force and effect for the Term of the Agreement.
[Signatures on Following Page ]
CITY CONTRACT NO. 2024-111, Amendment No. 10 for Task Order No. 5
IN WITNESS WHEREOF , the Parties have caused this Amendment No. 10 to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
NV5, INC., a California corporation
By:
Lori Goodwin, Vice President
Date
CITY
City of Turlock, a California
municipal corporation
By:
Reagan M. Wilson, City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
01/31/2025
City of Turlock Roads Program CIP Projects Task Order #5 (Project No. 23-067 Bid Package 3) Pre-Construction Services – Scope of Consultant Services 1
SCOPE OF CONSULTANT SERVICES
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS
TASK ORDER #5 (PROJECT NO. 23-067 BP 3)
PRE-CONSTRUCTION SERVICES
City of Turlock
DESCRIPTION OF PROJECT
Provide pre-construction project management services for the City of Turlock Roads Program CIP Project No. 23-067 Bid Package 3.
NV5 shall furnish a licensed Civil Engineer as Resident Engineer during the pre-construction period. NV5 will also provide support staff, as needed, during the pre-construction period.
The Resident Engineer shall be responsible for coordination with the City of Turlock and shall act as the key point of contact with the City. The Resident Engineer shall also be responsible for coordination of the Construction Management staff and will oversee the daily interaction with the Contractor, the City, and other public agencies.
NV5 shall complete the following pre-construction services:
Task 1: Pre-Construction Services
Task 1.1 Constructability Review
Objectives:
1. Achieve a full understanding of the project plans and specifications.
2. Identify potential discrepancies in the contract documents and recommend solutions to the Owner.
Description:
NV5 takes pride in their role in constructability reviews of project plans and specifications prior to advertisement for bids.
Our constructability reviews provide an opportunity to offer input from a construction perspective to produce an improved set of plans and specifications and ultimately a more cost-effective project for the Owner. Our experience has shown that these constructability reviews lead to lower bids, reduced owner risks, fewer change orders, and fewer claims.
We utilize an 18-page constructability review spreadsheet that was developed in-house and is routinely updated based on lessons learned from our vast array of project experience. As part of the review process, we will review the plans and specifications to verify that the design as presented is complete and clear, poses no construction conflicts, and is economically feasible to build. We review contract documents from the contractor’s point of view. In general, we look for missing details, ambiguous or contradictory information, physical conflicts, and impractical constraints. Some of the general questions we ask are:
• Are the plans complete and free of conflict?
• Is there sufficient information for the contractor to build the project? • Are the staging or traffic handling plans feasible?
• How will the contractor be paid?
In addition to identifying potential issues, we review the plans and specifications in an attempt to identify potential opportunities to accelerate construction or improve the contractor’s efficiencies. We thoroughly review the project staging to see if it can be modified or combined without affecting the overall objectives. We rely on our vast experience working closely with numerous agencies and contractors over the years to develop ideas that will benefit the project.
City of Turlock Roads Program CIP Projects Task Order #4 (Project No. 23-067 Bid Package 3) Pre-Construction Services – Scope of Consultant Services 2
When potential issues or opportunities are identified, we will work with the City and the project’s designers to develop possible solutions and if necessary, implement plan changes or bid package addenda in a timely manner so as not to delay bid opening.
Deliverables:
Constructability review spreadsheet.
Task 1.2 Contractor Prequalification
Objectives:
1. Manage the contractor pre-qualification process in compliance with DIR’s guidelines.
Description:
NV5 will manage the contractor pre-qualification process using the procedures described in the DIR’s Public Works Pre- Qualification of Contractors process. We will ensure each prospective bidding contractor submits the DIR’s Pre- Qualification of Contractors Model Questionnaire. The
questionnaires will be reviewed by the NV5 team, and each contractor will be scored utilizing the DIR’s Public Works Pre-Qualification of Contractors Scoring Worksheet. The results will be shared and reviewed with the City to make the final determination of which contractors are prequalified for the right to bid.
Deliverables:
Public Works Pre-Qualification of Contractors Scoring Worksheets.
Task 1.3 File Review
Objectives:
1. Review project files, including existing plans, quantity calculations, geotechnical reports, pavement design, etc.
Description:
During the pre-construction phase, NV5 will review the contract documents, including the plans, specifications, engineer’s estimate, schedule, RE pending file, environmental permits, geotechnical report, pavement design, and any other agreements. Our review will identify required submittals, order of work, any schedule constraints, restricted work windows and overall contract requirements. We will also independently verify estimated quantities for any large dollar bid items such as Hot Mix Asphalt, and identify any discrepancies found. The pavement design reports will be reviewed and compared to the contract documents for each project location to ensure the plans and specifications accurately reflect the design requirements.
Deliverables:
List of submittals.
Summary of any quantity or pavement design discrepancies found.
Task 1.4 Document Existing Conditions
Objectives:
1. Document existing conditions using photographic and video records at all job site locations prior to the start of construction activities.
Description:
Pre-construction documentation is a crucial tool for roadway reconstruction and rehabilitation projects to accurately document existing conditions of the roadways and adjacent improvements prior to the contractor commencing their scope of work. The records help protect the City from any inaccurate claims from adjacent property owners that the project activities damaged their facilities. They also assist in holding the contractor responsible for any damages they cause to adjacent City property, or property of adjacent private residences or businesses. For these specific projects, some items to document include existing conditions of curb and gutter, sidewalk, driveways, mailboxes, landscaping, signs, and street
City of Turlock Roads Program CIP Projects Task Order #4 (Project No. 23-067 Bid Package 3) Pre-Construction Services – Scope of Consultant Services 3
lighting. In addition to the typical street level photographs, we utilize high-definition drone photography to capture a wide snapshot of the jobsite locations to ensure all existing conditions are documented.
Deliverables:
Digital photographs and videos of existing job site conditions, complete with captioned descriptions, locations, and notes.
Task 1.5 Schedule Review
Objectives:
1. Prepare a tentative schedule that identifies construction stages, utility relocations and all items that will be submitted by the Contractor for review and approval.
Description:
NV5 will prepare a project schedule for major construction activities broken into stage construction, sequencing of work and anticipated durations. In addition to the general construction activities, we will include utility relocations by others including notification timelines to meet specification requirements, identify all critical project submittals, and include any permit and agreement requirements. This schedule will be used in review of the Contractor’s baseline schedule submittal.
Deliverables:
Preliminary schedule of construction activities.
Task 1.6 Draw Schedule
Objectives:
1. Develop, and maintain during the construction phase, a construction draw schedule based on the contractor’s construction schedule and forecast cash flow requirements.
Description:
NV5 will prepare a construction draw schedule to assist the City of Turlock with forecasting cash flow requirements. It will be based on the Contractor’s authorized construction schedule and will be updated on a regular basis as needed. NV5 regularly performs this task for many of our clients, including Stanislaus County and Merced County.
Deliverables:
Construction draw schedule.
Task 1.7 Pre-Construction Conference
Objectives:
1. Organize, and conduct, a pre-construction conference with the Contractor, Subcontractors, and City representatives to discuss the work involved, administrative matters, labor compliance, safety and accident prevention.
2. Answer questions from the contractors, and address issues that need to be resolved before work commences.
Description:
The NV5 Team will coordinate and facilitate a preconstruction conference with the construction contractor, subcontractors, the City, utility companies, and other stakeholders after contract approval and before start of work to review the project and discuss coordination efforts. This meeting will be used to establish managerial and administrative procedures with the contractor to ensure efficient startup and execution of the project. The project submittal list will be reviewed, and any time-critical submittals will be identified. Other discussion topics will include labor compliance, safety, and accident prevention. NV5 will prepare and distribute meeting minutes to all attendees, documenting the topics discussed at the preconstruction meeting.
Deliverables:
Written agenda for pre-construction conference, including project submittal list.
City of Turlock Roads Program CIP Projects Task Order #4 (Project No. 23-067 Bid Package 3) Pre-Construction Services – Scope of Consultant Services 4
Electronic distribution of pre-construction meeting minutes to the attendees.
Task 1.8 Review Contractor Pre-Construction Submittals
Objectives:
1. Coordinate, document, and review pre-construction project submittals for their compliance with the project plans and specifications.
Description:
Contract provisions identify specific items to be provided by the contractor prior to the start of construction that are subject to review. When we receive these pre-construction submittals from the contractor, they will be stamped and logged in by date of receipt. The NV5 Team will then review the submittals or forward the submittals to the designer and the City, as appropriate.
A partial list of expected pre-construction submittals includes:
• Construction Schedule
• Traffic Control Plans & Pedestrian Detours
• SWPPP or WPCP
• Safety Program
Deliverables:
Comprehensive log of submittal tracking and response
Submittal review documentation per contract documents
Correspondence of review with status (acceptable, revise and resubmit)
Task 1.9 Establish Project Procedures
Objectives:
1. Gain concurrence from the City regarding planned project procedures, tracking tools, construction forms and templates.
2. Provide a concise outline of regular tracking, correspondence and reporting activities with planned frequencies.
Description:
The Resident Engineer will discuss with the City all proposed tracking log templates, correspondence templates and construction forms to be used during administration of the project for review and input. The frequency of regular meetings and reporting needs will be understood based on the City’s needs. We will also discuss correspondence procedures with the project designer, stakeholders, the public and other City staff. Once established, these project procedures will be summarized through Project Procedures Outline and will be maintained on file and updated as necessary during the project. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction.
Deliverables:
Proposed tracking log templates, correspondence templates, and construction forms.
Project Procedures Outline.
City of Turlock Roads Program CIP Projects Task Order #4 (Project No. 23-067 Bid Package 3) Pre-Construction Services – Scope of Consultant Services 5
Completion Schedule
NV5 shall be bound by the requirements of the Agreement from the start of construction services commencing in March 2025 until the conclusion of post-construction services. It is understood that this agreement is based on the assumptions that the construction contract will have no more than 60 working days. Time extensions may result in the need for additional CM services. Overtime, weekend, and holiday work are not anticipated and therefore not included.
In the event that the City Project Manager requires additional Construction Management services, or the Construction Contract duration exceeds the working days listed above, an amendment may be required as stipulated in the Agreement.
Fee Schedule
Compensation to provide Construction Management services required for the construction observation and administration for the subject construction project as detailed in the Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be at the rates included in the attached cost proposal.
Name Brad Riel, PE Kramer Walker, PE John Seymour, PE Neil Novotny, EIT Matt Ramsey TOTAL COST Classification Project Manager CM / Resident
Engineer
Assistant
Resident Engineer Project Engineer Inspector (7)
Actual Hourly Rate $127.41 $113.43 $85.00 $45.67 $83.10 Indirect Cost Rate (ICR) 136.58% 136.58% 136.58% 136.58% 136.58% Net Fixed Fee 10.00% 10.00% 10.00% 10.00% 10.00%
Hourly Billing Rate (1) $331.57 $295.19 $221.20 $118.85 $216.26 Contract Escalation Fee (8) 5.00% 5.00% 5.00% 5.00% 5.00%
1.1 CONSTRUCTABILITY REVIEW 44 44 22 8
1.2 CONTRACTOR PREQUALIFICATION 4
1.3 FILE REVIEW 8 8 4 4
1.4 DOCUMENT EXISTING CONDITIONS 8 20
1.5 SCHEDULE REVIEW 8
1.6 DRAW SCHEDULE 4
1.7 PRE-CONSTRUCTION CONFERENCE 4 4 4 4
1.8 REVIEW CONTRACTOR PRE-CONSTRUCTION SUBMITTALS 16 40 16
1.9 ESTABLISH PROJECT PROCEDURES 4 4 4 4
Man Hour Subtotal 0 100 100 50 40
Task 1 Subtotal Fees $0.00 $29,518.80 $22,120.23 $5,942.53 $8,650.31 $66,231.87 Notes and Assumptions: Other Direct Costs
1. NV5 employee hourly rates include project-related overhead, profit, safety equipment, vehicles, laptops, and cell phones. Per Diem ($120 per day) - 0 Days $0.00
2. Cost proposal is based on 8-hour work shifts according to the Caltrans 5-Day Working Calendar. Field Supplies $0.00
3. Overtime, weekend, and holiday work is not included. Overtime hours will be paid in accordance with applicable labor law and prevailing wage rates, and are above and beyond the scope and fee of this estimate.
4. Adjustments to this estimate may be required if the actual schedule requires more or less construction management services than proposed. Proposal Total $66,231.87
5. This cost estimate is based on the pre-construction phase of the project being completed between February 1st, 2025 and April 30th, 2025. Time extensions (including weather delays) may result in additional CM services & fees.
6. This estimate is based on the specific scope of work described for the CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS T.O. #5 (PROJECT NO. 23-067 BP 3) - PRE-CONSTRUCTION SERVICES.
7. Classifications requiring prevailing wage are subject to the provisions set forth in the latest DIR determination.
8. An escalation fee of 5.0% will be applicable for work completed after 12/31/2025.
TASK I: PRE-CONSTRUCTION PHASE
Staffing Plan & Fee Proposal for Pre-Construction Services Turlock Roads Program CIP Projects T.O. #5 (Project No. 23-067 BP 3) Prepared for the City of Turlock
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. 23-067 BP 3 Contract No. 2024-111 Task Order #5 Date 1/28/2025
DIRECT LABOR
Hours Actual Hourly Rate Total
0 $127.41 $0.00
100 $113.43 $11,343.00
100 $85.00 $8,500.00
0 $65.00 $0.00
40 $83.10 $3,324.00
50 $45.67 $2,283.50
0 $0.00
0 $0.00
290
LABOR COSTS
a) Subtotal Direct Labor Costs $25,450.50
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $25,450.50
FRINGE BENEFITS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $0.00
INDIRECT COSTS
f) Overhead (Rate: 136.58%
) g) Overhead [(c) x (f)] $34,760.29
h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00
j) Total Indirect Costs [(e) + (g) + (i)] $34,760.29
FIXED FEE (Profit)
q) (Rate: 10.00% )
k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $6,021.08
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS $0.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: $0.00
Subconsultant 2: $0.00
m) TOTAL SUBCONSULTANTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $0.00 TOTAL COST [(c) +(j) + (k) + (n)] $66,231.87
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Description of Item
Inspector Matt Ramsey**
Project Engineer Neil Novotny, EIT
Project Manager Brad Riel, PE*
CM / Resident Engineer Kramer Walker, PE*
Assistant Resident Engineer Kolton Walker, PE
Assistant Resident Engineer John Seymour, PE*
EXHIBIT 10-H1 COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
NV5, Inc.
Classification/Title Name
Local Assistance Procedures Manual Exhibit 10-H1
Consultant Contract No. 2024-111 Task Order #5 Date 1/28/2025
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$25,450.50 = $87.76 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $87.76 + = $92.15 Year 2 Avg Hourly Rate
Year 2 $92.15 + = $96.76 Year 3 Avg Hourly Rate
Year 3 $96.76 + = $101.59 Year 4 Avg Hourly Rate
Year 4 $101.59 + = $106.67 Year 5 Avg Hourly Rate
Year 5 $106.67 + = $112.01 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 290.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 290.0
Year 1 $87.76 * = $25,450.50 Estimated Hours Year 1
Year 2 $92.15 * = $0.00 Estimated Hours Year 2
Year 3 $96.76 * = $0.00 Estimated Hours Year 3
Year 4 $101.59 * = $0.00 Estimated Hours Year 4
Year 5 $106.67 * = $0.00 Estimated Hours Year 5
= $25,450.50
= $25,450.50
= $0.00 Transfer to Page 1
NOTES:
1 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that the year one rates expire 12/31/25 and salary increases due to escalation are effective 01/01/26. 4 Calculations for anticipated salary escalation must be provided.
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
290
0 0
0 0
Total Direct Labor Cost with Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above) Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
290.0
290.0
290.0
290.0
290.0
5%
per Cost Proposal per Cost Proposal
290
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
NV5, Inc.
