Turlock City Council
July 8, 2025

City Council Meeting
Agenda
July 8, 2025
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
Mayor
Amy Bublak
Council Members
Kevin Bixel
Cassandra Abram
Erika Phillips
Rebecka Monez
(Vice Mayor)

Interim City Manager
Sue Borrego
City Clerk
Nichole Fiez
City Attorney
George A. Petrulakis
SPEAKER CARDS: To accommodate those wishing to address the Council and allow for staff followup, speaker cards are available for any agendized topic or any other topic delivered under Public Comment. Please fill out and provide the Comment Card to the City Clerk or Police Officer.

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

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

NOTICE: Pursuant to California Government Code Section 54954.3, any member of the public may directly address the City Council on any item appearing on the agenda, including Consent Calendar and Public Hearing items, before or during the City Council’s consideration of the item. Members of the public will be allowed three (3) minutes for comments.

AGENDA PACKETS: Prior to the City Council meeting, a complete Agenda Packet is available for review on the City’s website at www.cityofturlock.org and in the City Clerk’s Office at 156 S. Broadway, Suite 230, Turlock, during normal business hours. Materials related to an item on this Agenda submitted to the Council after distribution of the Agenda Packet are also available for public inspection in the City Clerk’s Office. Such documents may be available on the City’s website subject to staff’s ability to post the documents before the meeting.

1. CALL TO ORDER

2. SALUTE TO THE FLAG

3. ROLL CALL AND DECLARATION OF CONFLICTS

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

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 8, 2025
Next City Council Resolution: 2025-129 Next Ordinance: 1332-CS

5. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS,

PRESENTATIONS, AND BRIEFINGS
A. Presentation - Fire Administration Contract Extension and Additional Services (Moreno)

6. PUBLIC PARTICIPATION
Pursuant to California Government Code Section 54954.3(a), this portion of the meeting is set aside for members of the public to address the City Council on matters that are not listed on tonight’s agenda but are within the subject matter jurisdiction of the City Council. Speakers will be allowed up to three (3) minutes for their comments. Speakers who wish to address a matter listed later on the agenda may be asked to wait until that item is heard. Comments on matters outside the Council’s subject matter jurisdiction may be ruled out of order by the presiding officer and not permitted to continue. Pursuant to Government Code Section 54954.2(a)(3), the City Council may not take action or engage in substantive discussion on items not listed on the posted agenda.

However, the Council or staff may briefly respond to public comments, refer matters to staff, or request that a topic be placed on a future agenda.

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

A. Motion: Accepting the Weekly demands of June 13, 2025 through June 19, 2025 in the amount of $2,019,243.47 and June 20, 2025 through June 26, 2025 in the amount of $770,356.79
B. Motion: Accepting the Minutes of the June 24, 2025 Regular City Council Meeting C. Motion: Waiving Reading of Title and Text of All Ordinances Included in the Agenda D. Resolution: Approving Amendment No. 14 for Task Order No. 7 under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc. (Fresno, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $98,219.92 to be funded by Fund 115 “Measure A – Roads” for City Project No. 23-052 as “NV5 CM Task Order No. 7 for City Project No. 23-052" (Pezeshk) E. Resolution: Approving an agreement (City Contract No. 2025-215) with Safety-Kleen Systems, Inc. in response to RFB No. 24-030, for the supply of Lubricating Oil and Miscellaneous Products for a period of three (3) years, in a total not-to-exceed amount of $45,000, to be expensed from Fund 505 “Fleet” (Fisher)
F. Motion: Authorizing staff to proceed with the advertisement for construction bids for City Project No. 23-042 “Montana Neighborhood Park Phase 2 Improvements” (Morris)

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 8, 2025
Next City Council Resolution: 2025-129 Next Ordinance: 1332-CS G. Motion: Authorizing staff to proceed with the advertisement for construction bids for City Project No. 21-043 “John Lazar Park” (Morris)
H. 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 with Creative Property Renewal, Inc of Stockton, California in the amount of $141,205.00 and authorizing a construction contingency amount of $14,120.50 (10.0%) for the construction of City Project No. 24-010 "Fire Station No. 31 SCBA Compressor Room" to be funded by Fund 240 "Small Equipment Replacement" and Fund 110 "General Fund" (Morris)

8. FINAL READINGS

9. PUBLIC HEARINGS
A. In the matter of ordering the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042; Approving the appropriation of funds from Fund 246 “Landscape Assessment” reserves to expense account 246-60-600.47326 “Reimburse Property Owners” in an amount not to exceed $23,300 to reimburse property owner(s) of any overpayment to date as a result of the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042 (Morris)
Recommended Action:

Resolution: Ordering the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042 Resolution: Approving the appropriation of funds from Fund 246 “Landscape Assessment” reserves to expense account 246-60-600.47326 “Reimburse Property Owners” in an amount not to exceed $23,300 to reimburse property owner(s) of any overpayment to date as a result of the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042 B. Introduction and first reading of an ordinance repealing and replacing Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct), Chapter 5-17 (Vendors) with a new Chapter 5- 17 (Itinerant Vendors) to remove outdated street and sidewalk vending regulations and adopt a regulatory framework for itinerant (door-to-door) vendors only; Resolution Adopting Rules and Regulations Regarding Sidewalk Vendors within the City of Turlock, pursuant to Government Code Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5 (Petrulakis)
Recommended Action:

Ordinance: Repealing and Replacing Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct), Chapter 5-17 (Vendors) with a new Chapter 5-17 (Itinerant Vendors) to remove outdated street and sidewalk vending regulations and adopt a regulatory framework for itinerant (door-to-door) vendors only.

Resolution: Adopting Rules and Regulations Regarding Sidewalk Vendors within the City of Turlock, pursuant to Government Code Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 8, 2025
Next City Council Resolution: 2025-129 Next Ordinance: 1332-CS

10. ACTION ITEMS
A. Adopting the updated “First Time Homebuyer Secondary Financing Program” Policy and Procedure for the Housing Program Services Division (Figueroa) Recommended Action: Resolution: Adopting the updated “First Time Homebuyer Secondary Financing Program” Policy and Procedure for the Housing Program Services Division B. Authorizing the Interim City Manager to sign up to $100,000 for first-time homebuyer loans and housing rehabilitation loans (Figueroa)
Recommended Action: Resolution: Authorizing the Interim City Manager to sign up to $100,000 for first-time homebuyer loans and housing rehabilitation loans.

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

A. Monthly Department Reports

12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS

13. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation, Cal. Gov’t Code §54956.9(d)(2) “For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist... A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case(s): Two (2)
B. Threat to Public Services, Public Facilities, Critical Infrastructure Controls, Critical Infrastructure Information Relating to Cybersecurity, Cal. Gov’t Code §54957(a)(1) “This chapter does not prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or other law enforcement or security personnel, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity.”
Consultation with: City Attorney George Petrulakis, IT Director Nicklaus Showalter, and Security Consultants

14. REPORTS FROM CLOSED SESSION

15. ADJOURNMENT

Modesto Fire
Administration
Contract

PRESENTED BY ISAAC MORENO

Topics
 History
 Contract Extension
 Proposed New Services
 EMS Division Services
 Fire Marshal
 Financial Impact
 Next Steps

History

History
Contract
 On January 25, 2022 the City of Turlock executed a four-year agreement with the City of Modesto for Fire Administrative Services  Benefits:
 A single fire chief will lead and manage services for multiple municipalities to promote regionalization
 Full access to the City of Modesto support staff
 Streamline program development in specialized services  Modesto Assistant Fire Chief was assigned for oversight and point of contact to the City of Turlock

History

History

Contract Extension

Contract Extension
 An extended term option for one additional two-year term. However, if this extension is requested it shall be approved no later than June 30, 2025 unless all the Parties agree in writing to allow a later date for approval by the Parties' respective governing bodies
 This written obligation has been fulfilled

PROPOSED NEW

SERVICES

Proposed New Service –
Deputy Fire Marshal
 Deputy Fire Marshal
 Employee Quantity:
 1
 History:
 Currently a Fire Marshal is budgeted, however unfilled  Fiscal Impact:
 By eliminating currently budgeted Fire Marshal this proposed service will generate a cost savings. The is due to Modesto billing 75% of the cost for this Full-Time Employee  Note:
 Although Modesto is billing this service at only 75%, given the depth of their staffing they can provide additional coverage as needed at no additional cost  Turlock will maintain fire prevention staff sufficient for continual operation. This staff shall include administrative support for scheduling corresponding and billing, a fire inspector, and plans review responsibilities

Proposed New Service –
Deputy Fire Marshal
Scope of Work:
 Oversee planning and administration of Turlock’s Fire Prevention and Community Risk Reduction Program  Supervise the Turlock Fire Inspector and provide direction on daily operations and priorities  Provide oversight for plan reviews of development and building projects to ensure compliance with fire and life safety codes
 Coordinate and oversee inspections of:
 State-mandated occupancies
 Business, commercial, and industrial occupancies
 Participate in site plan reviews for new developments, including access, water supply, and fire protection features  Support updates to the General Plan and input on Specific Plan development  Coordinate with Turlock on adoption and amendments to the Fire Code and relevant Municipal Code provisions  Coordinate and inspect special events such as parades, fairs, and the Farmers Market for fire safety compliance  Assist with hazard mitigation planning, including stakeholder coordination and community engagement