Direct Labor Subtotal
Total Hours
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
Local Assistance Procedures Manual Exhibit 10-H
Cost Proposal
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name: Lori Goodwin Title *: Vice President
Signature : Date of Certification (mm/dd/yyyy): 1/28/2025 Email: [email protected] Phone Number: 559-661-5228
Address: 2109 West Bullard Avenue, Suite 145, Fresno, CA 93711 * An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Construction Management Services
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).
LPP 15-01
January 2018
KRAMER WALKER, PE | Resident Engineer
Kramer Walker brings twelve years of experience on transportation improvements in the Central Valley working as a Project Manager, Resident Engineer, Assistant Resident Engineer and Office Engineer. He has worked on the construction of major expressway, highway, interchange, bridge, and utili ty projects. Kramer has in- depth knowledge of the Caltrans Standard Plans, Specifications, and Construction Manual procedures.
PROJECT EXPERIENCE
ROADS PROGRAM PROJECTS 23-031 BP2 & 23-033
CITY OF TURLOCK
Resident Engineer for the $3.5 million and $2.9 mil lion roadway rehabilitation projects. Project 23-031 BP2 includes the reconstruction of concrete curb and gutter, sidewal k, driveway, and curb ramp improvements, cold-plani ng of existing roadway surface, full depth reclamation (FDR-C) of the existing roadway structural section, and HMA pavement placement.
Project 23-033 includes the reconstruction of concrete curb and gutter, sidewalk, driveway, and curb ramp improvements, removal of the existing roadway structural section, and full depth HMA pavement reconstruction. Prior to construction, responsibilities included a thorough constructabili ty review of the project plans and specifications. During construction, responsible for full Resident Engineer duties.
MANNING AVENUE PHASE 3 PAVEMENT REHABILITATION
CITY OF REEDLEY
Resident Engineer for the $3.1 million sewer line replacement and roadway rehabilitation project. The project includes the rehabilitation of approximately 2,700 linear feet o f roadway on Manning Avenue utilizing numerous diff erent methods, including full depth section removal and replacement, 6-inch isolated dig-out areas, and variable dept h grind followed by pavement fabric placement and an HMA overlay. Manning Avenue is a four-lane divided major arterial street that is a heavily traveled route for vehicles, public transportation, bicyclists, and pedestrian paths serving numerous businesses, residences, schools, and public offices through the center of Reedley. Prior to construction, responsibilities included developing a traffic management plan and performing a thorough construct ability review of the project plans and specificati ons. During construction, responsible for full Resident Engineer duties.
EDUCATION
BS, Civil Engineering, California
State University, Fresno
EXPERIENCE
12 years
REGISTRATIONS
Registered Professional Engineer
(CA), #C84284
JOHN SEYMOUR, PE | Assistant Resident Engineer
John Seymour brings seven years of experience on Ci ty and County improvement projects in the Central Valley working as a Senior Engineering Associate for Merced County and the City Engineer for the City of Atwater. He has worked on a variety of capital improvement projects, including roadway rec onstruction, traffic signalization, and water storage tank projects. The se projects had numerous different local, state, and federal funding requirements, and were constructed to City, County, and Caltrans Standards.
PROJECT EXPERIENCE
CITY ENGINEER
CITY OF ATWATER
07/20123 -11/2024
As City Engineer for the City of Atwater, duties included project management of the City’s Public Improvement Projects. This included developing capital improvement projects fr om PS&E through construction. Typical projects inc luded utility relocations, roadway reconstruction and widenings, concrete improvements, and traffic signalization.
ENGINEERING ASSOCIATE
MERCED COUNTY
01/2018-06/2023
As an Engineering Associate and a Senior Engineerin g Associate for Merced County Department of Public Works, responsibilities included project management on various public works projects including roadway reconstruction, sidewalk in-fill, underground storage tank removal and remedi ation, and traffic signalization. Typical duties i ncluded engineering design and plan set review, engineering estimates, construction inspection and construction management, and ensuring conformance with Caltrans LAPM requirements on Federal Projects.
MATT RAMSEY | Inspector
Matt Ramsey has been providing construction managem ent and inspection services on roadways and highways since 2013. He has a strong working knowledge of Caltrans’ construction practices and th e agency’s Standard Plans and Specifications, Construction Manual, Best Pract ices Manual, Materials Sampling and Testing Manual, Traffic Manual, and Survey Manual. Mr. Ramsey is proficient in all aspects of required field and office construction engineering work, including: inspecting construction activities; eval uating traffic control systems; preparing contract change orders (CCOs); calculatin g monthly pay estimates; reviewing submittals, RFI’s, and claims; and monitoring SWPPP systems.
PROJECT EXPERIENCE
ROADS PROGRAM PROJECTS 23-031 BP2
CITY OF TURLOCK
Lead Inspector for the $3.5 million roadway rehabil itation projects. Project 23-031 BP2 included the r econstruction of concrete curb and gutter, sidewalk, driveway, and curb ramp improvements, cold-planing of existing roadway surface, full depth reclamation (FDR-C) of the existing roadway s tructural section, and HMA pavement placement. Res ponsibilities included inspecting the Contractor’s work to ensure compliance with the project plans, specifications, and City Standards; preparing daily inspection reports; measuring and v erifing pay quantities for progress payments; coord inate technicians performing materials testing; assist with public re lations (respond to public inquires and distribute construction notices); assist the Resident Engineer with the review and processing of RFI’s, change orders, and daily extra work forms.
BENTLEY ROAD RECONSTRUCTION PROJECT
STANISLAUS COUNTY
Construction inspector for the $3.2 million roadway reconstruction project. It included rebuilding 18, 450 feet of Bentley Road using full depth reclamation (FDR) with a 5% cement blend. The limits of the reconstruction were from Milnes Road to Patterson Road. The FDR base was overlaid with 3” of hot mix asphalt (HMA). After the paving was completed, shoulder backing was constructed along the both edges of the new HMA. The project was constructed in stages, and responsibilities included managing the traffic control, detours and materials testing during construction.
EDUCATION
BS, Civil Engineering, University of
California Davis
EXPERIENCE
7 years
REGISTRATIONS
Registered Professional Engineer
(CA), #C92033
EDUCATION
B.S. Civil Engineering -
California State University,
Fresno
EXPERIENCE
11 years
City Council Staff Report
February 25, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Darlene Ingersoll, Principal HR Analyst
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Approving the establishment of a new job description for a Public Works Construction Inspector, Senior- Roads to include the reclassification of incumbent assigned to the Roads Program effective March 2, 2025, and amend the Turlock City Employees Association (TCEA) Salary Schedule effective February 25, 2025, and appropriate $4,312 to salary and various benefit account numbers in 115-10-115 "Measure A Roads" from March 2, 2025 through June 30, 2025
2. DISCUSSION OF ISSUE:
Staff is requesting the establishment of a new job description of Public Works Construction Inspector, Senior- Roads. The new position allocation was approved at mid-year budget on April 8, 2024. The Municipal Services Department reorganization was approved by City Council on May 14, 2024 and the revised Municipal Services Department Organization Chart was approved on June 26, 2024 with an effective date of July 1, 2024. The incumbent was assigned to this position allocation under the Roads Program effective April 8, 2024 and is currently working out of class. Staff has analyzed the appropriate job description and salary range to align with the actual duties and responsibilities of the position allocation. Also, staff has been working on a classification study that assisted in the creation and determination of this new job description and salary range.
Staff is now bringing forward the recommendation for approval of:
• Establishment of a new job description for a Public Works Construction Inspector, Senior- Roads in TCEA with a salary range of 32.1 effective February 25, 2025. • Reclassification of incumbent assigned to Roads Program to a Public Works Construction Inspector, Senior- Roads effective March 2, 2025. • Appropriate funds in the amount of $4,312 to salary and various benefit account numbers in 115-10-115 "Measure A Roads" from March 2, 2025 though June 30, 2025.
The Public Works Construction Inspector, Senior- Roads is designated as represented by TCEA for labor relations purposes and is considered non- exempt under the Fair Labor Standards Act (FLSA). TCEA agrees and has no concerns with the recommended job description and salary range.
3. BASIS OF RECOMMENDATION:
The recommended actions support the City of Turlock Roads Program and reorganization of the Municipal Services Department by providing a focused alignment of job responsibilities and increased Inspection functions which leads to more efficiently run City services and as a result better service to the public.
Agenda Staff Report
2/25/2025
The establishment of this new job description, salary range and reclassification of incumbent is appropriate to meet the business needs and increasing complex Roads Program inspection responsibilities as well as provide the Roads Program Manager direct support.
Section 2-4-207 of the Turlock Municipal Code provides that the City Manager is responsible for the efficient administration of all affairs of the City which are under his control. Section 2-4-207(d) of the Turlock Municipal Code provides the City Manager with the power and duty to recommend to the City Council the reorganization of offices, positions, departments, or units under his direction as he may deem in the interest of the efficient, effective, and economical conduct of the City’s business.
City Council approval is required for any new and/or updated job descriptions.
4. FISCAL IMPACT / BUDGET AMENDMENT:
Appropriate from March 2, 2025 through June 30, 2025, in the amount of $4,312 to salary and various benefit account numbers in 115-10-115 "Measure A Roads." The annual cost of this reclassification is $12,935.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
N/A
8. ALTERNATIVES:
Council may choose not to approve the recommended actions. However, this is not recommended.
9. ATTACHMENTS:
1. Attachment A - Draft Resolution
2. Attachment B- Job Description- Public Works Construction Inspector, Senior- Roads
3. Attachment C- TCEA Salary Schedule 02.25.25
Attachment A
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
APPROVING THE ESTABLISHMENT OF A } RESOLUTION NO. 2025-XXX NEW JOB DESCRIPTION FOR A PUBLIC }
WORKS CONSTRUCTION INSPECTOR, }
SENIOR- ROADS TO INCLUDE THE }
RECLASSIFICATION OF INCUMBENT }
ASSIGNED TO THE ROADS PROGRAM }
EFFECTIVE MARCH 2, 2025, AND AMEND }
THE TURLOCK CITY EMPLOYEES }
ASSOCIATION (TCEA) SALARY SCHEDULE }
EFFECTIVE FEBRUARY 25, 2025, AND }
APPROPRIATE $4,312 TO SALARY AND }
VARIOUS BENEFIT ACCOUNT NUMBERS IN}
115-10-115 “MEASURE A ROADS” FROM }
MARCH 2, 2025 THROUGH JUNE 30, 2025 }
___________________________ }
WHEREAS, Section 2-4-207 of the Turlock Municipal Code provides that the City Manager is responsible for the efficient administration of all affairs of the City which are under his control and Section 2-4-207(d) of the Turlock Municipal Code provides the City Manager with the power and duty to recommend to the City Council the reorganization of offices, positions, departments, or units under his direction as he may deem in the interest of the efficient, effective, and economical conduct of the City’s business ; and
WHEREAS, the incumbent was assigned to this position allocation under the Roads Program effective April 8, 2024 and is currently working out of class. Staff has analyzed the appropriate job description and salary range to align with the actual duties and responsibilities of the position allocation; and
WHEREAS, the establishment of this new job description, salary range and reclassification of incumbent is approp riate to meet the business needs and increasing complex Roads Program inspection responsibilities as well as provide the Roads Program Manager direct support; and
WHEREAS, Staff is now bringing forward the recommendation for approval of:
• Establishment of a new job description for a Public Works Construction Inspector, Senior- Roads in TCEA with a salary range of 32.1 effective February 25, 2025; and
• Reclassification of incumbent assigned to Roads Program to a Public Works Construction Inspector, Senior- Roads effective March 2, 2025; and
• Appropriate funds in the amount of $4 ,312 to salary and various benefit account numbers in 115-10-115 “Measure A Roads” from March 2, 2025 June 30, 2025; and
Resolution No. 2025-XXX
WHEREAS, the fiscal impact to appropriate from March 2, 2025 through June 30, 2025, in the amount of $4,312 to salary and various benefit account numbers in 115-10- 115 “Measure A Roads” and the annual cost of this reclassification is $12,935; and
WHEREAS, the recommended actions support the City of Turlock Roads Program and reorganization of the Municipal Services Department by providing a focused alignment of job responsibilities and increased Inspection functions which leads to more efficiently run City services; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the establishment of a new job description for a Public Works Construction Inspector, Senior- Roads to include the reclassification of incumbent assigned to Roads Program effective March 2 , 2025, and amend the Turlock City Employees Association (TCEA) Salary Schedule effective February 25, 2025, and appropriate $4,312 to salary and various benefit account numbers in 115 -10-115 “Measure A Roads” from March 2, 2025 through June 30, 2025.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 25th day of February 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of
Stanislaus, State of California
Attachment B
City of Turlock
PUBLIC WORKS CONSTRUCTION
INSPECTOR, SENIOR- ROADS
DEFINITION
Under direction performs complex inspections of Roads Program projects to ensure compliance with all approved plans, specifications, ordinances, rules and regulations of the City of Turlock; enforces applicable safety standards and regulations; maintains records and prepares reports pertaining to projects inspected; enforces encroachment permits.
This classification is assigned to the miscellaneous bargaining unit for labor relations purposes and is subject to overtime, evening, and weekend assignments.
DISTINGUISHING CHARACTERISTICS
This is an advanced journey level classification in the Construction Inspector series. Individuals working in this classification are expected to perform the full range of inspection activities including quality control, quality assurance, record management and handle the more complex inspections.
Positions in this classification are normally filled by advancement from the City of Turlock Public Works Construction Inspector classification.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Roads Program Manager or designee. Exercises no supervision.
Individuals may provide technical expertise and direction to less experienced individuals.
ESSENTIAL FUNCTIONS – DUTIES MAY INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Perform inspections for a variety of Roads Program projects including crack seal, slurry seal, micro-surfacing, cape seal, multilayer treatment, grind and overlay, full depth recycling (FDR), traffic signal construction, and landscaping installation for conformance with specifications and design plans; checks line, grade, size, elevation, and location of underground structures.
Identifies problem areas and directs remedial action.
• Supports the Roads Program Manager by functioning as a liaison between the field and the office.
• Provides due diligence for the Roads Program construction projects, on behalf of the City, by overseeing the construction activities of multiple contractors and several construction management consultants.
• Participates in field walk-throughs with design consultants and assists with developing project scope of services.
• Reviews project documents on CMIS (web-based document management system) and ensure project documents are posted and maintained in a timely basis. • Assists with reviewing all Roads Program contractor submittals. • Assists with reviewing Roads Program contractor pay requests, contract change orders and potential claims.
• Performs constructability review of consultant design plans. • Monitors traffic control at construction sites and coordinates corrections if required. • Reviews submittals and checks materials in the field for conformance to City Standards; record amounts of materials used and work performed; prepares necessary reports for progress payments and record of work completed.
Attachment B
• Review plans and specifications of assigned projects; attend pre-construction conferences as necessary.
• Inspect materials for identification and conformance to project specifications. • Meet with contractors, property owners, and utility companies regarding City standards, concerns, and issues.
• Perform and coordinate a variety of field tests.
• Observe work in progress, monitor contractor work force for adequate staffing levels. • Inspect adjacent properties for damage from construction activities. • Coordinate work with other City departments and utilities. • Prepare a variety of activity records, and reports; interview of contractor work force when required; ensures payment of prevailing wages to contractor work force on Capital Projects. • Reviews and enforces encroachment permit requirements for work in the public right of way. • Provides advice and direction on complex matters to City staff, consultants and contractors, as related to these duties.
• Confers with property owners regarding project schedule hazards and inconvenience. • Responds to inquiries and complaints from the public; attends meetings with other departments, City staff and concerned citizen organizations.
• Inspect and coordinate encroachment permits.
• Perform related duties as assigned.