Proposed New Service –
EMS Division Services
 EMS Division Services
 Employee Quantity:
 3
 History:
 Historically, this service has been provided by staff, however the level of expertise and experience needed today is far greater
 Fiscal Impact:
 This service is currently not budgeted. Therefore, there will be a fiscal impact, however due to the level of service needed and Modesto cost sharing we are only financially responsible for 13% of the cost

Proposed New Service –
EMS Division Services
Scope of Work:
 Personnel (Provided by Modesto):
 1 EMS Deputy Chief (admin oversight)
 1 clerical staff (40-hour)
 1 QA/QI nurse or equivalent
 Medical Oversight:
 Modesto will assign a licensed MD as EMS Medical Director  Facilities:
 Modesto will provide headquarters
 Turlock will provide training facilities and classroom space, as needed  Quality Assurance/Improvement (QA/QI):
 Modesto will manage QA/QI programs, review patient care reports, and recommend training or corrective actions  Operational Support:
 Includes medication restocking, equipment calibration, and EMS best practice guidance  Investigations & Compliance:
 Modesto will lead investigations, LEMSA coordination, audits, and compliance with all applicable protocols

Proposed New Services –
Fiscal Impact
Fiscal Year 2025-2026 Adjusted Fiscal Year 2026-2027 Fiscal Year 2027-2028 Modesto Modesto Modesto
Deputy Fire Marshal 75%

188,296.21 Deputy Chief 75%

357,705.99 Deputy Chief 75%

392,522.96
EMS 13%

107,679.65 Deputy Fire Marshal 75%

193,960.50 Deputy Fire Marshal 75%

204,912.32

295,975.86 EMS 13%

113,543.57 EMS 13%

119,865.56
Admin Fee

50,000.00 Admin Fee

50,000.00
Turlock

715,210.06

767,300.84
Fire Marshal (step 5)

302,286.00
EMS

-

302,286.00 Turlock Turlock
Chief

452,706.00 Chief

452,706.00
(Savings) / +Cost
Increase

(6,310.14) Fire Marshal (step 5)

302,286.00 Fire Marshal (step 5)

302,286.00
EMS

- EMS

-

754,992.00

754,992.00
(Savings) / +Cost
Increase

(39,781.94) (Savings) / +Cost Increase

12,308.84

Next Steps
 Bring forward to Council an amendment to the Modesto Fire Administration Services contract to extend term and new scope of work

Questions?

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - Accounts Payable
Check
149049 06/13/2025 Open Accounts Payable BONANDER AUTO TRUCK &

TRAILER INC
$158.42
Invoice Date Description Amount
280086 05/28/2025 12737081 (S) FILTER $75.34
280096 05/29/2025 13597415 (S)SENSOR $9.69
279502 04/22/2025 19474058 (S)OUTLET $73.39
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $73.39
217 - Streets - Gas Tax 217.11000 (Cash) $75.34
426 - Transit 426.11000 (Cash) $9.69
149050 06/16/2025 Open Utility Management
Refund
FLORSHEIM HOMES $59.25
Account Type Account Number Description Transaction Date Transaction Type Single Family Res Metered 001750-001 MOVE OUT CREDIT 06/16/2025 Refund Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $59.25
149051 06/16/2025 Open Utility Management
Refund
JONES, JOY R $78.69
Account Type Account Number Description Transaction Date Transaction Type Single Family Res Metered 181803-002 MOVE OUT CREDIT 06/16/2025 Refund Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $78.69
149052 06/16/2025 Open Utility Management
Refund
NIAKAN, SIROOS $45.46
Account Type Account Number Description Transaction Date Transaction Type Single Family Res Metered 675040-003 MOVE OUT CREDIT 06/16/2025 Refund Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $45.46
149053 06/16/2025 Open Utility Management
Refund
RASHIDI, SABRINA $372.43
Account Type Account Number Description Transaction Date Transaction Type Single Family Res Metered 75876-005 MOVE OUT CREDIT 06/16/2025 Refund Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $372.43
149054 06/18/2025 Open Accounts Payable A-Z BUS SALES INC $2,617.92 Invoice Date Description Amount
INVSAC34428 06/04/2025 TRA21-1071 a/c compressor $2,346.60 INVSAC34485 06/05/2025 FF00048WBK WMT GEAR RACK KIT SHIPOUT $271.32 Paying Fund Cash Account Amount
426 - Transit 426.11000 (Cash) $2,617.92
149055 06/18/2025 Open Accounts Payable ABS DIRECT INC $7,500.00 Invoice Date Description Amount
MP-20250612 06/12/2025 POSTAGE ADVANCE FOR JUN/JUL 2025 $7,500.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $7,500.00
user: Veronica Naranjo Pages: 1 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149056 06/18/2025 Voided INCORRECT
ENTRY
06/18/2025 Accounts Payable ALLEGIANCE INDUSTRIAL SUPPLY, LLC
$3,743.62
Invoice Date Description Amount
INV6312 05/14/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $79.30 INV6669 06/05/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $449.99 INV6671 06/05/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $1,124.27 INV6640 06/04/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $239.52 INV6446 05/23/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $923.31 INV6540 05/30/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $46.06 INV6584 05/30/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $881.17 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $3,743.62 149057 06/18/2025 Open Accounts Payable AMERICAN VALLEY WASTE OIL INC
$1,510.00
Invoice Date Description Amount
220049 05/12/2025 SRWA OIL & HAZARDOUS WASTE DISPOSAL $1,510.00 Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $1,510.00
149058 06/18/2025 Open Accounts Payable AMERINATN'L COMM SERVICE $18.00 Invoice Date Description Amount
LPM-25-000820 04/30/2025 April 2025 Services $18.00
Paying Fund Cash Account Amount
255 - CDBG 255.11000 (Cash) $18.00
149059 06/18/2025 Open Accounts Payable ANV CONTRACTORS INC $2,516.41 Invoice Date Description Amount
Order Number #87 04/14/2025 Repair Work for 829 Vermont $2,516.41 Paying Fund Cash Account Amount
255 - CDBG 255.11000 (Cash) $2,516.41
149060 06/18/2025 Open Accounts Payable AssetWorks Inc $2,307.36 Invoice Date Description Amount
SIN015624 05/24/2025 Drewelow/Plummer 5/1-5/24 2025 $990.00 SIN015690 04/30/2025 Drewelow/Plummer 4/27-4/30 2025 $660.00 SIN015606 05/31/2025 Plummer - Travel Airfare May 2025 $657.36 Paying Fund Cash Account Amount
426 - Transit 426.11000 (Cash) $876.80
505 - Fleet 505.11000 (Cash) $1,430.56
149061 06/18/2025 Open Accounts Payable AT&T Corp $587.76 Invoice Date Description Amount
1300462015 05/11/2025 SRWA - JPA, Surface Water, Operations - Internet Access May 2025
$587.76
Paying Fund Cash Account Amount
950 - SRWA - JPA 950.11000 (Cash) $587.76
149062 06/18/2025 Open Accounts Payable AT&T MOBILITY $1,173.44 Invoice Date Description Amount
4173X04272025 04/19/2025 287310834173 / SIM CARDS FOR WQC-SRWAPARKS$1,173.44 Paying Fund Cash Account Amount
205 - Sports Facilities 205.11000 (Cash) $87.46
user: Veronica Naranjo Pages: 2 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $974.31 450 - SRWA - Operations 450.11000 (Cash) $111.67
149063 06/18/2025 Open Accounts Payable AT&T/SBC $31.54 Invoice Date Description Amount
PD 6/7/25 06/07/2025 Acct# 234 371-3447 543 0/ Police Dept $31.54 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $31.54
149064 06/18/2025 Open Accounts Payable Big Jay's Tires Inc DBA Jay's Tires $89.95 Invoice Date Description Amount
1-17033 06/09/2025 POL21-1360 alignment $89.95
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $89.95
149065 06/18/2025 Open Accounts Payable BONANDER AUTO TRUCK &

TRAILER INC
$68.52
Invoice Date Description Amount
610851 06/04/2025 74-03 kti pwr up down lead $68.52
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $68.52
149066 06/18/2025 Open Accounts Payable CALLYO 2009 Corp $3,540.00 Invoice Date Description Amount
R21106 06/02/2025 CALLYO STANDARD RENEWAL 6/1/25 - 5/31/26 $3,540.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $3,540.00
149067 06/18/2025 Open Accounts Payable CHARTER COMMUNICATIONS $312.98 Invoice Date Description Amount
170075101060725 06/07/2025 170075101 / CITY HALL (TV Service) 156 S Broadway #112
$312.98
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $61.05
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $39.25 420 - WATER 420.11000 (Cash) $39.26
501 - Information Technology 501.11000 (Cash) $173.42
149068 06/18/2025 Open Accounts Payable Chemtrade Chemicals Corp DBA Chemtrade Chemicals
$3,866.54
Invoice Date Description Amount
90252012 06/06/2025 SRWA SUPPLY AND DELIVERY OF Aluminum Sulfate 6.06.25
$3,866.54
Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $3,866.54
149069 06/18/2025 Open Accounts Payable CINCINNATI LIFE INS INC $459.74 Invoice Date Description Amount
4010180259 06/12/2025 MAY 2025 PREMIUMS $459.74
Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $459.74
user: Veronica Naranjo Pages: 3 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149070 06/18/2025 Open Accounts Payable CINTAS FIRST AID AND SAFETY, CINTAS CORP NO 2
$183.44
Invoice Date Description Amount
5273740511 06/04/2025 SRWA Medical Supplies 6.04.25 $183.44 Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $183.44
149071 06/18/2025 Open Accounts Payable CITY OF TURLOCK - CASH $566.27 Invoice Date Description Amount
06-13-25 REPLIN 06/13/2025 FIN AR-REPLINISH PETTY CASH-06/13/25 $566.27 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $304.27
255 - CDBG 255.11000 (Cash) $37.00
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $225.00 149072 06/18/2025 Open Accounts Payable CUSTOM LOCKSMITH & ALARM INC
$233.55
Invoice Date Description Amount
0000053986 05/19/2025 SERVICE/LABOR FOR DRILL OPEN FREEZER LOCK
$233.55
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $233.55
149073 06/18/2025 Open Accounts Payable EQUIFAX $10.00
Invoice Date Description Amount
2066043232 05/31/2025 May 2025 Services $10.00
Paying Fund Cash Account Amount
255 - CDBG 255.11000 (Cash) $10.00
149074 06/18/2025 Open Accounts Payable FASTENAL COMPANY INC $2,231.93 Invoice Date Description Amount
CATUR197907 05/30/2025 nuts and bolts $922.70
CATUR197930 06/06/2025 645-3-01 TKCA21850 $918.96
CATUR197800 05/22/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $390.27 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $1,149.64
217 - Streets - Gas Tax 217.11000 (Cash) $115.34
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $620.95 420 - WATER 420.11000 (Cash) $115.34
426 - Transit 426.11000 (Cash) $230.66
149075 06/18/2025 Open Accounts Payable FEDERAL EXPRESS $42.92 Invoice Date Description Amount
8-892-59625 06/13/2025 SHIPPING CHARGES FOR 6/1325 $42.92 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $42.92
149076 06/18/2025 Open Accounts Payable FIRST SHIELD SECURITY AND PATROL
$7,195.86
Invoice Date Description Amount
6281 05/30/2025 Unarmed Security Services for City Hall-May 2025 $6,688.50 6286 05/30/2025 Unarmed Security Services for City Hall-Special Meetings May 202
$507.36
Paying Fund Cash Account Amount
user: Veronica Naranjo Pages: 4 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
110 - General Fund 110.11000 (Cash) $7,195.86
149077 06/18/2025 Open Accounts Payable FRANCHISE TAX BOARD $90.87 Invoice Date Description Amount
060725GONZALEZ 06/12/2025 06072025 PAYROLL WITHHOLDING $90.87 Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $90.87
149078 06/18/2025 Open Accounts Payable FRANCHISE TAX BOARD $77.49 Invoice Date Description Amount
060725VASQUEZ 06/12/2025 06072025 PAYROLL WITHHOLDING $77.49 Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $77.49
149079 06/18/2025 Open Accounts Payable Genesis Behavior Center, Inc. $95,200.00 Invoice Date Description Amount
56 06/16/2025 Professional Services $95,200.00
Paying Fund Cash Account Amount
119 - American Rescue Plan Act 119.11000 (Cash) $95,200.00 149080 06/18/2025 Open Accounts Payable Genfare, LLC $6,600.00 Invoice Date Description Amount
90210418 06/09/2025 D22192-0007 S/A TRIM, MAGNETIC-FAST FARE

FAREBOX
$6,600.00
Paying Fund Cash Account Amount
426 - Transit 426.11000 (Cash) $6,600.00
149081 06/18/2025 Open Accounts Payable GEOANALYTICAL LAB INC $364.00 Invoice Date Description Amount
L5F0202 06/02/2025 SRWA LABORATORY ANALYSIS SERVICES 6.02.25 $45.00 L5F0410 06/04/2025 SRWA LABORATORY ANALYSIS SERVICES 6.04.25 $139.00 L5F0505 06/05/2025 SRWA LABORATORY ANALYSIS SERVICES 6.05.25 $180.00 Paying Fund Cash Account Amount
950 - SRWA - JPA 950.11000 (Cash) $364.00
149082 06/18/2025 Open Accounts Payable GILLIG LLC $654.58 Invoice Date Description Amount
41315638 06/04/2025 82-19647-003 2 EA SEAL ASM, INR $654.58 Paying Fund Cash Account Amount
426 - Transit 426.11000 (Cash) $654.58
149083 06/18/2025 Open Accounts Payable GRAINGER INC, W W $1,202.54 Invoice Date Description Amount
9523119429 05/29/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $92.46 9523338532 05/29/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $255.73 9527364542 06/03/2025 SRWA Supplies - 2450 Battery $18.60 9534481933 06/09/2025 SRWA Supplies - Hex Bushing & Hose Adapters $120.92 9536140990 06/10/2025 SRWA Supplies - Wet/Dry Shop Vac $641.27 9536141006 06/10/2025 SRWA Supplies - Breaker Bar $73.56 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $348.19 450 - SRWA - Operations 450.11000 (Cash) $854.35
user: Veronica Naranjo Pages: 5 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149084 06/18/2025 Open Accounts Payable GREEN HORIZON INC $2,515.00 Invoice Date Description Amount
46611 06/01/2025 Landscape Services-829-831 Vermont Ave, May 2025 Services
$130.00
46612 06/01/2025 Landscape Services-570 Jason Dr.- May 2025 Services
$100.00
46616 06/01/2025 Landscape Services-573 Birchwood Way, May 2025 Services
$165.00
46615 06/01/2025 Landscape Services-901 High St.- May 2025 Services $165.00 46614 06/01/2025 Landscape Services- 2065 Cody Ct., May 2025 Services
$165.00
46613 06/01/2025 Landscape Services-1827 Shadow Park, May 2025 Services
$130.00
46799 06/01/2025 SRWA - Landscape Services-Green Horizon 6.01.25 $1,660.00 Paying Fund Cash Account Amount
255 - CDBG 255.11000 (Cash) $855.00
950 - SRWA - JPA 950.11000 (Cash) $1,660.00
149085 06/18/2025 Open Accounts Payable Harris & Associates, Inc. $1,433.57 Invoice Date Description Amount
67944 05/24/2025 Dissolution Victoria Estates Assessment Dist-4/27/25 to 5/24/25
$1,433.57
Paying Fund Cash Account Amount
246 - Landscape Assessment 246.11000 (Cash) $1,433.57
149086 06/18/2025 Open Accounts Payable HD SUPPLY INC, DBA

USABLUEBOOK
$799.40
Invoice Date Description Amount
INV00725237 05/30/2025 SRWA supplies - Sulfuric Acid $139.73 INV00728839 06/03/2025 SRWA supplies - Ozone Reagent $659.67 Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $799.40
149087 06/18/2025 Voided INCORRECT
ENTRY
06/18/2025 Accounts Payable Imperial Bag & Paper Co., LLC DBA Imperial Dade
$3,130.07
Invoice Date Description Amount
37225608 03/26/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $194.35 36490518a 01/09/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $42.84 37198502 03/24/2025 JANITORIAL PAPER & CLEANING SUPPLIES $24.51 37653743 05/07/2025 JANITORIAL PAPER & CLEANING SUPPLIES $86.01 37787102 05/20/2025 JANITORIAL PAPER & CLEANING SUPPLIES $24.51 37787103 05/20/2025 JANITORIAL PAPER & CLEANING SUPPLIES $27.81 37651143 05/07/2025 JANITORIAL PAPER & CLEANING SUPPLIES $1,461.02 37757185 05/16/2025 JANITORIAL PAPER & CLEANING SUPPLIES $607.81 37799043 05/21/2025 JANITORIAL PAPER & CLEANING SUPPLIES $484.76 37841588 05/27/2025 JANITORIAL PAPER & CLEANING SUPPLIES $65.04 37905214 06/02/2025 JANITORIAL PAPER & CLEANING SUPPLIES $103.23 37919611 06/03/2025 JANITORIAL PAPER & CLEANING SUPPLIES $8.18 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $3,130.07 user: Veronica Naranjo Pages: 6 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149088 06/18/2025 Open Accounts Payable JARVIS FAY LLP $8,285.00 Invoice Date Description Amount
20360 05/31/2025 Engineering - Local Street Closure Task - May 2025 $1,393.00 20361 05/31/2025 SPECIAL COUNSEL SERVICES Sidewalk RepairsMay 2025$6,892.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $8,285.00
149089 06/18/2025 Open Accounts Payable LANGUAGE LINE SERVICES $24.04 Invoice Date Description Amount
11611895 05/31/2025 Acct #9020101104 - Translation services for Police Department
$24.04
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $24.04
149090 06/18/2025 Open Accounts Payable LC ACTION POLICE SUPPLY, LTD $29,202.63 Invoice Date Description Amount
476365 05/27/2025 SAFARILAND LIBERATOR 4 COMMUNICATION
HEADSETS (13)
$23,902.26
476412 05/28/2025 LESS THAN LETHAL MUNITIONS $5,300.37
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $5,300.37
201 - Asset Forfeiture 201.11000 (Cash) $23,902.26
149091 06/18/2025 Open Accounts Payable LeaderGov, LLC $30,700.00 Invoice Date Description Amount
1340 06/03/2025 LeaderGov June 2025 Invoice $11,000.00
1320 02/26/2025 LeaderGov February 2025 Invoice $19,700.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $30,700.00
149092 06/18/2025 Open Accounts Payable Linde Inc. $10,253.75 Invoice Date Description Amount
50180313 06/03/2025 SRWA SUPPLY & DELIVERY OF LIQUID CARBON DIOXIDE 6.03.25
$10,253.75
Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $10,253.75
149093 06/18/2025 Open Accounts Payable Mark Thomas & Company, Inc. $17,792.92 Invoice Date Description Amount
55701 05/31/2025 23-052 Mark Thomas Task Order 2 for Roads Geer Rd-May 2025
$17,792.92
Paying Fund Cash Account Amount
115 - Measure A - Roads 115.11000 (Cash) $17,792.92
149094 06/18/2025 Open Accounts Payable MAVERICK DATA SYSTEMS $500.00 Invoice Date Description Amount
451 06/10/2025 WARRANT BUILDER SUBSCRIPTION FOR SPECIAL OPS
$500.00
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $500.00
user: Veronica Naranjo Pages: 7 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149095 06/18/2025 Open Accounts Payable MME $10,824.30
Invoice Date Description Amount
035696 05/28/2025 F[EL_D LABOR -.._· .. FIELD LABOR NOTE: PAT