QUALIFICATIONS:
Knowledge of:
• Principles, methods, materials, equipment, and safety hazards of construction inspection. • Basic mathematics including algebra, geometry, and trigonometry. • Defects and faults in construction.
• Basic soil mechanics and geology, including soils testing and sampling. • Materials sampling and estimate procedures.
• Engineering mechanics of structures.
• Applicable laws, regulations, codes, and departmental policies governing the construction of assigned projects.
• Various pavement preservation and rehabilitation methods. • Design plans, blueprints, engineering drawings, and specifications for roadway construction and maintenance projects.
• Work area traffic control standards and requirements. • Underground construction methods and OSHA safety requirements. • Asphalt and concrete construction requirements and technology. The tools, instruments and equipment used in construction of street improvements and underground structures. • Permitting of work in the public right of way.
• Public works construction requirements.
• Soil testing and sampling.
• Advanced inspection procedures.
• Concrete and asphalt applications
• Specialized inspections
• State and Federal Aid projects, storm lines, boring and jacking procedures, street signals.
Ability to:
• Understand and interpret engineering plans and specifications and prepare accurate engineering records.
• Identify and pinpoint substandard materials and workmanship and establish the phase of construction when flaws are most readily detected and corrected. • Deal firmly and tactfully with contractors, construction managers, design engineers and property owners.
Attachment B
• Ability to recognize jobsite safety issues and alert the contractor’s safety officer. • Establish and maintain cooperative relationships with those contacted in the course of work. • Communicate clearly and concisely, both orally and in writing. • Coordinate Roads Program construction activities with project managers and inspectors for other ongoing construction projects.
• Deal tactfully and effectively with contractors, workers, and the general public.
Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Five years of increasingly responsible experience performing a variety of construction inspection work or experience in performing construction work on a variety of public works construction projects, or two years as a Public Works Construction Inspector, Senior; or three years as a Public Works Construction Inspector with the City of Turlock.
Training:
Equivalent to an Associate of Arts degree with major course work in civil engineering, construction technology or a related field and three (3) units of supervisory/management training. Or an additional two years of responsible inspection experience which would provide the knowledge and abilities described above and six (6) continuing education units in the related field and three (3) units of supervisory/management training may be substituted for educational requirement.
Licenses:
Possession of a valid Qualified SWPPP Practitioner (QSP) certificate or ability to obtain one within 18 months of appointment, to be maintained as a condition of employment. Possession of a valid California Driver’s License at time of appointment, to be maintained as a condition of continued employment.
ADDITIONAL INFORMATION:
Physical Conditions:
Maintain the following physical abilities: see well enough to drive a vehicle and to make visual inspections; hear and speak well enough to converse on the telephone and in person; be able to communicate clearly without amplification; bodily mobility to move rapidly from one area to another, sometimes over rough terrain; sometimes bending over and lifting up objects; climb stairs or ladders; use of hands and fingers to write; operate a computer keyboard and handle plans and documents; stamina to work long hours and inspect construction work at night as needed.
FLSA Status: Non- Exempt
Bargaining Unit: TCEA
Established: February 25, 2025
Reviewed and Approved:
_____________________________
Personnel Officer
_____________________________
Date
TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/24
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
OFFICE ASST I 13.9 3376 3545 3722 3909 4104
FACILITIES MAINT. ASST 15.2 3595 3774 3963 4161 4369
ACCOUNT CLERK I 15.2 3595 3774 3963 4161 4369
OFFICE ASST II 15.9 3722 3909 4104 4309 4525
TRAFFIC TECHNICIAN TRAINEE 16.6 3851 4043 4245 4457 4680 ACCOUNT CLERK II 17.2 3963 4161 4369 4588 4817
FIELD SERVICES TECHNICIAN 17.2 3963 4161 4369 4588 4817 MAINTENANCE WKR I 17.2 3963 4161 4369 4588 4817
SHIPPING & RECEV INV SPEC 17.2 3963 4161 4369 4588 4817 FLEET MAINT SERVICE WKR 17.9 4104 4309 4525 4751 4988
COMMUNITY SERV COORDINATOR 18.0 4120 4326 4542 4769 5008 PARTS CLERK 18.2 4161 4369 4588 4817 5058
ACCOUNTS PAYABLE CLERK 19.2 4369 4588 4817 5058 5311
ACCOUNT CLERK, SR 19.2 4369 4588 4817 5058 5311
MAINTENANCE WKR II 19.2 4369 4588 4817 5058 5311
CODE COMPLIANCE TECHNICIAN 19.2 4369 4588 4817 5058 5311 PLANNING ASSISTANT 19.2 4369 4588 4817 5058 5311
SECRETARY 19.2 4369 4588 4817 5058 5311
UTILITY MAINT WKR I 19.4 4413 4634 4866 5109 5364
WATER CONSERVATION WORKER 19.4 4413 4634 4866 5109 5364 TRAFFIC TECHNICIAN I 19.6 4457 4680 4914 5160 5418
CODE ENFORCEMENT OFFICER 20.2 4588 4817 5058 5311 5577
BUILDING INSPECTOR, TRNEE 20.8 4727 4964 5212 5472 5746 FLEET MAINT. MECHANIC I 20.9 4751 4988 5238 5500 5775
NEIGHBORHOOD SERVICES TEC 21.0 4769 5008 5258 5521 5797 POLICE RECORDS TECH 21.0 4769 5008 5258 5521 5797
STAFF SERVICES ASSISTANT 21.0 4769 5008 5258 5521 5797
LABORATORY ANALYST I 21.1 4793 5033 5285 5549 5826
ACCOUNTING TECHNICIAN 21.2 4817 5058 5311 5577 5855
MAINTENANCE WKR, SR. 21.2 4817 5058 5311 5577 5855
SECRETARY, SR. 21.2 4817 5058 5311 5577 5855
COMMUNITY DEV-SERVICE TEC 21.3 4841 5083 5338 5604 5885 UTILITY MAINT WKR II 21.4 4866 5109 5364 5633 5914
WASTEWATER PLT OPR I 21.9 4988 5238 5500 5775 6063
WATER TREATMENT PLANT OPERATOR I 21.9 4988 5238 5500 5775 6063 ADMIN ASST, PUBLIC SAFETY 22.0 5008 5258 5521 5797 6087 ADMINISTRATIVE ASSISTANT 22.0 5008 5258 5521 5797 6087
PERMIT TECHNICIAN 22.5 5134 5391 5661 5944 6241
FLEET MAINT. MECHANIC II 22.9 5238 5500 5775 6063 6367
PLANNING TECHNICIAN 23.0 5258 5521 5797 6087 6392
PURCHASING SPECIALIST 23.0 5258 5521 5797 6087 6392
RECREATION COORDINATOR 23.0 5258 5521 5797 6087 6392
STAFF SERVICES TECHNICIAN 23.0 5258 5521 5797 6087 6392 CRIME & COMMUNITY INFO ANALYST 23.2 5311 5577 5855 6148 6456 PUBLIC SAFETY BUSINESS ANALYST - POLICE 23.2 5311 5577 5855 6148 6456 PUBLIC SAFETY BUSINESS ANALYST - FIRE 23.2 5311 5577 5855 6148 6456 SECRETARY, SUPERVISING 23.2 5311 5577 5855 6148 6456
PUB FAC MAINT - TEAM LEADER 23.2 5311 5577 5855 6148 6456 UTILITY MAINT WKR, SR 23.4 5364 5633 5914 6210 6520
LAND SURVEYING TECH I 23.6 5418 5689 5973 6272 6586
POLICE RECORDS TECH, SR 23.6 5418 5689 5973 6272 6586
TRAFFIC TECHNICIAN II 23.6 5418 5689 5973 6272 6586
WASTEWATER PLT OPR II 23.9 5500 5775 6063 6367 6685
BUILDING INSPECTOR I 24.1 5549 5826 6118 6424 6745
FIRE PREVENTION INSP 24.1 5549 5826 6118 6424 6745
REVISED AND EFFECTIVE 2/25/25
TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/24
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
LABORATORY ANALYST II 24.1 5549 5826 6118 6424 6745
ACCOUNTANT I 24.2 5577 5855 6148 6456 6778
PLANNER, ASSISTANT 24.3 5604 5885 6179 6488 6812
HOUSING FINANCE SPECIALIST, TRAINEE 24.3 5604 5885 6179 6488 6812 FLEET MAINT. MECHANIC, SR 24.9 5775 6063 6367 6685 7019 ELECTRICAL MECH TECH I 25.0 5797 6087 6392 6711 7047
INFORMATION TECHNOLOGY TECH 25.2 5855 6148 6456 6778 7117 HOUSING FINANCE SPEC I 25.3 5885 6179 6488 6812 7153
HOUSING REHABIL. SPEC I 25.3 5885 6179 6488 6812 7153
HOUSING REHABILITATION SPECIALIST /
INSPECTOR TRAINEE 25.3 5885 6179 6488 6812 7153
HOUSING PROGRAM SPEC I 25.3 5885 6179 6488 6812 7153
FIRE OPERATIONS SUPPORT ANALYST 25.6 5973 6272 6586 6915 7261 PLANS EXAMINER I 25.6 5973 6272 6586 6915 7261
PURCHASING COORDINATOR 25.6 5973 6272 6586 6915 7261
TRAFFIC TECHNICIAN, SR. 25.6 5973 6272 6586 6915 7261
WASTEWATER PLT OPR, SR 25.9 6063 6367 6685 7019 7370
LABORATORY ANALYST, SR 26.1 6118 6424 6745 7082 7436
ACCOUNTANT II 26.2 6148 6456 6778 7117 7473
HOUSING REHABIL. SPEC II 26.3 6179 6488 6812 7153 7511
HOUSING FINANCE SPEC II 26.3 6179 6488 6812 7153 7511
HOUSING PROGRAM SPEC II 26.3 6179 6488 6812 7153 7511
UTILITIES SUPERVISOR, ASST 26.4 6210 6520 6846 7189 7548 PUB FACIL MAINT SUPV, ASST 26.4 6210 6520 6846 7189 7548 ELECT/INSTRUMENT TECH 27.0 6392 6711 7047 7399 7769
ELECTRICAL MECH TECH II 27.0 6392 6711 7047 7399 7769
WATER TREATMENT PLANT OPERATOR II 27.0 6392 6711 7047 7399 7769 MAINTENANCE TECHNICIAN II 27.0 6392 6711 7047 7399 7769 BUILDING INSPECTOR II 27.1 6424 6745 7082 7436 7808
HOUSING REHABILITATION SPECIALIST /
INSPECTOR I 27.1 6424 6745 7082 7436 7808
PUBLIC WORKS CONST INSP 27.1 6424 6745 7082 7436 7808
INFO TECH ANALYST I 27.2 6456 6778 7117 7473 7847
PLANNER, ASSOCIATE 27.3 6488 6812 7153 7511 7886
REDEV/ECON DEV ANALYST 27.3 6488 6812 7153 7511 7886
TRANSIT PLANNER 27.3 6488 6812 7153 7511 7886
ENVIRONMENTAL COMPL INSP 27.4 6520 6846 7189 7548 7926
ENGINEERING PROJECT COORDINATOR 27.6 6586 6915 7261 7624 8005
COORDINATOR FOR
UNSHELTERED/HOMELESS PROGRAMS 27.6 6586 6915 7261 7624 8005 LAND SURVEYING TECH II 27.6 6586 6915 7261 7624 8005
PLANT OPERATOR, LEAD 27.9 6685 7019 7370 7739 8126
PARKS,REC & PUB FAC SUPERVISOR 27.9 6685 7019 7370 7739 8126 RECREATION SUPERVISOR 27.9 6685 7019 7370 7739 8126
STAFF SERVICES ANALYST 28.0 6711 7047 7399 7769 8157
FLEET MAINT. SUPVERVISOR 28.5 6881 7225 7586 7965 8363
PLANS EXAMINER II 28.6 6915 7261 7624 8005 8405
ELECT/INSTRUMENT TECH, SR 29.0 7047 7399 7769 8157 8565 ELECTRICAL MECH TECH, SR 29.0 7047 7399 7769 8157 8565
INSTRUMENT AND CONTROL TECHNICIAN, SR 29.0 7047 7399 7769 8157 8565 MAINTENANCE TECHNICIAN, SR 29.0 7047 7399 7769 8157 8565 WATER TREATMENT PLANT OPERATOR, SR 29.0 7047 7399 7769 8157 8565
HOUSING REHABILITATION SPECIALIST /
INSPECTOR II 29.2 7117 7473 7847 8239 8651
INFO TECH ANALYST, II 29.2 7117 7473 7847 8239 8651
REVISED AND EFFECTIVE 2/25/25
TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/24
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ENGINEER, ASSISTANT 29.6 7261 7624 8005 8405 8825
ELECT/MECH MAINTENANCE SUPV, ASST 30.0 7399 7769 8157 8565 8994 BUILDING INSPECTOR, SR 30.1 7436 7808 8198 8608 9039
PUBLIC WORKS CONS INSP SR 30.1 7436 7808 8198 8608 9039 ASSET ANALYST 30.3 7511 7886 8280 8694 9129
PLANNER, SENIOR 30.3 7511 7886 8280 8694 9129
TRANSIT ANALYST 30.3 7511 7886 8280 8694 9129
UTILITIES SUPERVISOR 30.4 7548 7926 8322 8738 9175
POLICE RECORDS SUPERVISOR 30.4 7548 7926 8322 8738 9175 WQC LABORATORY SUPERVISOR 30.4 7548 7926 8322 8738 9175 WQC SUPERVISOR 30.4 7548 7926 8322 8738 9175
FIN CUSTOMER SERVICE SUPV 30.4 7548 7926 8322 8738 9175 PURCHASING SUPERVISOR 30.4 7548 7926 8322 8738 9175
ACCOUNTANT III 31.2 7847 8239 8651 9084 9538
PLANS EXAMINER, SR 31.6 8005 8405 8825 9267 9730
ENGINEER, ASSOCIATE 31.6 8005 8405 8825 9267 9730
LAND SURVEYOR, ASST 31.6 8005 8405 8825 9267 9730
PUBLIC WORKS CONSTRUCTION
INSPECTOR, SENIOR - ROADS 32.1 8198 8608 9039 9490 9965 ELECT/MECH MAINTENANCE SUPV 33.0 8565 8994 9443 9915 10411 PUBLIC MAINT SUPERVISOR 33.0 8565 8994 9443 9915 10411
WATER TREATMENT PLANT SUPERVISOR 33.0 8565 8994 9443 9915 10411 PLANNER, PRINCIPAL 33.6 8825 9267 9730 10217 10727
CIVIL ENGINEER, ASSOC 33.6 8825 9267 9730 10217 10727
LAND SURVEYOR 33.6 8825 9267 9730 10217 10727
INFO TECH ANALYST, SR 34.2 9084 9538 10015 10516 11041
GIS COORDINATOR 34.2 9084 9538 10015 10516 11041
CIVIL ENGINEER, SR 35.6 9730 10217 10727 11264 11827
INFO TECH COORDINATOR 36.2 10015 10516 11041 11593 12173 REVISED AND EFFECTIVE 2/25/25
City Council Staff Report
February 25, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Adrienne Werner, Development Services Director Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Second and final reading of the Ordinance: Amending the Zoning Map of the City of Turlock, attached to Title 9 of the Turlock Municipal Code [Rezone 2024-02], Bright Development at 1601 W. Monte Vista Avenue and 3201 Four Seasons Drive, Stanislaus County APNs 087-012-053 and 087-008-085
2. DISCUSSION OF ISSUE:
Bright Homes is proposing to subdivide two parcels totaling approximately 13.61-acres, into 114 single-family residential lots. The subject properties are located at 1601 W. Monte Vista Avenue and 3201 Four Seasons Drive, Stanislaus County APNs 087-012-053 and 087-008- 085.