GOES TO TURLOCK AN
$1,593.15
035694 05/28/2025 FIELD LABOR INSTALLATION OF LIFT $1,866.99 035701 05/28/2025 Repair leaking cylinder on lift $2,500.00 035703 05/28/2025 035703 - Repair leaking cylinder Mohawk 12K lift $2,467.00 035699 05/28/2025 Inspections (3) Fleet Shop (9) Bus Shop $2,397.16 Paying Fund Cash Account Amount
426 - Transit 426.11000 (Cash) $2,120.53
505 - Fleet 505.11000 (Cash) $8,703.77
149096 06/18/2025 Open Accounts Payable MODESTO WINDUSTRIAL $69.47 Invoice Date Description Amount
218997 02 06/06/2025 SRWA Supplies - 3/4 Galv. Pipe $69.47 Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $69.47
149097 06/18/2025 Open Accounts Payable NAPA AUTO PARTS $3,526.14 Invoice Date Description Amount
838973 06/04/2025 244-9240 RAY REMAN STARTER () $94.19
839007 06/04/2025 7594R BAT 2YR WTY BAT (170) $300.13
839048 06/05/2025 71422 GRO TRIANGLE WARNING KIT () $75.04 839074 06/05/2025 25-040359SF NBH STRETCH FIT TM BELT ( $28.32 839096 06/05/2025 25-061130 NBH SERPENTINE BELT () $37.50 839098 06/05/2025 75XDT800 BAT 2YR WTY BAT $479.76
839103 06/05/2025 564.46535 NON BATTERY BOX COVER () $150.33 839069 06/05/2025 VCJT138 BRG Q $50.86
839125 06/06/2025 213-3128 RAY REMAN ALTERNATOR () $126.03 839128 06/06/2025 AR394 ECH RELAY () $33.91
839131 06/06/2025 H6054-N LMP HALOGEN SEALED BEAMS () $10.63 839134 06/06/2025 VCJT138 BRG Q $280.90
839141 06/06/2025 7565 BAT 2YR WTY BAT (170) $467.05
839147 06/06/2025 2011R MIL LIGHT (M01) $65.16
839177 06/06/2025 CJT1 3/8 BRG ADAPTER BRG HOUSING ( $305.15 839226 06/09/2025 230084 FIL CABIN AIR FILTER () $30.77 839249 06/09/2025 VCJT1 BRG ADAPTER BRG HOUSING ()Credit for Orig 839134
($280.90)
839256 06/09/2025 IC930 ECH COIL ON PLUG COIL () $462.58 839275 06/10/2025 NPF002 NAF 2.5 DEF () $119.38
839303 06/10/2025 1356 FIL ENGINE OIL FILTER () $5.53
839362 06/10/2025 100050 FIL ENGINE OIL FILTER () $5.92 839393 06/11/2025 15958 ATP PLATINUM FILTER KIT () $390.88 839408 06/11/2025 1-5960 ATP ATP FILTER () $22.76
839390 06/11/2025 7269 BAT NAPA Commercial Battery 6 Month () $264.26 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $883.60
217 - Streets - Gas Tax 217.11000 (Cash) $727.32
246 - Landscape Assessment 246.11000 (Cash) $5.53
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $944.88 420 - WATER 420.11000 (Cash) $413.64
user: Veronica Naranjo Pages: 8 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
426 - Transit 426.11000 (Cash) $551.17
149098 06/18/2025 Open Accounts Payable Operational Technical Services, LLC $7,398.00 Invoice Date Description Amount
4930 06/01/2025 SRWA - Senior Operator MC 5.28.25 - 6.01.25 $7,398.00 Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $7,398.00
149099 06/18/2025 Open Accounts Payable OREILLY AUTO PARTS $1,564.46 Invoice Date Description Amount
2800-148487 06/03/2025 SSB 59PRMJ Core Return ($22.00)
2800-149425 06/06/2025 DOR 912-746 RELEASE CABL $47.28
2800-150192 06/09/2025 3014 ACCUMULATOR $31.32
2800-150254 06/09/2025 56689 AC HOSE ASSY $48.83
2800-150840 06/11/2025 PSO 710584 OIL SEAL $17.23
2800-150870 06/11/2025 WR6159 IGN WIRE $1,441.80
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $25.28
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $80.15 420 - WATER 420.11000 (Cash) $1,459.03
149100 06/18/2025 Open Accounts Payable P G & E $18,924.24 Invoice Date Description Amount
701 WLNT 6/10/25 06/10/2025 6224543828-8 / 701 S Walnut Rd $110.81 CNG 6/10/25 06/10/2025 8466606707-3 / 901 S Walnut Rd CNG $745.93 WLNT#A 6/10/25 06/10/2025 3794250242-0 / 701 S Walnut Rd Ste A / CNG Slow Fill Station
$13,185.79
FIRE#4 6/11/25 06/11/2025 7556584382-0 / 2820 N Walnut-Fire #4 $51.93 PSF 6/10/25 06/10/2025 8391988340-1 / 244 N Broadway-PSF $4,780.74 TRANSIT2 6/10/25 06/10/2025 9448303839-7 / 1418 N Golden State Blvd Ste 2 $22.55 TRANSIT1 6/10/25 06/10/2025 0913752739-7 / 1418 N Golden State Blvd Ste 1 $26.49 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $4,832.67
426 - Transit 426.11000 (Cash) $13,234.83
505 - Fleet 505.11000 (Cash) $856.74
149101 06/18/2025 Open Accounts Payable PERMITIUM, LLC $5,550.00 Invoice Date Description Amount
PER00040530 06/11/2025 STANDARD IMPLEMENTATION & ONBOARDING $5,550.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $5,550.00
149102 06/18/2025 Open Accounts Payable PROVOST & PRITCHARD

ENGINEERING GROUP INC
$10,064.82
Invoice Date Description Amount
120420 06/12/2025 Well 35 Grant Assistance - services to May 31, 2025 $10,064.82 Paying Fund Cash Account Amount
422 - Well Remediation 422.11000 (Cash) $10,064.82
149103 06/18/2025 Open Accounts Payable RUSH TRUCK CENTERS OF CALIFORNIA, INC.
$756.45
Invoice Date Description Amount
3041888563 06/05/2025 BB5Z17603A:FRD KIT - JET $84.50
3042002481 06/07/2025 LB5Z16916B:FRD CABLE ASY - HOOD $107.23 user: Veronica Naranjo Pages: 9 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3042031215 06/09/2025 5415562:CE SENSOR,OXYGEN $407.34
3042003348 06/10/2025 FU2Z14S411YA:FRD WIRE ASY $78.78
3042008872 06/10/2025 BB5Z7827936A:FRD HOUSING $78.60
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $270.33
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $78.78 426 - Transit 426.11000 (Cash) $407.34
149104 06/18/2025 Open Accounts Payable SCI Consulting Group $9,750.00 Invoice Date Description Amount
SBS11732-AA 05/20/2025 Annual Financial Audit & Audit Reports for 2024 $9,750.00 Paying Fund Cash Account Amount
117 - Cannabis 117.11000 (Cash) $9,750.00
149105 06/18/2025 Open Accounts Payable SEEGERS PRINTING INC $1,029.77 Invoice Date Description Amount
0145804-IN 06/04/2025 EPO PROTECTIVE ORDERS 500 $357.38 0145882-IN 06/05/2025 Business Cards $108.63
0146045-IN 06/13/2025 #10 WINDOW ENVELOPE ANIMAL SERVICES $563.76 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $921.14
420 - WATER 420.11000 (Cash) $108.63
149106 06/18/2025 Open Accounts Payable STATE OF CALIFORNIA $1,077.00 Invoice Date Description Amount
820075 06/04/2025 MAY FINGERPRINTING 2025 $1,077.00
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $1,077.00
149107 06/18/2025 Open Accounts Payable STOMMEL INC DBA LEHR $4,832.20 Invoice Date Description Amount
SI119815 06/04/2025 IONR Whelen ION Series Super-LED Universal Light - Red
$346.95
SI119952 06/06/2025 EV-7001 Patrol Power Timer $713.67
SI118754 06/09/2025 JY2AAAA-LEHR Whelen, 56" Justice LIghtbar, WC, All Amber, TA, TD
$1,885.79
SI118756 06/09/2025 JY2AAAA-LEHR Whelen, 56" Justice LIghtbar, WC, All Amber, TA, TD
$1,885.79
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $713.67
420 - WATER 420.11000 (Cash) $1,885.79
506 - Vehicle/Equipment Replacement 506.11000 (Cash) $2,232.74 149108 06/18/2025 Open Accounts Payable SUPPORT PAYMENT CLEARING $405.35 Invoice Date Description Amount
060725BECCHETTI 06/12/2025 06072025 PAYROLL WITHHOLDING $405.35 Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $405.35
149109 06/18/2025 Open Accounts Payable T I D $374,019.37 Invoice Date Description Amount
052625 1827 Shad 05/26/2025 5637003297 1827 Shadow Park Dr. $25.29 083201 - JUN 25 06/09/2025 ACC#0832010000 - JUN 2025 $8,621.52 183201 - JUN 25 06/10/2025 ACC#1832010000 - JUNE2025 $6,928.53 user: Veronica Naranjo Pages: 10 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
283201 - JUN 25 06/10/2025 ACC#2832010000 - JUN 2025 $18,477.40 383201 - JUN 25 06/10/2025 ACC#3832010000 - JUNE 2025 $5,029.41 483201 - JUN 25 06/10/2025 ACC#4832010000 - JUN 2025 $211,718.43 683201 - JUN 25 06/10/2025 ACC#6832010000 - JUN 2025 $4,615.41 773201 - JUN 25 06/09/2025 ACC#7732010000 - JUN 2025 $9,596.83 873201 - JUN 25 06/09/2025 ACC#8732010000 - JUN 2025 $7,751.15 973201 - JUN 25 06/10/2025 ACC#9732010000 - JUN 2025 $101,255.40 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $34,099.10
205 - Sports Facilities 205.11000 (Cash) $4,580.41
216 - Streets - Local Transportation 216.11000 (Cash) $23,908.30 217 - Streets - Gas Tax 217.11000 (Cash) $92.67
246 - Landscape Assessment 246.11000 (Cash) $10,796.00
255 - CDBG 255.11000 (Cash) $25.29
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $180,014.13 416 - Recycled Water Sales 416.11000 (Cash) $6,646.79
420 - WATER 420.11000 (Cash) $110,877.06
426 - Transit 426.11000 (Cash) $1,197.08
505 - Fleet 505.11000 (Cash) $1,782.54
149110 06/18/2025 Open Accounts Payable TANK TOWN MEDIA LLC $144.00 Invoice Date Description Amount
95792 06/06/2025 Tracy Press Ad - Laboratory Analyst 6.6.2025 $144.00 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $72.00 420 - WATER 420.11000 (Cash) $72.00
149111 06/18/2025 Open Accounts Payable TOP-TIER COLLISION CENTER, INC.
$3,150.16
Invoice Date Description Amount
1011 06/03/2025 AD03-4814 repairs $3,150.16
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $3,150.16
149112 06/18/2025 Open Accounts Payable TOWNSEND PUBLIC AFFAIRS INC $5,500.00 Invoice Date Description Amount
23430 05/31/2025 Consulting Services for May 2025 $5,500.00 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $2,750.00 420 - WATER 420.11000 (Cash) $2,750.00
149113 06/18/2025 Open Accounts Payable TURF STAR $203.53 Invoice Date Description Amount
INV092071 06/03/2025 130-2862: BLADE-25IN, RH $102.42
INV093911 06/10/2025 121-5162: 121-5162-SET-KEY, IGNITION, 121 $101.11 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $101.11
426 - Transit 426.11000 (Cash) $102.42
149114 06/18/2025 Open Accounts Payable TURLOCK IRRIGATION DISTRICT $14,439.67 Invoice Date Description Amount
30918 03/03/2025 SRWA - TID Commissioning Procedures & Normal Operations Feb 2025
$14,439.67
user: Veronica Naranjo Pages: 11 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
950 - SRWA - JPA 950.11000 (Cash) $14,439.67
149115 06/18/2025 Open Accounts Payable TURLOCK SCAVENGER CO INC $126.54 Invoice Date Description Amount
0003029854 05/31/2025 SRWA 6 yd Bin Service June 2025 $126.54 Paying Fund Cash Account Amount
950 - SRWA - JPA 950.11000 (Cash) $126.54
149116 06/18/2025 Open Accounts Payable UMR $984.47
Invoice Date Description Amount
TOSTA JULY 2025 06/01/2025 Retiree Health Premiums July 2025 $984.47 Paying Fund Cash Account Amount
104 - Payroll Clearing Fund 104.11000 (Cash) $984.47
149117 06/18/2025 Open Accounts Payable UNITED PAVEMENT MAINTENANCE, INC.
$1,239,798.44
Invoice Date Description Amount
PP2/CP 23-068 04/30/2025 23-068 Roads Program for Construction CIP BP 1- April 2025
$497,883.16
Pay Estimate #8 06/04/2025 23-032 Roads Program CIP-Progress Payment for 5/16-6/4 2025
$741,915.28
Paying Fund Cash Account Amount
115 - Measure A - Roads 115.11000 (Cash) $741,915.28
218 - Measure L 218.11000 (Cash) $497,883.16
149118 06/18/2025 Open Accounts Payable UNIVAR SOLUTIONS USA, LLC dba

UNIVAR SOLUTIONS USA
$14,969.57
Invoice Date Description Amount
53053474 05/28/2025 SRWA SUPPLY AND DELIVERY OF SODIUM
HYPOCHLORITE 5.28.25
$14,969.57
Paying Fund Cash Account Amount
450 - SRWA - Operations 450.11000 (Cash) $14,969.57
149119 06/18/2025 Open Accounts Payable VERIZON WIRELESS $4,148.61 Invoice Date Description Amount
6115157245 06/03/2025 Human Relations Verizon 5/4/25-6/3/25 $41.36 6115157246 06/03/2025 POLICE MAY 04 - JUN 03 $4,065.89
6112647920 05/03/2025 Human Relations Verizon 4/4/25-5/3/25 $41.36 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $4,148.61
149120 06/18/2025 Open Accounts Payable Vestis Group Inc DBA Vestis Services LLC
$4,375.34
Invoice Date Description Amount
27274968 05/31/2025 5510 .. ·.· NV Custom Emblem $136.04 5/31/25 05/31/2025 UNIFORM RENTAL & LAUNDRY SERVICES - MAY 2025
$4,239.30
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $1,193.44
205 - Sports Facilities 205.11000 (Cash) $145.73
217 - Streets - Gas Tax 217.11000 (Cash) $172.64
246 - Landscape Assessment 246.11000 (Cash) $268.19
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $1,218.79 user: Veronica Naranjo Pages: 12 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
420 - WATER 420.11000 (Cash) $278.03
426 - Transit 426.11000 (Cash) $121.28
450 - SRWA - Operations 450.11000 (Cash) $519.40
505 - Fleet 505.11000 (Cash) $457.84
149121 06/18/2025 Open Accounts Payable Viking Shred, LLC $240.00 Invoice Date Description Amount
51155184 06/03/2025 CITY WIDE SHREDDING - JUNE 2025 $240.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $240.00
149122 06/18/2025 Open Accounts Payable WAYNE BOYER DBA MOTOPORT USA
$4,827.62
Invoice Date Description Amount
1553 06/03/2025 TRAFFIC OFFICER MOTOR UNIFORMS $4,827.62 Paying Fund Cash Account Amount
206 - Traffic Safety 206.11000 (Cash) $4,827.62
149123 06/18/2025 Open Accounts Payable WEST YOST & ASSOCIATES INC. $15,257.50 Invoice Date Description Amount
2062951 05/09/2025 SRWA - Program Mgmt Services for 2024-25 April 2025
$15,257.50
Paying Fund Cash Account Amount
950 - SRWA - JPA 950.11000 (Cash) $15,257.50
149124 06/18/2025 Open Accounts Payable WEXBANK $83.46
Invoice Date Description Amount
105420311 06/15/2025 SHELL FUEL 6-15-25 $83.46
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $83.46
149125 06/18/2025 Open Accounts Payable Bublak, Amy $1,239.17 Invoice Date Description Amount
TR5146 Per Diem 05/20/2025 TR5146-ACEC Eng Award - Bublak $1,239.17 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $1,239.17
149126 06/18/2025 Open Accounts Payable CROXEN, RAYMOND $500.00 Invoice Date Description Amount
TR 5147 PER DIEM 06/03/2025 ICI HOMICIDE INV, 7/6/25-7/18/25, MCCLELLAN $500.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $500.00
149127 06/18/2025 Open Accounts Payable DHAMI, JESSIE $700.00 Invoice Date Description Amount
FY24/25-PROF DEV 06/12/2025 Professional Development FY 24/25 $700.00 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $700.00
149128 06/18/2025 Open Accounts Payable FasTrak Invoice Processing Department
$8.00
Invoice Date Description Amount
I712533230884 06/10/2025 Bridge Toll Invoice for V #6009-TR 5140 $8.00 Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $8.00
user: Veronica Naranjo Pages: 13 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149129 06/18/2025 Open Accounts Payable FasTrak Invoice Processing Department
$8.00
Invoice Date Description Amount
I712284310827 05/28/2025 Bridge Toll Invoice for V #6007 $8.00 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $8.00 149130 06/18/2025 Open Accounts Payable Fiez, Nichole $107.50 Invoice Date Description Amount
Meeting Reimb 06/02/2025 Meeting Reimb 6/2/2025 $107.50 Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $107.50
149131 06/18/2025 Open Accounts Payable FORTADO, AMANDA $600.00 Invoice Date Description Amount
FY24/25PRFDEV-AF 06/09/2025 FY 24/25 PROFESSIONAL DEVELOPMENT