The 9.86-acre parcel located at 1601 W. Monte Vista Avenue is zoned Community Commercial (CC) with an underlying General Plan Designation of Community Commercial (CC). The request is to amend the General Plan Designation of Community Commercial (CC) to Medium Density Residential (MDR) and rezone the property from Community Commercial to PD 284 to facilitate the subdivision of the 9.86-acre parcel into single-family residential lots. The 3.75-acre parcel located at 3201 Four Seasons Drive is zoned Medium Density Residential (RM) with a General Plan designation of Medium Density Residential (MDR). The 3.75-acre parcel will be rezoned from Medium Density Residential to PD 284 to facilitate the subdivision of the property into single-family lots.
The proposed lots will range in size from 3,150 square feet to 5,488 square feet. The entrance into the development will be from Snowbird Drive. All internal roadways will be private roads. A General Plan Amendment, Rezone and Planned Development are proposed to allow for the amendment to the underlying general plan designation and rezoning of the commercial property for residential use, deviations from the development standards in the Medium Density Residential (RM) zoning district, and the proposed internal private roads. The proposed setbacks for the development will be 10’ front yard, 16’ rear yard, 10’ corner side yard and 5’ interior side yard. All setbacks are measured from the property line to the nearest portion of the building. A dual use drainage basin will be installed and landscaped to handle the stormwater for the development as well as provide an open space area. A masonry wall is proposed to be constructed along the N. Walnut Road, W. Monte Vista Avenue, and Four Seasons Drive property lines. Off-site improvements including curb, gutter, and sidewalks will be installed along the W. Monte Vista Avenue, Four Seasons Drive, Snowbird Drive, and N. Walnut Road frontages.
SURROUNDING PROPERTIES
Agenda Staff Report
2/25/2025
The properties to the north and west of the project site are zoned PD 186 and are developed with single family residential homes. The property to the east is zoned High Density Residential (RH) and has been entitled for the development of a 348-unit multifamily project.
Monte Vista Avenue is adjacent to the southern property line. Across Monte Vista are properties zoned Low Density Residential and developed with single family homes.
BACKGROUND
The project is located on two parcels totaling approximately 13.61 acres. The applicant is proposing to subdivide the two lots into 114 single family residential lots with private roadways. The 9.86-acre parcel located at 1601 W. Monte Vista Avenue is zoned Community Commercial (CC) and the 3.75-acre parcel located at 3201 Four Seasons Drive is zoned Medium Density Residential (RM).
In 1991, the City Council approved Prezone 1991-06, prezoning approximately 87-acres to Planned Development 186 (PD 186). The parcels included in Prezone 91-06 where subsequently incorporated into the City initiated Golden State Annexation which annexed approximately 408-acres in the northwest portion of the city. Prezone 91-06 established a conceptual development of 77-acres for residential use and a 10-acre commercial component. The overall development would provide a variety and mixture of sizes and types of homes and a variety of commercial uses that would serve the neighborhood. At the time, the opportunities for commercial retail and neighborhood service uses were anticipated to fill a void for services in the newer and expanding area of Turlock. The closest commercial and retail centers were on Geer Road. The proposed commercial portion of the development was identified as the northwest corner of Monte Vista Avenue and Walnut Road, the same
Agenda Staff Report
2/25/2025
location as the proposed 114-lot subdivision. PD 186 established a development plan and conditions of approval. The project was to be developed in phases through the subsequent submittal of tentative subdivision maps. The table below details the phases and tentative subdivision maps approved for the Four Seasons Development.
PHASE SUBDIVISION
NAME
ACTION DATE APPROVED NUMBER
OF LOTS
Monte Vista Village VTSM 95-02 November 1997 100
Phase 1 Summer Creek VTSM 97-02 November 1997 14
Phase 2 Spring Crest VTSM 96-05 March 1997 81
Phase 3 Autumn Brook VTSM 00-01 March 2000 82
Phase 4 Winter Haven VTSM 00-04 July 2000 92
Phase 5 Neighborhood
Commercial
No application
received
NA NA
Throughout the various approvals to create residential lots, the remainder was always envisioned to be developed with neighborhood commercial uses but no commercial development has been proposed or developed. The vacant 13-acres have over the years been planted with strawberries and a fruit stand operating during the spring and summer months.
PROJECT EVALUATION
General Plan Amendment/Rezone/Planned Development Request General Plan Amendment
Bright Homes is proposing to amend the General Plan designation of the property located at 1601 W. Monte Vista Avenue, Stanislaus County APN 087-012-053 from Community Commercial (CC) to Medium Density Residential and rezone the property from Community Commercial (CC) to Planned Development 284 (PD 284) with a new underlying zoning of Medium Density Residential (RM) to facilitate the subdivision of the 9.86-acre into 81 single- family residential lots, at a density of 8-units to the acre. The 3.75-acre parcel located at 3201 Four Seasons Drive is zoned Medium Density Residential (RM) with a General Plan designation of Medium Density Residential (MDR). The 3.75-acre parcel will be rezoned from RM to PD 284 to facilitate the subdivision of the property into 33 single-family lots, a density of 8-units to the acre.
The Medium-Density Residential designation allows for 7 to 15 residential units per acre. As proposed the 13.61-acre project will develop at a density of 8-units to the acre meeting the minimum density with the proposed 114-lot subdivision.
The subject site is surrounded by properties designated for and developed with residential uses at varying densities.
Agenda Staff Report
2/25/2025
General Plan 2.5-c, 6.1-h and 6.2-c call for encouraging infill development on vacant parcels while preserving the scale and character of existing neighborhoods. This project would develop an infill lot with residential uses within the allowed density of the RM Zoning District.
The project will develop single family homes at a slightly greater density than some of the surrounding single family homes, but at a lower density than the planned apartment project across Walnut Road, creating a transition between the various residential projects in the area.
General Plan Policy 2.5-a calls for increasing the diversity in the citywide mix of housing types by encouraging development of housing at a broad range of densities and prices, including small-lot single-family, townhouses, apartments, and condominiums. Policy 6.2-i calls for the review of the zoning ordinance standards in residential zones to allow for all housing types of the appropriate densities. The proposed small lot single family houses meet the intent of the RM zoning district while also blending with the existing single-family homes in the area.
Planned Development
Turlock Municipal Code 9-2-113 describes the purpose of a Planned Development as follows:
(a) Purpose. The purpose of the planned development standards and procedures is:
(1) To ensure orderly and thorough planning and review procedures that will result in quality urban design;
(2) To encourage variety and avoid monotony in developments by allowing greater freedom and flexibility with the use of alternative development standards; (3) To provide a mechanism whereby the City may authorize desirable developments consistent with the Turlock General Plan;
(4) To encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it;
(5) To encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended; and
(6) To encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.
The proposed project is a Planned Development because there are requested deviations from the development standards. These deviations are described in further detail below.
Setbacks and Lot Size
In order to meet the required number of units the project proposes smaller lots than the minimum lot size for the RM Zoning District as well as deviations from the setbacks. The minimum lot size in the RM zoning district is 6,000 square feet. The proposed lots will range in size from 3,150 square feet to 5,488 square feet. The minimum lot dimensions are compared below:
Lot Dimensions RM Zoning District Proposed PD Lot
Dimensions
Width 60 feet Average 45 feet
Agenda Staff Report
2/25/2025
Depth 100 feet Average 70 feet
The minimum setbacks in the RM zoning district and the proposed setbacks are compared in the table below:
Setbacks RM Zoning District Proposed PD Setbacks
Front yard 20 feet 10 feet
Side yard (interior) 10 feet 5 feet
Corner side (street) 15 feet 10 feet
Rear 10 feet 16 feet
All setbacks are measured from the property line to the nearest portion of the building. The deviations from the setbacks and minimum lot size allow the project to be developed as small lot single family homes.
The minimum lot size and setbacks established in the RM Zoning district were established to apply to lots being developed with multiple units on one lot such as triplexes or apartment complexes and do not consider lot sizes and setbacks to facilitate small lot single family home developments. The deviations from the setbacks and minimum lot size allow the project to be developed as small lot single family homes while staying within the required minimum density.
Open Space
The RM district requires 10% common recreational open space plus 500 square feet of useable open space. The project will meet these requirements with the backyards on each lot as well as a 19,503 square foot dual use drainage basin that will be installed and landscaped.
Parking
The houses will each have a two-car garage. The RL zoning district requires 2 on-site parking spaces per unit. The RM zoning district requires 1.5 parking spaces per unit and 1 visitor parking space for every 4 units. Under the RL standards 228 parking spaces would be required. Under the RM standards 199 parking spaces would be required. This project will provide 228 parking spaces within the garages and street parking through the subdivision.
Private Streets
Access to the proposed subdivision will be from Snowbird drive. The General Plan roadway standards for a local road measures the right-of-way (ROW) at 56’. This includes 5’ sidewalks, 6’ parkway strip, 7’ parking lane, and two 17’ travel lanes. The proposed interior streets do not meet the minimum standards in the General Plan. Bright Development is proposing a 40’ wide ROW, 4’ sidewalks, 8’ parking lane on one side of the street, and two 12’ travel lanes. Because the interior streets do not meet city standards the streets will be private streets and maintained by an HOA.
Agenda Staff Report
2/25/2025
House Orientation and Elevations
The General Plan also calls for public orientation of homes, discouraging housing units from backing onto local or collector streets. The required sound wall along the Four Seasons Drive and Walnut Road frontages eliminate the public orientation of the homes. Homes along Four Seasons Drive will be accessed via the internal private road and private alleyways. The side yards of the homes will be adjacent to Four Seasons Drive. Breaks in the sound wall and the Emergency Vehicle Access (EVA) will break up the long expanse of wall and provide limited view into the subdivision. Homes along Snowbird Drive will front onto Snowbird Drive and the existing homes to the north. Garage access to the homes along Snowbird Drive is from the internal private roadway and private alleyways. Although the alleyways and the EVA are visible from Four Seasons, Snowbird, Walnut, and Monte Vista vehicles cannot enter the subdivision through these paths.
Bright Homes is proposing two-story homes with four different elevations. The different elevations, roof lines, materials and color scheme, and architectural treatments provides variety throughout the subdivision. Conditions have been added to the project to ensure additional architectural treatments are added to the second story of the façades that side onto Four Seasons Drive and back onto Walnut Road and Monte Vista Avenue.
Noise
The southern property line of the proposed 114-lot subdivision is adjacent to W. Monte Vista Avenue. Monte Vista Avenue is designated as a 4-lane arterial in the General Plan Circulation Element. Arterials collect and distribute traffic from freeways and expressways to collector streets, and vice versa. Monte Vista Avenue is one of the major roadways moving traffic east and west through town. The General Plan limits direct access to arterials with a minimum driveway spacing of 300 feet; therefore, no houses can front onto Monte Vista Avenue. However, the proximity of the subdivision to Monte Vista positions the project within the noise contour for Monte Vista Avenue. See Attachment 4 of this report. General Plan Policy 9.4-d states:
“Required Noise Analysis. Use the noise and land use compatibility matrix (Attachment 6) and Future Noise Contours map (Attachment 5) as review criteria for all new development. For proposed development located where projected noise exposure would be other than “normally acceptable,” and which require discretionary review, require that a noise analysis be conducted.”
Bright Homes submitted an Environmental Noise Assessment with their application. The noise assessment concluded that proposed outdoor activity areas would be exposed to exterior transportation noise levels up to 70 dBA, which exceed the 60 dBA limits for outdoor areas established in the City Noise Ordinance.
The report concluded that a 6’-8’ tall sound wall constructed along the Walnut Road, Monte Vista Avenue, and Four Season Drive frontages would lower the noise level in the outdoor activity areas to 63 dBA or lower complying with the City of Turlock noise standards. The assessment also noted that with modern building construction methods and the construction of the sound wall, interior noise levels on the first and second floors are predicted to be up to 38 dBA at second floors and 40 dBA at first floors meeting the City’s 45 dBA interior noise level standard.
Agenda Staff Report
2/25/2025
Additionally, the sound wall will be landscaped visually softening the masonry wall and provided additional sound attenuation.
Traffic
Bright Development submitted a Traffic Impact Study (TIS) for the proposed subdivision.
The TIS analyzed the existing level of service (LOS) and the LOS with the buildout of the project. The intersections analyzed were Four Seasons Drive/Snowbird Drive, Four Seasons Drive/Monte Vista Avenue, Monte Vista Avenue/Countryside Drive, Monte Vista Avenue/Golden State Boulevard. Currently, Four Seasons Drive operates at a LOS A with the other three intersections operating at a LOS C during AM and PM peak hours. Peak hours are 7:00 am – 9: am and 4:00 pm – 6:00 pm.
The Institute of Transportation Engineers (ITE) define traffic generation or “trip generation” as the number of “vehicle trips” produced by a particular land use or project. The total number of trips generated by a land use includes the inbound and outbound trips. The existing land use for the 3.75-acre parcel is residential and the 9.86-acre parcel is commercial. Using the ITE Trip Generation, 11th Edition the 3.75-acre residential parcel, developed with 33 homes, would generate approximately 311 average weekday vehicle trips. The 9.86-acre commercial parcel could be developed with 100,000 square feet of commercial/retail uses. A shopping center of that size could generate approximately 3,775 average weekday vehicle trips. The two parcels could potentially generate over 4,000 average weekday vehicle trips. The traffic impact study estimated that the proposed 114-unit residential project would generate approximately 1,138 weekday vehicle trips.
The TIS concluded that at buildout of the project all intersections studied would continue operating at the same LOS as compared to existing conditions with no or minimal increase in expected delay at the intersections.
Public Services & Facilities
Connection to City services is required for this project. The subdivision will also be required to annex to Community Facilities District 2 (CFD #2) to mitigate the ongoing costs of public services.
Public Comment & Planning Commission
Prior to the February 6, 2025 Planning Commission agenda being posted, the Planning Division received many emails from residents in the surrounding neighborhoods regarding the proposed subdivision. Their emails were included in the agenda packet. After the agenda was posted, staff continued to receive emails regarding the project. These emails were provided to the Commissioners and the public at the meeting. Although the residents did not oppose the project they expressed several concerns which are outlined below:
Increased traffic concern: As stated in the staff report and in the traffic study, if the two parcels were developed under the current residential and commercial zoning they could generate over 4,000 average weekday vehicle trips compared to 1,138 weekday vehicle trips approximated in the traffic study for the subdivision.
Agenda Staff Report
2/25/2025
Single entry point: Walnut Road and Monte Vista Avenue are classified in the General Plan as arterial streets and have limited direct access with a minimum driveway spacing of 300-feet; consequently, access to the subdivision from these two streets is less than desirable. There are many residential projects throughout the city, apartment complexes and subdivisions, gated and ungated that have single-entry points from a local street such as Snowbird Drive. The traffic study concluded that the intersections of Four Seasons/Monte Vista and Four Seasons/Snowbird would operate at the same level of service (LOS) as they do now with no or minimal increase in delay with the development of the subdivision.
*During the meeting, the City Engineer and Bright Development worked together to address the single-entry point concern. The Emergency Vehicle Access (EVA) on Four Seasons Drive will be modified and opened for secondary access into and out of the proposed subdivision.
Small lots and closeness of the homes: The lot sizes in the proposed subdivision will range from 3,150 to 5,488 square feet. The underlying zoning of Planned Development 284 as proposed will be Medium Density Residential (RM). The minimum lot size in the RM zoning district is 6,000 square feet. In comparison, the minimum lot size in the Low Density Residential (RL) zoning district is 5,000 square feet and the Low Density Residential 4.5 (RL4.5) is 4,500 square feet. The intent of a Planned Development is to encourage variety and avoid monotony in developments by allowing greater freedom and flexibility with the use of alternative development standards. Likewise, General Plan Policy 2.5-a encourages housing type diversity stating “increase the diversity in the citywide mix of housing types by encouraging development of housing at a broad range of densities and prices, including small-lot single-family, townhouses, apartments, and condominiums.” The PD also requests a reduction in the setbacks established in the RM zoning district. The proposed reduction in setbacks is not unusual and are more in line with the setbacks established in the RL zoning district.
*The neighbors expressed concern that the homes were too close and the internal roads too narrow in case there was a fire how would the fire department be able to respond. Staff explained that the homes have 5’ setbacks (measure from property line to the home) which are the typical setbacks for our low-density residential zoning. The typical single-family lots.
Furthermore, Fire Chief Bickel added that fire code requires a minimum 20’ wide street to accommodate a fire truck. The internal roads and the private alleys meet this requirement. In addition, all of the homes will be constructed with fire sprinklers.
Narrow streets: As proposed, the interior streets do not meet city standards and will be private streets maintained by an HOA. There are several residential projects throughout the city, e.g., the Legends subdivision and most recently the 5th Street Community subdivision, that have narrow private streets maintained by an HOA. Furthermore, as part of the review process the project is routed to the Engineering and Fire Departments and Turlock Scavenger for comment. They did not express concern about the width of the internal streets. There is an Emergency Vehicle Access (EVA) on Four Season Drive that the Fire Department will have access to.
*During the Planning Commission meeting several residents expressed concern regarding the narrowness of Snowbird Drive. They noted that the residents of the subdivision would be parking on Snowbird Drive in front of their homes, and the speed that drivers currently drive
Agenda Staff Report
2/25/2025
down Snowbird Drive could cause potential accidents with more homes built. The City Engineer and Bright Development discussed and agreed to widening Snowbird Drive to accommodate an 8’ parking lane in front of the proposed homes and adding a four-way stop sign at the entrance to the subdivision and Snowmass Lane.
After taking public comments and discussion among the commissioners, the Planning Commission voted 6/1 recommending the City Council approve the General Plan Amendment and Rezone and approve the project.
CONCLUSION
The project meets the intent of a Planned Development by combining lots to develop a project that meets the intent of the development standards and creates a divers residential project. The project meets many General Plan policies which encourage infill development and creating diverse housing types while preserving existing neighborhoods. It is not uncommon for a project to be faced with competing General Plan policies that must be balanced to meet the overall purpose and goals of the General Plan. Overall, the project meets the intent of the RM zoning district and provides an attractive housing type and preserves the existing scale and character of the surrounding neighborhoods.
3. BASIS OF RECOMMENDATION:
In accordance with Government Code 65358(b) General Plan Amendments must be reviewed and acted on by the City Council.
On February 6, 2025, the Planning Commission voted 6/1 to recommend the City Council approve the proposed project.
4. FISCAL IMPACT / BUDGET AMENDMENT:
There is no fiscal impact or budget amendment needed. The cost of processing the General Plan amendment was paid by the applicant.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
The City, pursuant to the Turlock Municipal Code and the California Environmental Quality Act (CEQA), has reviewed the environmental impacts associated with the project. Based upon analysis and information contained in the Initial Study prepared for the proposed project, it has been determined that no significant environmental impacts are associated with the proposed project. On December 10, 2024 a “Mitigated Negative Declaration” was prepared and posted with the Stanislaus County Clerk, stating that the mitigation measures proposed for the development would reduce any impacts to a less-than-significant level.
8. ALTERNATIVES:
Agenda Staff Report
2/25/2025
The City Council may choose to not approve the proposed General Plan Amendment and Rezoning of the properties. If the City Council chooses to deny the the proposed project the Medium Density Residential and Community Commercial designations would remain on the respective properties.
The City Council may choose to add or modify the conditions of approval.
9. ATTACHMENTS:
1. Rezone 2024-02 Ordinance
2. PD 284 Resolution Establishing Conditions
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF AMENDING THE ZONING } ORDINANCE NO. -CS MAP OF THE CITY OF TURLOCK, CALIFORNIA, }
ATTACHED TO TITLE 9 OF THE TURLOCK }
MUNICIPAL CODE [REZONE 2024-02] }
________________________________________ }
BE IT ORDAINED by the City Council of the City of Turlock as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council finds that the report or declaration reflects the independent judgement of the lead agency and that the project will not have a significant effect on the environmental and hereby adopts the Mitigate Negative Declaration and directs that a Notice of Determination be filed.
SECTION 2. ZONING CHANGE. The Zoning Map of the City of Turlock is hereby amended to rezone 9.86 acres located at 1601 W. Monte Vista, Stanislaus County APN 087-012-053 from Community Commercial (CC) to Planned Development 284 with an underlying zoning of Medium Density Residential (RM), and rezoning 3.75 acres located at 3201 Four Seasons Drive Stanislaus County APN 087-008-085 from Medium Density Residential (RM) to Planned Development 284 (PD 284) under the provisions of Title 9 of the Turlock Municipal Code, and said real properties shall hereafter be subject to the provisions and regulations of this Chapter relating to property located within such Districts. Said properties are described as follows:
All that certain real property lying within the exterior boundaries of the map entitled “Winter Haven, Phase 2, City of Turlock, Stanislaus County, California”, filed June 14, 2001, in Book 39 of Maps, Page 71, in the office of the Recorder of the County of Stanislaus, State of California.
Excepting therefrom lots 40 through 89, inclusive, and Snowmass Lane, Vail Court, Telluride Lane, Walnut Avenue, and pedestrian access, all as shown on said map.
Also, being described as the remainder parcel, 13.61 acres, more or less, as designated on said map.
APN 087-012-053-000 and 087-008-085-000
Ordinance No. -CS
SECTION 3. ZONING MAP. The Zoning Map of the City of Turlock, California, attached to Title 9 of the Turlock Municipal Code is amended to appear as set forth on the map attached hereto (Exhibit A), which is hereby made a part of this ordinance by reference.
SECTION 4. VALIDITY. If any section, subsection, sentence, clause, word, or phrase, of this ordinance is held to be unconstitutional or other wise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.
SECTION 5. ENACTMENT. This ordinance shall become effective and be in full force on and after thirty (30) days of its passage and adoption. Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 11th day of February, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
Signed and approved this 25th day of February, 2025.
_____________________
_
AMY BUBLAK, Mayor
ATTEST:
Ordinance No. -CS
__________________________
Nicole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Ordinance No. -CS
EXHIBIT A
CC
PD 284
RM
PD 284
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ESTABLISHING } RESOLUTION NO. 2025-
CONDITIONS OF APPROVAL FOR }
PLANNED DEVELOPMENT 284 }
(BRIGHT DEVELOPMENT) }
}
WHEREAS, Bright Development has submitted an application to rezone one
9.86-acre property zoned Community Commercial (CC) to Planned Development 284 and one 3.75-acre property from Medium Density Residential (RM) to Planned Development 284 to allow for the development a 114-lot single family residential subdivision; and
WHEREAS, the Planned Development would allow for deviations from the minimum lot size, lot dimensions, street widths, and setback development standards for the Medium Density Residential zoning district required in the Turlock Municipal Code; and
WHEREAS, the project will be developed generally in accordance with all other standards established for the Medium Density Residential zoning district; and WHEREAS, typical lot sizes will range from 3,150 square feet to 5,488 square feet; and
WHEREAS, the properties affected by this Resolution are 1601 W. Monte Vista Avenue and 3201 Four Seasons Drive, more particularly described as Stanislaus County Assessor’s Parcel Numbers 087-012-053 and 087-008-085, respectively; and WHEREAS, said applications have been studied by City Staff and recommendations made to the Planning Commission; and
WHEREAS, the Planning Commission considered the request on February 6, 2025, and recommended that the proposed amendment to the official City of Turlock Zoning Map and establishment of Planned Community Development District No. 284 [PD- 284 (Rezone 2024-02)] be authorized by the City Council; and WHEREAS, on February 11, 2025, the City Council considered the request, the Planning Commission recommendation, and the Environmental Review documentation and testimony and found that Rezone No. 2024-02, and Planned Community Development District No. 284 (PD-284) will not have a significant adverse impact upon the environment and directed that a Notice of Determination for a Mitigated Negative Declaration be filed; and
WHEREAS, the City Council held a public hearing on February 11, 2025, and considered the public testimony before introducing the ordinance amending the zoning
Resolution No. 2025-
map of the City of Turlock, attached to Title 9 of the Turlock Municipal Code for Rezone 2024-02 (Bright Development - Verano); and
WHEREAS, a second reading of the ordinance occurred on February 25, 2025 at a public noticed meeting, the Turlock City Council voted to enact the ordinance amending the zoning map of the City of Turlock, attached to Title 9 of the Turlock Municipal Code for Rezone 2024-02 (PD 284) (Bright Development - Verano).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:
Section 1.The City Council adopts a Mitigated Negative Declaration of Environmental Effect and Mitigation Monitoring and Reporting Program, having determined that the City of Turlock, as lead agency for the proposed project, has prepared an initial study to make the following findings:
1. Pursuant to CEQA Guidelines Section 15162, the proposed activity is adequately described and is within the scope of the General Plan EIR.
2. All feasible mitigation measures developed in the General Plan EIR have been incorporated into the project.
3. Pursuant to Public Resources Code Sections 21080(c)(2) and 21157.5, the initial study prepared for the proposed project has identified potential new or significant effects that were not adequately analyzed in the General Plan EIR, but feasible mitigation measures have been incorporated to revise the proposed subsequent project to avoid or mitigate the identified effects to a point where clearly no significant effects would occur.
4. There is no substantial evidence before the lead agency that that the subsequent project, as revised, may have a significant effect on the environment.
5. The analyses of cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment contained in the General Plan EIR are adequate for this subsequent project.
6. Pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations was adopted for the General Plan EIR by Turlock City Council Resolution 2012-156. As identified in the Turlock General Plan EIR, development in the project area would result in significant, and unavoidable, impacts in the areas of noise, regional air quality, and the eventual loss of agricultural land. The magnitude of these impacts can be reduced, but not eliminated by the mitigation measures referenced in the initial study prepared for this project and General Plan EIR. Therefore, mitigation measures identified in the General Plan EIR, and its respective Statements of Overriding Considerations (contained in Turlock City Council Resolution No. 2012-156), are adequate to mitigate the impacts from the proposed project where feasible, and are hereby incorporated by reference.
7. Pursuant to Public Resources Code Section 21157.6(a), having reviewed the General Plan EIR, the City of Turlock finds and determines that:
a. There are no substantial changes that have occurred with respect to the circumstances under which the General Plan EIR was certified, and b. There is no new available information which was not and could not have been known at the time the General Plan EIR was certified.
Resolution No. 2025-
Section 2. That the City Council of the City of Turlock does hereby approve the development of Planned Community Development District No. 284 (PD-284), in accordance with the plan filed as part of the Planning Commission consideration, referred to above, and which is on file in the office of the Turlock Planning Division. The following conditions shall apply, as well as compliance with all applicable codes and ordinances and shall be complied with prior to issuance of Certificate of Occupancy, or its equivalent, unless otherwise stipulated:
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT NO. 284 (PD-284)
1. This approval authorizes the rezoning of approximately a 9.86-acre property located at 1601 W. Monte Vista Avenue, Stanislaus County APN 087-012-053 from Community Commercial to Planned Development 284 and a 3.75-acre property located at 3201 Four Seasons Drive, Stanislaus County APN 087-008- 085 from Medium Density Residential to Planned Development 284 to allow for the development a 114-lot single family residential subdivision.
2. Minor amendments to the site layout, building design, and other conditions contained within this approval may be authorized by the Development Services Director on a case-by-case basis, provided that such amendments are consistent with the overall intent and purpose of the conditions contained herein.
3. All development on the property shall be subject to the conditions set forth in Vesting Tentative Subdivision Map 2024-02, and all conditions therein
4. Planned Development 284 authorizes the development of 114 residential lots generally in conformance with the standards of the RM zoning district as contained in Turlock Municipal Code § 9-3-200ART, unless otherwise stated herein.
5. The subdivision shall be developed in accordance with the vesting tentative subdivision map submitted as part of the application for this project, except as may be amended herein:
Exceptions to the minimum lot sizes are as follows:
Lot Dimensions PD 284 Lot Dimensions
Width Average 45 feet
Depth Average 70 feet
Development Standards for all lots
Setbacks PD 284 Setbacks
Front yard 10 feet
Side yard (interior) 5 feet
Corner side (street) 10 feet
Rear 10-16 feet
Resolution No. 2025-
6. A Homeowners Association shall be formed for the maintenance of common areas and features including but not limited to the private streets, utilities, the basin, the sound wall and landscaping.
7. House fences shall maintain the same setbacks established for the homes as indicated in the above table.
8. The sound walls deviate from the setbacks established in the RM zoning district and are permitted to be constructed on the property lines as indicated on the tentative subdivision map. No portion of the sound shall be located in the clear vision triangle.
9. With the exception of the required sound wall, no fence or wall shall exceed 7-feet in height unless a documented noise study indicates otherwise.
10. No fence or wall shall constitute a vision hazard as determined by the City Engineer or designee.
11. All mitigation measures contained in the Initial Study prepared for the proposed project are hereby made conditions of approval for Rezone 2024-02 and Planned Development 284.
12. Upon expiration of Planned Development 284 (PD 284) the underlying zoning for 1601 W. Monte Vista Avenue, Stanislaus County APN 087-012-053 shall revert to Medium Density Residential (RM).
13. Upon expiration of Planned Development 284 (PD 284) the underlying zoning for 3201 Four Seasons Drive, Stanislaus County APN 087-008-085 shall revert to Medium Density Residential (RM).
Section 3. The Director of Development Services, or designee, is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 25th day of February, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2025-
WITNESS:
Christina Cabada, City Clerk Trainee
Executive Assistant to the City Manager
Agenda Item 9A
The public hearing for this item has been postponed until a later date.
City Council Staff Report
February 25, 2025
From: Isaac Moreno, Finance Director
Prepared by: Isaac Moreno, Finance Director
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Resolution 2025-XXX: Adopting amendments to the Fiscal Year 2024-2025 Budget as a result of the mid-year budget review
2. DISCUSSION OF ISSUE:
On June 11, 2024 the City Council adopted the Fiscal Year 2024-2025 Budget. Throughout the year council has received status updates on the current budget. For the mid-year review a more detailed presentation is provided and cleanup items or new requests are proposed, based on departmental needs and availability of funds.
Cleanup augmentation requests are primarily utilized to update budget amounts that did not carryover from the prior fiscal year. For example, the largest cleanup item proposed is the appropriation of funds from unallocated reserves in the Vehicle/Equipment Replacement Fund for Municipal Services. This appropriation is due to vehicles not being received prior to the end of last fiscal year.
New augmentation requests are proposed due to new operational needs and requests not funded in the Fiscal Year 2024-2025 budget process. For example, due to the Fire Department's aging engine fleet an additional $75,000 is being requested for maintenance expense.
Staff has included a list of recommended and not recommended augmentations in "Attachment 2". This includes department cleanup and new budget requests.
Current Fiscal Year 2024-2025 Review
After review of the second quarter of Fiscal Year 2024-2025 the General Fund reflects a positive net gain of $2.2 million. Revenues are trending at 50% of the adopted budget, while expenditures are at 47%. To provide a mid-year analysis, some revenues and expenditures have been accrued and/or forecasted. For example, the sales tax revenues for November and December of 2024 are not received until January and February of 2025. Therefore, the Finance Department has factored in these accrued and projected amounts to provide a true mid-year analysis. The detailed budget to actual analysis is included in "Attachment 2".
Sales Tax
By comparing budget to actual for the first six months of the fiscal year, we conclude that there is a cumulative loss of $501,439. This depicts a loss of -4.5% over the adopted budget. Our most recent sales tax project report from Avenu Insights projects this loss to continue for an estimated $1.4 million for the entire fiscal year. The table below represents budget vs. actual for the first six months:
Agenda Staff Report
2/25/2025
Property Tax
The first apportionment of property tax was received on January 22, 2025 in the amount of $4,151,392 which is 55% of the total allocation. By utilizing this amount to project revenues for the remaining fiscal year, it is estimated property tax will come in over budget by $73,992 or
1.0%.