REIMBURSEMENT
$600.00
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $600.00
149132 06/18/2025 Open Accounts Payable GONSALVES, ANGELICA $84.46 Invoice Date Description Amount
REIMB TR 5138 06/10/2025 Miscellaneous -TYLER CONNECT 2025 SAN ANTONIO 5/11-5/14/25
$84.46
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $84.46
149133 06/18/2025 Open Accounts Payable GOVERNMENT SOCIAL MEDIA LLC $179.00 Invoice Date Description Amount
2025-210019618 06/10/2025 ADVANCED CONTENT STRATEGIES, 7/10/25,

ONLINE FOR DSANCHEZ
$179.00
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $179.00
149134 06/18/2025 Open Accounts Payable RODRIGUEZ, RAUL $384.00 Invoice Date Description Amount
TR#5141 - RAUL 06/11/2025 PER DIEM - TR# 5141- Mitch's Backflow Recert - Sacramento, CA
$384.00
Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $384.00
149135 06/18/2025 Open Accounts Payable SMITH, MICHAEL $384.00 Invoice Date Description Amount
TR#5141- SMITH 06/11/2025 PER DIEM - TR# 5141- Mitch's Backflow Recert - Sacramento, CA
$384.00
Paying Fund Cash Account Amount
420 - WATER 420.11000 (Cash) $384.00
149136 06/18/2025 Open Accounts Payable Tejeda, Juan $358.45 Invoice Date Description Amount
24-25ProfDev 06/06/2025 2024-25 Professional Development $358.45 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $179.22 420 - WATER 420.11000 (Cash) $179.23
user: Veronica Naranjo Pages: 14 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
149137 06/18/2025 Open Accounts Payable TRUJILLO, GERARDO $82.73 Invoice Date Description Amount
DEMAND-GTRUJILLO 06/11/2025 CACEO MODULE TWO, LOS BANOS - LUNCH

REIMBURSEMENT
$82.73
Paying Fund Cash Account Amount
110 - General Fund 110.11000 (Cash) $82.73
149138 06/18/2025 Open Accounts Payable ALLEGIANCE INDUSTRIAL SUPPLY, LLC
$3,697.56
Invoice Date Description Amount
INV6312 05/14/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $79.30 INV6669 06/05/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $449.99 INV6671 06/05/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $1,124.27 INV6640 06/04/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $239.52 INV6446 05/23/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $923.31 INV6584 05/30/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $881.17 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $3,697.56 149139 06/18/2025 Open Accounts Payable Imperial Bag & Paper Co., LLC DBA Imperial Dade
$2,522.26
Invoice Date Description Amount
37225608 03/26/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $194.35 36490518a 01/09/2025 SHIPPING & RECEIVING GENERAL SUPPLIES $42.84 37198502 03/24/2025 JANITORIAL PAPER & CLEANING SUPPLIES $24.51 37653743 05/07/2025 JANITORIAL PAPER & CLEANING SUPPLIES $86.01 37787102 05/20/2025 JANITORIAL PAPER & CLEANING SUPPLIES $24.51 37787103 05/20/2025 JANITORIAL PAPER & CLEANING SUPPLIES $27.81 37651143 05/07/2025 JANITORIAL PAPER & CLEANING SUPPLIES $1,461.02 37799043 05/21/2025 JANITORIAL PAPER & CLEANING SUPPLIES $484.76 37841588 05/27/2025 JANITORIAL PAPER & CLEANING SUPPLIES $65.04 37905214 06/02/2025 JANITORIAL PAPER & CLEANING SUPPLIES $103.23 37919611 06/03/2025 JANITORIAL PAPER & CLEANING SUPPLIES $8.18 Paying Fund Cash Account Amount
410 - WATER QUALITY CONTROL (WQC) 410.11000 (Cash) $2,522.26 Type Check Totals: 91 Transactions $2,019,243.47
AP - Accounts Payable Totals
user: Veronica Naranjo Pages: 15 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Checks Status Count Transaction Amount Reconciled Amount Open 89 $2,012,369.78 $0.00
Reconciled 0 $0.00 $0.00
Voided 2 $6,873.69 $0.00
Stopped 0 $0.00 $0.00
Total 91 $2,019,243.47 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 89 $2,012,369.78 $0.00
Reconciled 0 $0.00 $0.00
Voided 2 $6,873.69 $0.00
Stopped 0 $0.00 $0.00
Total 91 $2,019,243.47 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 89 $2,012,369.78 $0.00
Reconciled 0 $0.00 $0.00
Voided 2 $6,873.69 $0.00
Stopped 0 $0.00 $0.00
Total 91 $2,019,243.47 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 89 $2,012,369.78 $0.00
Reconciled 0 $0.00 $0.00
Voided 2 $6,873.69 $0.00
Stopped 0 $0.00 $0.00
Total 91 $2,019,243.47 $0.00
user: Veronica Naranjo Pages: 16 of 16 Monday, June 23, 2025 Payment Register
City of Turlock
From Payment Date: 6/13/2025 - To Payment Date: 6/19/2025

City Council Staff Report
July 8, 2025
From: Nichole Fiez, City Clerk
Prepared by: Nichole Fiez, City Clerk
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

That the City Council waive the reading of the title and text of all ordinances included in the agenda.

2. DISCUSSION OF ISSUE:

The City of Turlock is a general law city formed under the laws of the State of California.

With respect to the adoption of ordinances, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless required, the full reading of the title and text of all ordinances is waived.

3. BASIS OF RECOMMENDATION:

None

4. FISCAL IMPACT / BUDGET AMENDMENT:

None

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

None

8. ALTERNATIVES:

None

9. ATTACHMENTS:

None

City Council Staff Report
July 8, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving Amendment No. 14 for Task Order No. 7 under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc. (Fresno, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $98,219.92 to be funded by Fund 115 “Measure A – Roads” for City Project No. 23-052 as “NV5 CM Task Order No. 7 for City Project No. 23- 052"

2. DISCUSSION OF ISSUE:

On February 27, 2024, the City Council approved a Master Agreement for Construction Management and Inspection Services with NV5, Inc. (City Contract No. 2024-111). The Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of the Master Agreement.

Scope of services for construction management and inspection is described in three (3) activity components: Pre-Construction, Construction Management and Inspection, and PostConstruction. “Pre-Construction” activities ensure that the projects are properly set up and organized in the lead-up to start of construction. Activities such as constructability reviews, file reviews and set-up, scheduling, and pre-construction conference with the contractor take place during this stage. “Construction Management and Inspection” activities during the actual construction of the projects will ensure, in general, that the contractor is complying with the contractual requirements, that the work is constructed in compliance with the bid documents, that the quantities of work are measured accurately for proper payment to the contractor, and that issues encountered in the field are resolved in a timely fashion. “PostConstruction” activities ensure that as-built plans are prepared to document and accurately reflect the project as actually constructed and that contract records are adequately and properly organized and complete.

On August 22, 2023, the City Council approved Task Order No. 2, as an Amendment under the terms of the Master Agreement for Engineering Design Services between the City of Turlock and Mark Thomas & Company, Inc., for the rehabilitation of Geer Road corridor, up to the 30% design development stage, from N. Golden State Blvd. to Taylor Road. Then, on June 11, 2024, the City Council approved Task Order No. 2A for the development of the final design for the Geer Road corridor rehabilitation.