Other Funds
The following general and major funds are estimated, with a net gain or loss at mid-year 2024- 2025 of:
Agenda Staff Report
2/25/2025
Fund 410 Water Quality Control (Sewer) estimates a net loss as expected due to the capital improvement projects being funded by reserves. Whereas, Fund 420 Water reflects a substantial net gain due to the State Revolving Fund (SRF) proceeds received from the Stanislaus Regional Water Authority (SRWA).
Summary
In conclusion, the General Fund mid-year reflects a positive net gain $2.2 million. However, with the projection of sales tax continuing to fall short of the adopted budget and open labor negotiations, this amount is projected to decrease by fiscal year end.
3. BASIS OF RECOMMENDATION:
1. The Fiscal Year 2024-2025 budget was adopted as a living document to be formally reviewed on a regular basis in order to assess revenues and expenditures. As a result of the review and analysis performed, departments are requesting cleanup and new budget allocations.
4. FISCAL IMPACT / BUDGET AMENDMENT:
Fiscal Impact: The requested budget augmentations are detailed in “Attachment 2” with the designated funding sources.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. 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
Agenda Staff Report
2/25/2025
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.
8. ALTERNATIVES:
1. Do not approve the requested augmentations to the adopted Fiscal Year 2024-2025 budget.
9. ATTACHMENTS:
1. Mid Year Budget Review FY 2024-2025 Resolution
2. Mid Year Budget Review FY 2024-2025 Presentation
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ADOPTING AMENDMENTS } RESOLUTION NO. 2025-XXX TO THE FISCAL YEAR 2024-2025 BUDGET AS }
A RESULT OF THE MID YEAR BUDGET }
REVIEW }
}
WHEREAS, annually the City Council adopts a budget for the General Fund and Non-General Funds to cover the projected revenues and expenses for the fiscal year; and
WHEREAS, on June 11, 2024 the City Council adopted a budget plan to serve as a living document to be formally reviewed on a regular basis in order to assess revenues and expenditures to determine whether any adjustments should be incorporated as amendments to the adopted budget; and
WHEREAS, a review of the mid-year budget of Fiscal Year 2024-2025 was conducted on February 25, 2025 where staff presented how proposed additional requested resources would serve to address operational and service level needs; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby adopt amendments to the budget as detailed in “Attachment 2” for the City of Turlock General Fund and Non-General Funds for Fiscal Year 2024-2025.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 25th day of February, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
________________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Attachment 2
Description Page Numbers
General Fund Summary 1
Summary of Recommended Requests
General Fund 2
Augmentation Forms 3-12
Non General Fund 13-14
Augmentation Forms 15-24
Summary of NOT Recommended Requests
General Fund 25
Non General Fund 26
CITY OF TURLOCK
FISCAL YEAR 2024-2025
TABLE OF CONTENTS
MID YEAR BUDGET REVIEW - 2/25/2025
Revenues - General Fund Department FY 24-25
Adopted Budget
FY 24-25
Amendments
to 12/31/24
FY 24-25
Amended
Budget
FY 24-25
Actual YTD at
12/31/24
Percentage
Used
000 Non Departmental 54,303,707$ -$ 54,303,707$ 27,437,991$ 51% 100 City Council -$
102 City Manager -$
103 Economic Development and Comm. -$
104 City Clerk -$
106 Finance 20,436$ -$ 20,436$ 11,470$ 56% 108 City Attorney -$ 4,642$
109 Human Relations -$
112 General Government -$
189 COVID 19 -$ 14,167$
192 Homeless Response -$
200 Police Services - Special Operations 188,000$ 10,000$ 198,000$ 139,724$ 71% 205 Police Services - Support Operations -$
210 Police Services - Field Operations 1,811,500$ -$ 1,811,500$ 883,863$ 49% 215 Animal Services 109,550$ -$ 109,550$ 37,888$ 35% 300 Fire Department 831,700$ -$ 831,700$ 322,667$ 39% 400 Planning 181,480$ -$ 181,480$ 105,916$ 58% 405 Building 1,682,000$ -$ 1,682,000$ 1,261,293$ 75% 410 Engineering 3,373,500$ -$ 3,373,500$ 1,392,183$ 41% 500 Public Facilities -$
600 Park Maintenance 125,600$ -$ 125,600$ 4,212$ 3% 620 Parks, Recreation & Public Facilities 68,900$ -$ 68,900$ 39,058$ 57% 622 Recreation - Programs/Events 132,400$ -$ 132,400$ 34,452$ 26% 624 Recreation - Sports 106,000$ -$ 106,000$ 33,173$ 31% 626 Recreation - Aquatics 100,000$ -$ 100,000$ 7,663$ 8% 630 Recreation - Prevention/Youth 1,100,000$ -$ 1,100,000$ 560,546$ 51% Total Revenue 64,134,773$ 10,000$ 64,144,773$ 32,290,906$ 50% Expenses - General Fund Department FY 24-25
Adopted Budget
FY 24-25
Amendments
to 12/31/24
FY 24-25
Amended
Budget
FY 24-25
Actual YTD at
12/31/24
Percentage
Used
000 Non Departmental -$
100 City Council 132,578$ 5,000$ 137,578$ 50,742$ 37% 102 City Manager 860,905$ 204,057$ 1,064,962$ 459,498$ 43% 103 Economic Development and Comm. 160,411$ 214,450$ 374,861$ 100,903$ 27% 104 City Clerk 1,007,068$ 14,622$ 1,021,690$ 564,767$ 55% 106 Finance 1,714,303$ 245,710$ 1,960,013$ 919,829$ 47% 108 City Attorney 794,125$ 4,388$ 798,513$ 336,738$ 42% 109 Human Relations 1,986,390$ 111,551$ 2,097,941$ 1,001,185$ 48% 112 General Government 2,142,843$ 3,514$ 2,146,357$ 1,099,172$ 51% 192 Homeless Response 160,000$ -$ 160,000$ -$ 0% 200 Police Services - Special Operations 7,476,847$ 257,208$ 7,734,055$ 3,824,666$ 49% 205 Police Services - Support Operations 3,573,840$ 205,523$ 3,779,363$ 1,557,694$ 41% 210 Police Services - Field Operations 17,180,935$ (420,957)$ 16,759,978$ 8,510,544$ 51% 215 Animal Services 767,143$ 12,026$ 779,169$ 327,940$ 42% 300 Fire Department 13,651,163$ 7,310$ 13,658,473$ 6,535,393$ 48% 400 Planning 993,286$ 163,028$ 1,156,314$ 459,233$ 40% 405 Building 2,457,398$ 40,163$ 2,497,561$ 903,205$ 36% 410 Engineering 3,971,248$ 88,003$ 4,059,251$ 1,564,377$ 39% 500 Public Facilities 582,346$ 92,955$ 675,301$ 289,804$ 43% 600 Park Maintenance 1,153,687$ (15,859)$ 1,137,828$ 501,837$ 44% 620 Parks, Recreation & Public Facilities 165,867$ 200,281$ 366,148$ 128,131$ 35% 622 Recreation - Programs/Events 100,868$ -$ 100,868$ 31,025$ 31% 624 Recreation - Sports 261,464$ 6,853$ 268,317$ 138,585$ 52% 626 Recreation - Aquatics 191,164$ -$ 191,164$ 76,337$ 40% 630 Recreation - Prevention/Youth 995,898$ 2,666$ 998,564$ 711,199$ 71% Total Expenses 62,481,777$ 1,442,492$ 63,924,269$ 30,092,803$ 47% Total Revenue Over/(Under) Expenses 1,652,996 $ (1,432,492) $ 220,504 $ 2,198,103 $ 3% Updated as of: 12/31/2024
CITY OF TURLOCK MID YEAR BUDGET REVIEW FISCAL YEAR 2024-2025 General Fund (Fund 110) Budget Summary
1
Department Division Funding Source Classification Description Amount Account # 20-Police 200-Special Operations 110-General Fund Supplies & Maint. Software - FAMA and Permitium 10,000 $ 110-20-200.44001_000 20-Police 210-Field Operations 110-General Fund Supplies & Maint. C Ballistic Vests Admin Carriers and General Replacement
originally budgeted in FY 23/24, however, not received
until FY 24/25
9,400 $ 110-20-210.44030_001
20-Police 210-Field Operations 110-General Fund Supplies & Maint. C Ballistic Vests General Replacement originally budgeted in FY 23/24, however, not received until FY 24/25 3,500 $ 110-20-210.44030_080 20-Police 200-Special Operations 110-General Fund Supplies & Maint. C Investigations Ballistic Vests Replacement originally
budgeted in FY 23/24, however, not received until FY
24/25
8,000 $ 110-20-200.44030_001
20-Police 210- Field Operations 110-General Fund Supplies & Maint. C Equipment ordered and originally budgeted in FY 23/24, however arrived after 6/30/24 12,700 $ 110-20-210.44030_079 30-Fire 300-Operations 110-General Fund Contractual Unanticipated maintenance expenses to fire engines 75,000 $ 110-30-300.46025 61-Recreation 622-Programs/Events 110-General Fund Revenue Self Defense class increase in registrations (10,000) $ 110-61-622-003.35720 61-Recreation 622-Programs/Events 110-General Fund Contractual Self Defense class increase in registrations 6,000 $ 110-61-622-003.43727 61-Recreation 630-Prevention/Youth 110-General Fund Revenue Play Program Revenue increase due to student enrollment (700,000) $ 110-61-630-121.35720
61-Recreation 630-Prevention/Youth 110-General Fund Personnel Part time increase due to student enrollment 500,000 $ 110-61-630-121.41002_000 61-Recreation 630-Prevention/Youth 110-General Fund Supplies & Maint. Supplies increase due to student enrollment 50,000 $ 110-61-630-121.44055 61-Recreation 626-Aquatics 110-General Fund Personnel Increase in part time costs due to both Turlock and Pitman pools open for Rec Swim 11,000 $ 110-61-626-101.41002_000 61-Recreation 626-Aquatics 110-General Fund Personnel Adding part time help due to Columbia Pool opening 12,500 $ 110-61-626-100.41002_000 61-Recreation 626-Aquatics 110-General Fund Revenue Reducing revenue due to projected Columbia Pool revenue less than originally budgeted 12,500 $ 110-61-626-100.35720 TOTAL COST 600 $
C = Carryover/Cleanup GRAND TOTAL 600 $
SUMMARY TOTALS
GENERAL FUND
Full Time 0 -$
Part Time 523,500$
Non Salary/Benefits (522,900)$
600 $
Funded by General Fund
CITY OF TURLOCK
Mid Year FY 24/25 - Recommended Budget Augmentation Request Summary General Fund
February 25, 2025
2
Requesting Department: Police-Special Operations
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-20-200.44001_000 Supplies General 31,200$ 10,000$ 41,200$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 10,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Special Ops Softwares - FAMA and Permitium
3
Requesting Department: Police-Field Operations
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-20-210.44030_001 Minor Equipment Safety 40,000$ 9,400$ 49,400$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 9,400$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Clean up - PO 2024-1152/2024-1149 - Equipment arrived after 6/30/24 Ballistic Vests Admin Carriers and General Replacement. Current budget is for this years scheduled vest replacements.
4
Requesting Department: Police-Field Operations
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-20-210.44030_080 Minor Equipment Vest Replacement 15,000$ 3,500$ 18,500$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 3,500$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Clean up - PO 2024-1149 - Ballistic Vests General Replacement - arrived after 6/30/24. Current budget is for this years scheduled vest replacements.
5
Requesting Department: Police-Special Operations
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-20-200.44030_001 Minor Equipment Safety 16,750$ 8,000$ 24,750$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 8,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Clean up - PO 2024-998 - Investigations Ballistic Vest Carriers - Arrived after 6/30/24. Current budget is for this years scheduled vest replacements.
6
Requesting Department: Police-Field Operations
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-20-210.44030_079 Minor Equipment Police Reserve -$ 12,700$ 12,700$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 12,700$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Clean up - PO 2024-1168 - Equipment arrived after 6/30/24 - Reserve Officer Portable Radio 7
Requesting Department: Fire Operations
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-30-300.46025 Outside Contract Labor 195,000$ 75,000$ 270,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 75,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
X Contractual Reclassification
Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Unanticipated large expenditures incurred to maintain and repair the fire department's existing front line fire engines until the arrival of the 2/4 new fire engines.
8
Requesting Department: Municipal Services-Recreation
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-61-622-003.35720 Revenue 25,000$ 10,000$ 35,000$ 110-61-622-003.43727 Turlock Youth Self Defense 17,500$ 6,000$ 23,500$ -$
-$
-$
-$
-$
-$
Total Additional Amount Requested NET (4,000) $
Include all ongoing maintenance costs, certifications, replacement costs, etc. Revenue in excess of Expenses Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
X Contractual Reclassification
Supplies & Maintenance
Capital
X Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Increase in Revenue and Expenses for Self Defense class as registrations have been higher than anticipated. 9
Requesting Department: Municipal Services-Recreation
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-61-630-121.35720 Revenue 900,000$ 700,000$ 1,600,000$ 110-61-630-121.41002_000 Part Time Help General 600,000$ 500,000$ 1,100,000$ 110-61-630-121.44055 Recreation Supplies 100,000$ 50,000$ 150,000$ -$
-$
-$
-$
-$
Total Additional Amount Requested NET (150,000) $
Include all ongoing maintenance costs, certifications, replacement costs, etc. Revenue in excess of Expenses Place "X" in box(s) If Personnel, place "X" in one box
X Personnel X Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
X Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Increase in Revenue and Expenses for PLAY as student enrollment has exceeded initial request. 10
Requesting Department: Municipal Services-Recreation
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-61-626-101.41002_000 Part Time Help General 25,000$ 11,000$ 36,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 11,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
X Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Increase in Part Time Help General due to both Turlock and Pitman pools open for Rec Swim this FY. The current FY Budget request was based on the then previous year when we only ran one pool for rec swim. With the unknown of what we were going to have available, we only planned on one pool, but ended up getting granted access to both. 11
Requesting Department: Municipal Services-Recreation
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
110-61-626-100.41002_000 Part Time Help General -$ 12,500$ 12,500$ 110-61-626-100.35720 Revenue 25,000$ (12,500)$ 12,500$ -$
-$
-$
-$
-$
-$
Total Additional Amount Requested NET IMPACT 25,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc. Increase in Expenses and Decrease in Revenue Place "X" in box(s) If Personnel, place "X" in one box
X Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
Capital
X Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Reduction in Revenue and adding Part Time Help General due to Columbia Pool opening. 12
Department Division Funding Source Classification Desc ription Amount Account # 60-Parks 602-Regional Sports
Complex 205-Sports Facilities Personnel Increase due to increased activity at the facility 10,000 $ 205-60- 602.41002_000 60-Parks 604-Pedretti Sports
Complex 205-Sports Facilities Personnel Increase due to increased activity at the facility 25,000 $ 205-60- 604.41002_000 TOTAL COST 35,000 $
Department Division Funding Source Classification Desc ription Amount Account # 20-Police 225-Police 116-Special Public Safety Supplie s & Maint. Maintenance of Motorola radio system microwave equipment, as not covered by Motorola 12,000 $ 116-20-225.43228_004 20-Police 225-Police 116-Special Public Safety Supplie s & Maint. Additional batteries, mics, radios, etc. 25,00 0 $ 116-20-225.43228 20-Police 225-Police 116-Special Public Safety Contrac tual C Motorola agreement approved after FY 24/25 bud get 12,665 $ 116-20-225.43228_002 30-Fire 305-Fire 116-Special Public Safety Contractual C Motorola agreement approved after FY 24/25 budget 1 2,665 $ 116-30-305.43228_002 TOTAL COST 62,330 $
Department Division Funding Source Classification Desc ription Amount Account # 20-Police 240-Non Federal Asset
Forfeiture 201-Asset Forfeiture Supplies & Maint. SWAT Headsets/SCU E quipment 42,000 $ 201-20-240.44030_078 TOTAL COST 42,000 $
Department Division Funding Source Classification Desc ription Amount Account # Police - Program-213 000-Non Departmental 240-Small Equipment Replacement Supplies & Maint. Server Room Batteries end of useful l ife 35,000 $ 240-00-000-213.44030_054 Police - Program-213 000-Non Departmental 240-Small Equipment Replacement Capital SWAT Rifles replacement 17,000 $ 240 -00-000-213.51153 TOTAL COST 52,000 $
Department Division Funding Source Classification Desc ription Amount Account # 51-Sewer 534-Capital
Repair/Replacement 410-WQC Capital Trunk sewer main in Tully Road, between Tuolumne Rd and Fulkerth Rd. 2,500,000 $ 410-51-534.51421
TOTAL COST 2,500,000 $
Funded by Fund 205-Sports Facilities
Funded by Fund 116-Special Public Safety
Funded by Fund 201-Asset Forfeiture
Funded by Fund 240-Small Equipment Replacement
Funded by Fund 410 and 420-Sewer and Water
CITY OF TURLOCK
Mid Year FY 24/25 - Recommended Budget Augmentation Request Summary Non General Fund
February 25, 2025
13
CITY OF TURLOCK
Mid Year FY 24/25 - Recommended Budget Augmentation Request Summary Non General Fund
February 25, 2025
Department Division Funding Source Classification Desc ription Amount Account # Water - Program-223 000-Non Departmental 506-Vehicle/ Equipment Replacement Capital C 223-Water Enterprise - Carryover from FY 23/24 for four Ford pickups budgeted but not received until FY 24/25 177,000 $ 506-00-000-223.51020 TOTAL COST 177,000 $
C = Carryover/Cleanup GRAND TOTAL 2,868,330 $
SUMMARY TOTALS
NON GENERAL FUND
Full Time 0 -$
Part Time 35,000 $
Non Salary/Benefits 2,833,330 $
2,868,330 $
Funded by Fund 506-Vehicle/Equipment Replacement
14
Requesting Department: Municipal Services-Public Facilities General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
205-60-602.41002_000 Part Time Help General 55,000$ 10,000$ 65,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 10,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
X Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
A budget augmentation is necessary to accommodate the increase in part-time employee wages due to the state-mandated minimum wage increase and scheduled employee raises.
15
Requesting Department: Municipal Services-Public Facilities General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
205-60-604.41002_000 Part Time Help General 80,000$ 25,000$ 105,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 25,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
X Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
A budget augmentation is necessary to accommodate the increase in part-time employee wages due to the state-mandated minimum wage increase and scheduled employee raises.
16
Requesting Department: Police-Special Public Safety
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
116-20-225.43228_004 Radio System Maint Microwave 4,800$ 12,000$ 16,800$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 12,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
With new Motorola agreement, the radio system microwave maintenance is not covered. Agreement with Golden State Communications will cover maintenance of microwave equipment.
17
Requesting Department: Police-Special Public Safety
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
116-20-225.43228 Radio System Maintenance 45,821$ 25,000$ 70,821$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 25,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Current Motorola agreement doesn't include additional equipment so we need to budget for any additional batteries, mics, radios, etc. 18
Requesting Department: Police & Fire
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
116-20-225.43228_002 Radio System Maint Subscriber 86,071$ 12,665$ 98,736$ 116-30-305.43225_002 Radio System Maint Subscriber 86,071$ 12,665$ 98,736$ -$
-$
-$
-$
-$
-$
Total Additional Amount Requested 25,330$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
X Contractual Reclassification
Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
The Motorola agreement was approved after the 24/25 FY budget was approved and the Police and Fire accounts were under budget. 19
Requesting Department: Police-Asset Forfeiture
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
201-20-240.44030_078 Minor Equipment Special
Investigations Unit 13,000 $ 42,000 $ 55,000 $ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 42,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
SWAT Headsets/SCU Equipment
20
Requesting Department: Police-Small Equipment Replacement General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
240-00-000-213.44030_054 Minor Equipment PSF Repairs 50,000$ 35,000$ 85,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 35,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
X Supplies & Maintenance
Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Server Room Batteries are reaching end of life. Vendor recommends replacement. 21
Requesting Department: Police-Small Equipment Replacement General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
240-00-000-213.51153 Police Services - Weapons 10,000$ 17,000$ 27,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 17,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
X Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
SWAT Rifles are due for replacement but original budgeted amount was insufficient to finish project. 22
Requesting Department: Municipal Services-Sewer
General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
410-51-534.51421 Tully Rd Sewer Trunk Main Eval/Replac 500,000$ 2,500,000$ 3,000,000$ -$
-$
-$
Total Additional Amount Requested 2,500,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
X Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
The City of Turlock plans to rehabilitate approximately 2,655 feet of 33” reinforced concrete pipe (RCP) trunk sewer main in Tully Road, between Tuolumne Road and Fulkerth Road. The sewer main design was approved in 1971, and was apparently constructed in 1972. The plan’s report shows the sewer main as 33” and the construction material as “R.C.P.”, which is believed to be reinforced concrete pipe. Due to the age of the sewer infrastructure and microbiologically induced corrosion from years past, the sewer main needs replacement.
The City performed closed-circuit television (CCTV) inspections of the northerly two reaches of the sewer main in March 2021. The pipe condition varied throughout the two available CCTV inspections, and in total, only about 10% of the total length of 2,655 linear feet was inspected and visible during the inspections. The condition of the remaining sewer main that is not visible is unknown. If other non-inspected ranges are in as bad or worse condition, they may not be able to be cleaned; removal and replacement will be the only option. In summary, the City determined that the sewer main is in a deteriorated condition and in need of either replacement or rehabilitation to prevent potential sink incidents like those on N.
Golden State and W. Tuolumne Roads.
23
Requesting Department: Municipal Services-Equipment Replacement General Ledger
Account Number
General Ledger
Account Description
Amended
FY 24-25 Budget
Additional Amount
Requested for FY 24-25
Total FY 24-25
Budget Amount
With Augmentation
506-00-000-223.51020 Equipment Replacement 325,000$ 177,000$ 502,000$ -$
-$
-$
-$
-$
-$
-$
Total Additional Amount Requested 177,000$
Include all ongoing maintenance costs, certifications, replacement costs, etc.
Place "X" in box(s) If Personnel, place "X" in one box
Personnel Existing Classification
Equipment New Classification
Contractual Reclassification
Supplies & Maintenance
X Capital
Other
Contract Carryover
Justification:
FISCAL YEAR 2024-25 - MID YEAR BUDGET REVIEW
BUDGET AUGMENTATION REQUEST
Carryover from FY 23/24, for two F150's and two F250's budgeted in FY 23/24, however, not received until FY 24/25. 24
Department Division Funding Source Classification Description Amount Account # 10-Admin 109-Human Relations 110-General Fund Personnel HR Specialist, effective 3/1/2025 (4 months) 32,674 $ 110-10-109.41001 & benefits 10-Admin 405-Building 110-General Fund Personnel Staff Services Assistant, effective 3/1/2025 (4 months) 28,017 $ 110-40-405.41001 & benefits 10-Admin 405-Building 110-General Fund Personnel Part Time Help savings, due to hiring SS Assistant (4 months) (5,000) $ 110-40-405.41002_000
10-Admin 400-Planning 110-General Fund Personnel Executive Admin Assistant, effective 3/1/2025 (4 months) 50% Planning & 50% Building 19,750 $ 110-40-400.41001 & benefits 10-Admin 405-Building 110-General Fund Personnel Executive Admin Assistant, effective 3/1/2025 (4 months) 50% Planning & 50% Building 19,750 $ 110-40-405.41001 & benefits 20-Police 210- Field Operations 110-General Fund Supplies & Maint. Replace drones reaching their anticipated useful life 30,000 $ 110-20-210.44001_018 20-Police 210- Field Operations 110-General Fund Transfers Vehicle and Equipment Replacement Funding 475,425 $ 110-20-210.48001_090 30-Fire 300-Operations 110-General Fund Personnel Full-time FIU Captain assigned to the Stanislaus County Fire Investigations Unit. Effective 3/1/2025 (4 months) 54,046 $ 110-30-300.41001 & Benefits 30-Fire 300-Operations 110-General Fund Personnel
Full-time Special Assignment Captain to provide an
equal in-kind contribution to Modesto, Stanislaus,
Turlock, (MST) training division/EMS division. Effective 3/1/2025 (4 months)
54,046 $ 110-30-300.41001 & Benefits
TOTAL COST 708,708 $
C = Carryover/Cleanup GRAND TOTAL 708,708 $
SUMMARY TOTALS
GENERAL FUND Number of Staff
Full Time 5 203,283$
Reclassifications 0 -$
Part Time -$
Non Salary/Benefits 505,425$
708,708 $
Funded by General Fund
CITY OF TURLOCK
Mid Year FY 24/25 - Not Recommended Budget Augmentation Request Summary General Fund
February 25, 2025
25
Department Division Funding Source Classification Description Amount Account # Police - Program-213 000-Non Departmental 506-Vehicle/ Equipment Replacement Transfers Public Safety - Vehicle and Equipment Replacement Funding (475,425) $ 506-00-00-213.38001_090
TOTAL COST (475,425) $
Department Division Funding Source Classification Description Amount Account # 51-Sewer 530-Operations 410-WQC Personnel
Reclassify Staff Services Assistant to Staff Services
Analyst, effective 3/1/2025 (4 months), 50% F410 & 50%
F420
4,508 $ 410-51-530.41001 & benefits
52-Water 550-Operations 420-Water Personnel
Reclassify Staff Services Assistant to Staff Services
Analyst, effective 3/1/2025 (4 months), 50% F410 & 50%
F420
4,508 $ 420-52-550.41001 & benefits
TOTAL COST 9,016 $
C = Carryover/Cleanup GRAND TOTAL (466,409) $
SUMMARY TOTALS
NON GENERAL FUND
Full Time 0 -$
Reclassifications 1 9,016$
Part Time
Non Salary/Benefits (475,425)$
(466,409) $
Funded by Fund 506-Vehicle/Equipment Replacement
Funded by Fund 410 and 420-Sewer and Water
CITY OF TURLOCK
Mid Year FY 24/25 - Not Recommended Budget Augmentation Request Summary Non General Fund
February 25, 2025
26
City Council Staff Report
February 25, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Resolution: Determining the award of bid is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines, awarding bid, and approving an Agreement between the City of Turlock and United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $3,219,411.30 and a contingency amount of $322,000.00 (10%) to be funded by Fund 218 “Measure L” for construction of Bid Package 1 for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects"
2. DISCUSSION OF ISSUE:
On February 27, 2024, the City Council approved Task Order No. 3 as Amendment No. 3 under the terms of the Master Agreement with Mark Thomas & Company, Inc. for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Project” for the rehabilitation of a grouping of street sections. The City Council also authorized staff to proceed with advertising the project for construction upon completion of bid documents.
Bid Package 1 is the first of the three (3) bid packages under this Task Order to be completed and includes the following streets:
City Project No. 23-067 Bid Package 1
Street Name From To Length
(ft)
District
Gettysburg St. Andre Ln. Dels Ln. 1,046.00 4
Hughes Ct. Gettysburg St. North End 154.00 4
Andre Ln. W. Tuolumne Ave. W. Monte Vista Ave. 2,582.00 3 & 4 Troy Ct. East End Andre Ln. 200.00 3
Yvonne Ct. East End Andre Ln. 174.00 3
Torre Ct. East End Andre Ln. 167.00 3
Delta Ct. East End Andre Ln. 154.00 3
Curt Ct. West End Andre Ln. 230.00 4
Ledwith Ct. Andre Ln. West End 223.00 4
Tampa St. Niagra St. Andre Ln. 1,004.00 3
Regis St. Geer Rd. Niagra St. 518.00 3
Niagra St. Regis St. Monte Vista Ave. 853.00 3
TOTAL LENGTH (FT) 7,305.00
City Project No. 23-067 (Bid Package 1) was advertised for construction bids on January 15, 2025 through the City’s website and the Turlock Journal.
Agenda Staff Report
2/25/2025
Bids for City Projects No. 23-067 (Bid Package 1) were opened on February 13, 2025 at 2:00PM. A total of three (3) bids were received:
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement for City Projects No. 23-067 (Bid Package 1) with United Pavement Maintenance, Inc., of Hughson, CA, as the lowest responsive, responsible bidder with a bid amount of $3,219,411.30.
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 be in early April 2025, weather permitting.
BIDDER BID AMOUNT
United Pavement Maintenance, Inc.; Hughson, CA $3,219,411.30 Agee Construction Corporation; Clovis, CA $3,461,737.00 Sinclair General Engineering Construction, Inc.; Oakdale, CA
$3,609,733.18
3. BASIS OF RECOMMENDATION:
A. 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.
B. This action is consistent with Council’s stated goal of utilizing Measure L revenues to expedite road repair projects. Measure L was approved by Stanislaus County voters and raised the sales tax effective April 1, 2017, by one-half cent for a total period of 25 years to improve local streets and roads, improve connectivity and reduce congestion.
4. FISCAL IMPACT / BUDGET AMENDMENT:
The total estimated fiscal impact of the proposed action will be $3,541,411.30 which will be funded by Fund 218 “Measure L”, account number 218-40-461.51270. The overall fiscal impact, including “Measure A” allocations are shown below.
23-067 Bid Package 1 Fund 115 “Measure A” Fund 218 “Measure L” Design (Mark Thomas) * $439,316.00
CM & Inspection (CCME) $638,333.66
Construction Contract $3,219,411.30
Construction Contingency $ 322,000.00
Agenda Staff Report
2/25/2025
Sub-Total $1,077,649.66 $3,541,411.30
Total Estimated Cost $4,619,060.96
*Design cost is pro-rated based on the linear footage of street sections included in Bid Package 1.
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 2024-25 budget process to cover these costs.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
This project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by the projects.
8. 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.
9. ATTACHMENTS:
1. Draft Resolution
2. Bidder’s Summary
3. Agreement between the City of Turlock and United Pavement Maintenance, Inc., of Hughson, CA, for construction of Bid Package 1 for CP No. 23-067
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DETERMINING THE AWARD } RESOLUTION NO. 2025- OF BID IS EXEMPT FROM THE PROVISIONS OF }
CEQA IN ACCORDANCE WITH SECTION 15301 }
OF THE CEQA GUIDELINES, AWARDING BID, }
AND APPROVING AN AGREEMENT BETWEEN }
THE CITY OF TURLOCK AND UNITED }
PAVEMENT MAINTENANCE, INC., OF }
HUGHSON, CA, IN THE AMOUNT OF }
$3,219,411.30 AND A CONTINGENCY AMOUNT }
OF $322,000.00 (10%) TO BE FUNDED BY FUND }
218 “MEASURE L” FOR CONSTRUCTION OF }
BID PACKAGE 1 FOR CITY PROJECT NO. 23-067}
“MARK THOMAS TASK ORDER NO. 3 FOR }
ROADS PROGRAM CIP PROJECTS” }
_________________________________________ }
WHEREAS, City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects" (Bid Package 1) will rehabilitate a grouping of street sections as approved by the City Council on February 27, 2024, and will include installation of curb, gutter, sidewalk, and ADA-compliant curb ramps; and
WHEREAS, on February 13, 2025, three (3) bids were received for the construction of City Project No. 23-067 (Bid Package 1), with United Pavement Maintenance, Inc., of Hughson, CA, submitting the lowest responsive, responsible bid in the amount of $3,219,411.30; and
WHEREAS, the fiscal impact is estimated to be $3,541,411.30 which includes the construction contract in the amount of $3,219,411.30 and the contingency for potential change orders in the amount of $322,000.00; and
WHEREAS, funding is available from Fund 218 “Measure L”, account number 218-40-461.51270; and
WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines, award bid, and approve an Agreement between the City of Turlock and United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $3,219,411.30 and a contingency amount of $322,000.00 (10%) to be funded by Fund 218 “Measure L” for construction of Bid Package 1 for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects." PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Resolution No. 2025-
Turlock this 25th day of February, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
CITY OF TURLOCK
BIDDER'S SUMMARY
PROJECT TITLE: 23-067 Package 1 - Roads Program CIP
PROJECT NUMBER: 23-067BP1
BID OPENING:
2:00 P.M.
ANTICIPATED COUNCIL AWARD DATE: February 25, 2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Potholes Existing Utilities LS 1 $75,000.00 $75,000.00 $51,156.00 $51,156.00 $27,000.00 $27,000.00 $66,829.11 $66,829.11 2 Construction Funding Signs EA 5 $1,500.00 $7,500.00 $1,800.00 $9,000.00 $2,000.00 $10,000.00 $1,018.85 $5,094.25 3 Traffic Control System LS 1 $270,000.00 $270,000.00 $119,863.00 $119,863.00 $275,000.00 $275,000.00 $164,135.19 $164,135.19 4 Portable Changeable Message Sign EA 5 $5,800.00 $29,000.00 $1,490.00 $7,450.00 $7,000.00 $35,000.00 $5,787.08 $28,935.40 5 Job Site Management LS 1 $20,000.00 $20,000.00 $21,672.00 $21,672.00 $5,000.00 $5,000.00 $44,671.32 $44,671.32 6 Prepare Storm Water Pollution Prevention Plan LS 1 $20,000.00 $20,000.00 $15,600.00 $15,600.00 $6,000.00 $6,000.00 $13,936.80 $13,936.80 7 Erosion and Dust Control BMPs LS 1 $55,000.00 $55,000.00 $12,624.00 $12,624.00 $7,200.00 $7,200.00 $74,515.58 $74,515.58 8 Construction Staking LS 1 $75,000.00 $75,000.00 $32,490.00 $32,490.00 $40,000.00 $40,000.00 $29,037.23 $29,037.23 9 Remove Concrete (Curb Ramp, Sidewalk, Valley Gutter, Curb & Gutter) SY 3,990 $25.00 $99,750.00 $47.40 $189,126.00 $32.00 $127,680.00 $40.21 $160,437.90 10 Remove Concrete (Retaining Curb) LF 55 $35.00 $1,925.00 $66.00 $3,630.00 $19.00 $1,045.00 $5.77 $317.35 11 Roadway Excavation (F) CY 1,670 $175.00 $292,250.00 $20.00 $33,400.00 $61.00 $101,870.00 $194.95 $325,566.50 12 Aggregate Base (Class 2) CY 100 $150.00 $15,000.00 $459.00 $45,900.00 $108.00 $10,800.00 $216.12 $21,612.00 13 Full Depth Reclamation – Cement SY 24,490 $15.00 $367,350.00 $8.80 $215,512.00 $13.90 $340,411.00 $14.73 $360,737.70 14 Cement (Full Depth Reclamation - Cement) TON 463 $200.00 $92,600.00 $236.00 $109,268.00 $220.00 $101,860.00 $211.28 $97,822.64 15 Mix Design (Full Depth Reclamation - Cement) LS 1 $13,000.00 $13,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $26,811.84 $26,811.84 16 Hot Mix Asphalt (Type A) TON 7,640 $120.00 $916,800.00 $117.52 $897,852.80 $105.00 $802,200.00 $116.43 $889,525.20 17 Cold Plane AC Pavement (0.30’ Depth) SY 24,490 $5.00 $122,450.00 $7.00 $171,430.00 $5.20 $127,348.00 $7.16 $175,348.40 18 Minor Concrete (Curb and Gutter) LF 3,310 $50.00 $165,500.00 $57.25 $189,497.50 $46.20 $152,922.00 $32.07 $106,151.70 19 Minor Concrete (Retaining Curb) SF 55 $40.00 $2,200.00 $24.00 $1,320.00 $64.00 $3,520.00 $94.14 $5,177.70 20 Minor Concrete (Curb Ramp) SF 4,690 $20.00 $93,800.00 $17.00 $79,730.00 $27.40 $128,506.00 $36.26 $170,059.40 21 Minor Concrete (Sidewalk) SF 16,200 $12.00 $194,400.00 $14.00 $226,800.00 $9.25 $149,850.00 $8.01 $129,762.00 22 Minor Concrete (Valley Gutter) SF 5,240 $20.00 $104,800.00 $15.00 $78,600.00 $16.10 $84,364.00 $15.50 $81,220.00 23 Minor Concrete (Driveway) SF 2,400 $20.00 $48,000.00 $20.00 $48,000.00 $21.75 $52,200.00 $12.00 $28,800.00 24 Minor Concrete (Mailbox Pads) SF 50 $12.00 $600.00 $19.00 $950.00 $46.00 $2,300.00 $97.47 $4,873.50 25 Detectable Warning Surface (Truncated Domes) SF 660 $30.00 $19,800.00 $26.00 $17,160.00 $62.00 $40,920.00 $20.51 $13,536.60 26 Remove Inlet EA 4 $2,000.00 $8,000.00 $1,325.00 $5,300.00 $950.00 $3,800.00 $2,463.35 $9,853.40 27 Install Drainage Inlet (SD-3) EA 4 $8,000.00 $32,000.00 $5,538.00 $22,152.00 $10,500.00 $42,000.00 $5,181.77 $20,727.08 28 Reset Monument Cover to Grade EA 19 $2,500.00 $47,500.00 $954.00 $18,126.00 $1,160.00 $22,040.00 $1,932.09 $36,709.71 29 Adjust Manhole Frame and Cover (Sewer) EA 38 $1,500.00 $57,000.00 $1,232.00 $46,816.00 $1,570.00 $59,660.00 $1,009.02 $38,342.76 30 Adjust Manhole Frame and Cover (Storm Drain) EA 5 $1,500.00 $7,500.00 $1,232.00 $6,160.00 $1,450.00 $7,250.00 $1,572.78 $7,863.90 31 Remove Water Valve EA 2 $1,500.00 $3,000.00 $1,264.00 $2,528.00 $350.00 $700.00 $1,162.73 $2,325.46 32 Install B-16 Water Valve EA 2 $1,500.00 $3,000.00 $3,665.00 $7,330.00 $2,850.00 $5,700.00 $2,378.57 $4,757.14 33 Adjust Frame and Cover to Grade (Water Valve) EA 59 $1,500.00 $88,500.00 $983.00 $57,997.00 $1,110.00 $65,490.00 $883.03 $52,098.77 34 Adjust Frame and Cover to Grade (Sewer Cleanout) EA 1 $1,500.00 $1,500.00 $1,837.00 $1,837.00 $1,840.00 $1,840.00 $946.86 $946.86 35 Relocate Mailbox EA 2 $500.00 $1,000.00 $722.00 $1,444.00 $1,875.00 $3,750.00 $589.86 $1,179.72 36 Roadside Sign – One Post EA 7 $600.00 $4,200.00 $540.00 $3,780.00 $510.00 $3,570.00 $616.67 $4,316.69 37 Thermoplastic Traffic Stripe LF 5,190 $4.00 $20,760.00 $4.80 $24,912.00 $4.40 $22,836.00 $4.08 $21,175.20 38 Thermoplastic Pavement Markings SF 3,085 $15.00 $46,275.00 $14.40 $44,424.00 $13.00 $40,105.00 $10.72 $33,071.20 39 Video Sewer and Storm Drain LS 1 $5,000.00 $5,000.00 $134,400.00 $134,400.00 $50,000.00 $50,000.00 $160,871.06 $160,871.06 40 Traffic Signal Modification (Regis St and Greer Rd) LS 1 $148,250.00 $148,250.00 $152,400.00 $152,400.00 $150,000.00 $150,000.00 $136,204.17 $136,204.17 41 Mobilization LS 1 $360,000.00 $360,000.00 $81,774.00 $81,774.00 $320,000.00 $320,000.00 $54,374.75 $54,374.75 Lowest responsible and responsive
bidder
Total $3,935,210.00 $3,219,411.30 $3,461,737.00
Sinclair General Engineering
Construction, Inc.
$3,609,733.18
3 February 13, 2025
1 2
ENGINEER'S ESTIMATE United Pavement Maintenance, Inc. Agee Construction Corporation
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
AGREEMENT
FOR ROADS PROGRAM PUBLIC IMPROVEMENT PROJECT
Project No. 23-067 Package 1
Roads Program Capital Improvement Project
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal c orporation (“City”), and United Pavement Maintenance, Inc., a California corporation (“Contractor”), on this 25th day of February 2025 (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. 23-067 Package 1 (the “Project”).
B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.
C. Contractor has made a proposal to City to provide construction serv ices, 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 March 25, 2025, at a duly noticed meeting of the City Council of the Cit y 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. 2025-161
City Project No. 23-067 Package 1
12/06/24
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 Project No. 23-067 Package 1; 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 her einafter 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 th is 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 P rice, as defined in Section 4 of this Agreement, without prior written
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
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 t he 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 an y 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. 23-067 Package 1. The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” refer red 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 Three Million Two Hundred Nineteen Thousand Four Hundred Eleven Dollars and Thirt y Cents ($3,219,411.30.) (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 o f 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. 2025-161
City Project No. 23-067 Package 1
12/06/24
(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 b efore the expiration of Eighty-five (85) 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 mutua lly 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. 2025-161
City Project No. 23-067 Package 1
12/06/24
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, whic h 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 suc h 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 s tate government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulation s or controls, Contractor is , through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of t he 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 reasonabl e 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
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
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
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 termi nation, 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 f or 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 d ue Contractor after such breach a sum equal to five thousand two hundred and no/100ths Dollars ($5,200.00) 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 dela y 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 C ontract nor shall it relieve Contractor from liability for any damages or costs resulting from d elays to other contractors on the project or other
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.
6. Termination.
(a) Option of City t o 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 b y 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.
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 wh ich 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
City Contract No. 2025-161
City Project No. 23-067 Package 1
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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 ever y 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 P roject’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, t he 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 o f 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 Civ il Code section 8128 et seq. from each s ubcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).
City Contract No. 2025-161
City Project No. 23-067 Package 1
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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 f or 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 latt er 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 identifyi ng 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 pro vided in this subdivision. Contractor shall furnish reasonable documentation to support the c laim. 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 prescr ibed, 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 follo wing the conclusion of the meet -and-confer conference, if the claim or any portion of th e 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 P arties 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.
Notwithstanding any claim, dispute , or other disagreement between the Parties regarding performance under the Contract , the scope of w ork hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the
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Services in accordance with City's written di rection, 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 perm ission 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 D epartment 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 Commi ssioner, 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 provi de 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 p revailing wage rates at the Project no later than the first day Contractor commences performance of the Services under t he Contract.
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12. Superintendence b y 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 P roject at all times during construction and performance of work under the Contrac t, 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 sup plied 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 fed eral, 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, or dinances, 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.
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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 th e 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 f or 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 th e Contract. Contractor shall not be obligated to d efend 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 Con tractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.
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18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this s ection, 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 evid ence 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.
(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 D ollars ($2,000,000 .00) per occurrence, Four Million D ollars ($4,000,000.00) general 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. Contractor’s general liability pol icies 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, 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 completio n of the work specified in the C ontract. 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), 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 P roject, 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,
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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). 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) Auto Insurance . Contractor shall provide auto liability coverage for owned, no n- owned, and hired autos 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) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Builder’s Risk Insurance. {Intentionally Omitted}
(e) Contractors Pollution Insurance . Pollution Coverage shall be provided 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 specifi cally scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the P roject site to the final disposal location, including non - owned disposal sites.
(f) Professional Liability Insurance . When applicable, 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 ac ceptable 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 a t least as broad as provided on the underlying Commercial General Liability and automobile Liability 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.
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(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 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 endo rsements 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 Contract or by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
(l) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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 contract or 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.
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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 sh all require vendors and suppliers located outside California from whom Contractor makes purchase s 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 resu lt of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.
22. Contractor Not Agent: Except as City may specify in wr iting, 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 pr oject, 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,
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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 oth er 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 conducte d as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration.
All administrative remedies required under Section 9 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 Section 23.
24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
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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: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: United Pavement Maintenance, Inc.
Attn: Rodolfo Ruvalcaba
7017 Hughson Ave.
Hughson, CA 95326
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________
26. City Contract Administrator: The City’s contract administrator and contact person for this Agreement is:
Fred Pezeshk, PE
City of Turlock, Roads Program Manager
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-5520
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.
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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 consul tants. 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 d uring 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 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 o f 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.
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37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
38. Execution and Counterparts: This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents a re the same as handwritten signature for the purposes of validity, enforceability, and admissibility.
39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
41. Attorney’s Fees and Costs: Except as expressly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory rel ief, 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 Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail.
[Signatures on Following Page]
City Contract No. 2025-161
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UNITED PAVEMENT MAINTENANCE, CITY OF TURLOCK, a municipal corporation INC.
By: ____________________________ By: _____________________________ Reagan M. Wilson, City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ Christopher Fisher, Municipal Services
Director
Date: ___________________________
Federal Tax ID or Social Security No:
APPROVED AS TO FORM:
_______________________________
By: _____________________________
George A. Petrulakis, City Attorney
DIR Registration Number:
_______________________________ ATTEST:
Affix Contractor’s Seal Here By: _____________________________ Nichole Fiez, City Clerk
Rodolfo Ruvalcaba
2907 Tully Rd
Hughson
CA 95326
(209) 8834345
02/19/2025
47-1439289
1000878534
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
EXHIBIT A
SCOPE OF SERVICES
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
City Contract No. 2025-161
City Project No. 23-067 Package 1
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City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
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 compensat ion 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
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
(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:
5.1 During that period
5.2 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.
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.
Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
The City Engineer determines rental costs:
1. Using rates in Labor Surcharge and Equipment Rental Rates:
1.1. By classifying equipment using manufacturer's ratings and manufacturer - approved changes.
1.2. Current during the work paid by force account.
1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:
1.3.1. Rented from equipment business Contractor does not own.
1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.
2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer 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
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
2. Equipment is not available from Contractor’s no rmal sources or from one of Contractor’s subcontractors
3. Rented equipment is from an independent rental company
4. Proposed equipment rental rate is reasonable
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 o n 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
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
0.5 4.25
1.0 4.50
1.5 4.75
2.0 5.00
2.5 5.25
3.0 5.50
3.5 5.75
4.0 6.00
4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.5
7.5 7.75
≥8.0 hours
used
F. Equipment Not o n the Job Site Not Required for Original -Contract Work . For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:
1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account
G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for non- owner-operated dump truck rental to City . The City Engineer shall determine the payment rate.
Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non -owner-operated dump truck is rental equipment and the owner is a subcontractor.
The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The ad ditional 2 percent (2%) markup shall reimburse Contractor for
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
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: ( )
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
EXHIBIT D
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, State of California, has awarded to United Pavement Maintenance, Inc., hereinafter designated as the “ Principal,” a contract for Project No. 23-067 Package 1; 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, executo rs, 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 pa rt, 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, an d 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]
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
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
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
EXHIBIT E
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock , a municipal corporation, has awarded to United Pavement Maintenance, Inc., hereinafter designated as the “Principal”, a contract for Project No . 23-067 Package 1; 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 ther eon 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 31 38 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]
City Contract No. 2025-161
City Project No. 23-067 Package 1
12/06/24
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