Since the design is still ongoing, critical items such as the final scope of construction work, the engineer’s estimate of construction costs, sequencing of construction, and number of working days are not yet available. Therefore, the proposed amendment for construction management and inspection services only includes the scope and fee for “Pre-Construction”

Agenda Staff Report
7/8/2025
activities. Once the design phase has progressed to a stage where sufficient information is available to develop a detailed scope of services, an amendment will be presented to the City Council for consideration and approval of the scope of services and fee associated with “Construction Management and Inspection” and “Post-Construction Services” activities. “Pre-Construction” activities will commence shortly after approval of the proposed amendment and will continue through the start of construction.

3. BASIS OF RECOMMENDATION:

A. The proposed Amendment is essential to ensuring that adequate resources are available for advancing the construction of Roads Program Captial Improvement Projects.

B. This action is consistent with Council’s stated goal of utilizing Measure A revenues to expedite road repair projects.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The fiscal impact of the proposed action will be $98,219.92 which will be funded by Fund 115 “Measure A – Roads”, account number 115-10-115.43327 “Construction Management.” Appropriate funds have been allocated during the Fiscal Year 2025-2026 budget process to cover this amendment.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

Approving the amendment for the task order described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because it 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:

A. Council could choose not to approve Amendment No. 14 to the Master Agreement with NV5, Inc. Staff does not recommend this alternative as it is essential to ensure that adequate resources are made available for management and inspection of construction activities and to avoid delaying the construction.

B. Provide staff with direction on how to proceed.

9. ATTACHMENTS:

Agenda Staff Report
7/8/2025

1. Amendment No. 14 for Task Order No. 7 under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc.

CITY CONTRACT NO. 2024-111, Amendment No. 14 for Task Order No. 7 AMENDMENT NO. 14 FOR TASK ORDER NO. 7
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. 23-052
THIS AMENDMENT NO. 14 for Task Order No. 7 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 corporation (“Professional”), on this ______ day of ___________ 2025 (the “Effective Date of Task Order No. 7”). 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. 14.

WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2024-111) dated February 27, 2024, for Construction Management and Inspection Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and WHEREAS, Construction Management and Inspection Services comprise three (3) components: Pre-Construction, Construction Management and Inspection, and PostConstruction; and WHEREAS, Agreement stipulates that the scope of services and 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-Construction services for City Project No. 23-052 as “NV5 CM Task Order No. 7 for City Project No. 23-052;” and WHEREAS, Pre-Construction services will commence shortly after approval of the proposed Amendment No. 14 and will continue through the start of construction; and WHEREAS, Amendment No. 14 for Task Order No. 7 provides for the scope of services and associated fees for said City Project.

CITY CONTRACT NO. 2024-111, Amendment No. 14 for Task Order No. 7 NOW, THEREFORE, the Parties hereto mutually agree to amend the Agreement as follows:

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

3. Recital C of the Agreement is amended to read as follows:

C. The Parties anticipate that one or more projects for Services shall be determined through creation of a Task Order as a City-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 O.

4. 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 Agreement as determined under each Task Order (“Compensation Schedule”), which shall be included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit O.

5. 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 O. Any request for Services not included in Exhibits A through O will be considered a request for additional or modified Services (“Modification” or “Modifications”).

Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

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

CITY CONTRACT NO. 2024-111, Amendment No. 14 for Task Order No. 7

6. Section 6 of the Agreement is amended to read as follows:

6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit based 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 to the Agreement. The compensation for Amendment No. 14 shall not exceed Ninety-Eight Thousand TwoHundred-Nineteen Dollars and Ninety-Two Cents ($98,219.92) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.

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

8. 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. 14 for Task Order No. 7 IN WITNESS WHEREOF, the Parties have caused this Amendment No. 14 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:

Susan E. Borrego, Interim 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
06/10/2025

City of Turlock Roads Program CIP Projects Task Order #7 (Project No. 23-052) Pre-Construction Services – Scope of Consultant Services 1

SCOPE OF CONSULTANT SERVICES

CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS
TASK ORDER #7 (PROJECT NO. 23-052)

PRE-CONSTRUCTION SERVICES
City of Turlock

DESCRIPTION OF PROJECT
Provide pre-construction project management services for the City of Turlock Roads Program CIP Project 23-052 (Geer Road Pavement Rehabilitation). The project will be delivered in two or three separate bid packages.

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 #7 (Project No. 23-052) 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 PreQualification of Contractors process. We will ensure each prospective bidding contractor submits the DIR’s PreQualification 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 #7 (Project No. 23-052) 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.

City of Turlock Roads Program CIP Projects Task Order #7 (Project No. 23-052) Pre-Construction Services – Scope of Consultant Services 4 Deliverables:

Written agenda for pre-construction conference, including project submittal list.

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 #7 (Project No. 23-052) Pre-Construction Services – Scope of Consultant Services 5 Completion Schedule
NV5 shall be bound by the requirements of the Agreement from the start of pre-construction services commencing in July 2025 until the conclusion of pre-construction periods at the end of December 2026. 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 Pre-Construction Services, an amendment may be required as stipulated in the Agreement.

Fee Schedule
Compensation to provide Construction Management services required for the pre-construction phase of 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 Kramer Walker, PE John Seymour, PE Neil Novotny, EIT TBD TOTAL COST Classification
CM / Resident
Engineer
Assistant
Resident Engineer Project Engineer Inspector (7)
Actual Hourly Rate $124.77 $85.00 $47.95 $85.00
Indirect Cost Rate (ICR) 136.58% 136.58% 136.58% 136.58% Net Fixed Fee 10.00% 10.00% 10.00% 10.00%
Hourly Billing Rate (1) $324.70 $221.20 $124.78 $221.20 Contract Escalation Fee (8) 5.00% 5.00% 5.00% 5.00%

1.1 CONSTRUCTABILITY REVIEW 80 60 60

1.2 CONTRACTOR PREQUALIFICATION 8

1.3 FILE REVIEW 8 8 8

1.4 DOCUMENT EXISTING CONDITIONS 8 32

1.5 SCHEDULE REVIEW 8

1.6 DRAW SCHEDULE 4

1.7 PRE-CONSTRUCTION CONFERENCE 8 8 8 4

1.8 REVIEW CONTRACTOR PRE-CONSTRUCTION SUBMITTALS 8 40 40

1.9 ESTABLISH PROJECT PROCEDURES 8 4 4 4
Man Hour Subtotal 140 120 120 40
$2,395.59
Task 1 Subtotal Fees $45,457.85 $26,544.28 $14,974.09 $8,848.09 $98,219.92 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 $98,219.92

5. This cost estimate is based on the pre-construction phase of the project being completed between July 1st, 2025 and December 30th, 2026. 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. #7 (PROJECT NO. 23-052) - 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 3/31/2026.

Staffing Plan & Fee Proposal for Pre-Construction Services Turlock Roads Program CIP Projects T.O. #7 (Project No. 23-052 Geer Rd) Prepared for the City of Turlock
TASK I: PRE-CONSTRUCTION PHASE
Estimated Escalation (8):

Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. 23-052 (Geer Rd) Contract No. 2024-111 Task Order #7 Date 6/8/2025

DIRECT LABOR
Hours Actual Hourly Rate Total
140 $124.77 $17,467.80
120 $85.00 $10,200.00
0 $80.00 $0.00
40 $80.00 - $90.00 $3,400.00
120 $47.95 $5,754.00
0 $0.00
0 $0.00
420

LABOR COSTS
a) Subtotal Direct Labor Costs $36,821.80
b) Anticipated Salary Increases (see page 2 for calculation) $920.54 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $37,742.35

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)] $51,548.49 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $51,548.49
FIXED FEE (Profit)
q) (Rate: 10.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $8,929.08 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)] $98,219.92
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.

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
CM / Resident Engineer Kramer Walker, PE*
Assistant Resident Engineer Kolton Walker, PE
Assistant Resident Engineer John Seymour, PE*
Inspector TBD**
Project Engineer Neil Novotny, EIT
Description of Item

Local Assistance Procedures Manual Exhibit 10-H1
Consultant Contract No. 2024-111 Task Order #7 Date 6/8/2025

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
$36,821.80 = $87.67 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $87.67 + = $92.05 Year 2 Avg Hourly Rate
Year 2 $92.05 + = $96.66 Year 3 Avg Hourly Rate
Year 3 $96.66 + = $101.49 Year 4 Avg Hourly Rate
Year 4 $101.49 + = $106.56 Year 5 Avg Hourly Rate
Year 5 $106.56 + = $111.89 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 50.00% * = 210.0 Estimated Hours Year 1
Year 2 50.00% * = 210.0 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% = 420.0
Year 1 $87.67 * = $18,410.90 Estimated Hours Year 1
Year 2 $92.05 * = $19,331.45 Estimated Hours Year 2
Year 3 $96.66 * = $0.00 Estimated Hours Year 3
Year 4 $101.49 * = $0.00 Estimated Hours Year 4
Year 5 $106.56 * = $0.00 Estimated Hours Year 5
= $37,742.35
= $36,821.80
= $920.54 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 03/31/26 and salary increases due to escalation are effective 04/01/26. 4 Calculations for anticipated salary escalation must be provided.

EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
NV5, Inc.

Direct Labor Subtotal Total Hours
5%
per Cost Proposal per Cost Proposal
420

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%
Total

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
420.0
420.0
420.0
420.0
420.0

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) Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
210
210
0 0
0 Total Direct Labor Cost with Escalation

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): 6/9/2025 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

City Council Staff Report
July 8, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: David Barr, Fleet Services Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving an agreement (City Contract No. 2025-215) with Safety-Kleen Systems, Inc. in response to RFB No. 24-030, for the supply of Lubricating Oil and Miscellaneous Products for a period of three (3) years, in a total not-to-exceed amount of $45,000, to be expensed from Fund 505 “Fleet”

2. DISCUSSION OF ISSUE:

Staff requests approval of a 3-year contract for the purchase of Lubricating Oil and Miscellaneous Products for the Fleet Services Division in an amount not to exceed $45,000 over a 3-year period.

The Fleet Services Division will use the lubricating oil and other miscellaneous products provided through the proposed contract to maintain approximately 500 City-owned equipment units.

3. BASIS OF RECOMMENDATION:

A. The Fleet Services Division needs lubricating oil and miscellaneous products to service, maintain and repair nearly 500 pieces of City owned equipment.

B. RFB 24-030 for lubricating oil and miscellaneous products was conducted by the City Finance Department.

C. In the absence of a permanent City Manager, purchases in excess of $25,000 require City Council approval in accordance with Turlock Municipal Code Section 2-7-08(f).

D. There are available funds in account number 505-50-525.46032.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The estimated usage for lubricating oil and miscellaneous products is $15,000 per year and a not to exceed amount of $45,000 over a 3-year contract term.

Appropriate funds have been allocated during Fiscal Year 2025 - 2026 in Fund 505 "Fleet", account number 505-50-525.46032 - Vehicle & Small Equipment Maintenance Parts and will be requested in the 2026 - 2027 and 2027 - 2028 Fiscal Year budgets.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

Agenda Staff Report
7/8/2025

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 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:

Do not approve the contract. This alternative is not recommended, as Fleet requires a continuous supply of lubricating oil and miscellaneous products in the daily maintenance of the City's Fleet of nearly 500 equipment units.

9. ATTACHMENTS:

1. Draft Resolution

2. City Contract 2025-215 with Safety Kleen Systems, Inc.

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, the Fleet Services Division of the City of Turlock is responsible for maintaining approximately 500 City-owned equipment units, which requires a reliable supply of lubricating oil and miscellaneous products to ensure consistent service, maintenance, and repair; and
WHEREAS, the City conducted a formal procurement process through Request for Bids (RFB) No. 24-030 to solicit competitive proposals for the supply of lubricating oil and miscellaneous products; and
WHEREAS, Safety-Kleen Systems, Inc. was determined to be the lowest responsive and responsible bidder pursuant to RFB No. 24-030 and has agreed to provide said products under the terms and conditions set forth in City Contract No. 2025- 215; and
WHEREAS, the proposed agreement with Safety-Kleen Systems, Inc. is for a three-year term in a total not-to-exceed amount of $45,000 to be expensed from Fund 505 “Fleet,” account number 505-50-525.46032 (Vehicle & Small Equipment Maintenance Parts); and
WHEREAS, in accordance with Turlock Municipal Code Section 2-7-08(f), City Council approval is required for purchases exceeding $25,000 in the absence of a permanent City Manager; and
WHEREAS, this action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as it involves organizational or administrative activities of government that do not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve an agreement (City Contract No. 2025-215) with Safety-Kleen Systems, Inc. in response to RFB No. 24-030, for the supply of Lubricating Oil and Miscellaneous Products for a period of three (3) years, in a total not-to-exceed amount of $45,000, to be expensed from Fund 505 “Fleet”.
}
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IN THE MATTER OF APPROVING AN
AGREEMENT (CITY CONTRACT NO. 2025-
215) WITH SAFETY-KLEEN SYSTEMS, INC.

IN RESPONSE TO RFB NO. 24-030, FOR

THE SUPPLY OF LUBRICATING OIL AND

MISCELLANEOUS PRODUCTS FOR A
PERIOD OF THREE (3) YEARS, IN A

TOTAL NOT-TO-EXCEED AMOUNT OF
$45,000, TO BE EXPENSED FROM FUND
505 “FLEET”

Resolution No. 2025-

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of July, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

Contract No. 2025-215
{PLA 2024}
05/08/2025

SUPPLIER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
SAFETY-KLEEN SYSTEMS, INC.
for

LUBRICATING OIL AND MISCELLANEOUS PRODUCTS
City Contract No. 2025-215
THIS SUPPLIER AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“CITY”), and SAFETY-KLEEN SYSTEMS, INC., a Wisconsin corporation (“SUPPLIER”), on this 8th day of July 2025 (the “Effective Date”). CITY and SUPPLIER may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
WHEREAS, CITY has a need for lubricating oil and miscellaneous products; and WHEREAS, SUPPLIER has made a proposal to CITY to provide lubricating oil and miscellaneous products. A description that of which SUPPLIER proposes to provide is included in Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, CITY desires to purchase lubricating oil and miscellaneous products from SUPPLIER, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, the parties hereto mutually agree as follows:

AGREEMENT

1. RECITALS: The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 37 of this Agreement, Sections 1 through 37 shall prevail.

2. PURCHASE OF PRODUCT: SUPPLIER agrees to sell, and CITY agrees to purchase lubricating oil and miscellaneous products, as described in Exhibit A.

Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025

3. SAFETY REQUIREMENT: All services and products must comply with California State Division of Industrial Safety orders and O.S.H.A.

4. COMPENSATION: CITY agrees to pay SUPPLIER in accordance with Exhibit A as full remuneration for performing all Services and furnishing all staffing and materials called for in Exhibit A and for performance by SUPPLIER of all of its duties and obligations under this Agreement. In no event shall the total amount of this Agreement exceed Forty-Five and No/100ths Dollars ($45,000). SUPPLIER agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Invoices: SUPPLIER shall submit dated invoices to CITY specifying the date, location and service rendered, and the charge therefor. (b) Payment: All payments by CITY shall be made in arrears, after satisfactory service, as determined and approved by CITY, has been provided. Payment shall be made by CITY no more than thirty (30) days from CITY's receipt of invoice.

5. TERM OF AGREEMENT: The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 8th day of July, 2028 (Term), unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.

6. EXTENSION OF AGREEMENT: [INTENTIONALLY OMITTED]

7. INSURANCE: SUPPLIER shall not commence work under this Agreement until SUPPLIER has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall SUPPLIER allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. SUPPLIER shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by SUPPLIER, its agents, representatives, employees or subcontractors.

Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY.
(a) Commercial General Liability Insurance: SUPPLIER 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 One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards.

SUPPLIER’s general liability policies shall be primary and not seeking contribution from the 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. (b) Workers’ Compensation Insurance: SUPPLIER shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00). SUPPLIER 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.

Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025
(c) Commercial Auto Insurance: SUPPLIER shall maintain commercial auto liability coverage for owned, leased, hired, and non-owned, borrowed autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than One Million Dollars ($1,000,000.00) per accident. If SUPPLIER owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Umbrella or Excess Policy: SUPPLIER may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or policies maintained by the City (“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 SUPPLIER’s primary and excess liability policies are exhausted. (e) Deductibles and Self-Insured Retentions: Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) SUPPLIER shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
(f) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of SUPPLIER, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to SUPPLIER’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 this project, SUPPLIER’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of SUPPLIER’s insurance and shall not contribute with it. (3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under this Agreement, the insurer, broker/producer, or SUPPLIER 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.

Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025
(g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the City has provided prior approval. (h) Verification of Coverage: SUPPLIER shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive SUPPLIER’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (i) Waiver of Subrogation: With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors.

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

8. INDEMNIFICATION: To the full extent permitted by law, SUPPLIER shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers 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 this Agreement by SUPPLIER or by any Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025
individual or agency for which SUPPLIER is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of SUPPLIER.

9. INDEPENDENT CONTRACTOR RELATIONSHIP: All acts of SUPPLIER, its agents, officers, and employees and all others acting on behalf of SUPPLIER relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. SUPPLIER, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. SUPPLIER has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of SUPPLIER. It is understood by both SUPPLIER and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

SUPPLIER, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

SUPPLIER shall determine the method, details and means of performing the work and Services to be provided by SUPPLIER under this Agreement. SUPPLIER shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the SUPPLIER in fulfillment of this Agreement. SUPPLIER has control over the manner and means of performing the Services under this Agreement. SUPPLIER is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, SUPPLIER has the responsibility for employing other persons or firms to assist SUPPLIER in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction, supervision, and control of SUPPLIER.

All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the SUPPLIER.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the SUPPLIER or SUPPLIER'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.

It is further understood and agreed that SUPPLIER must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of SUPPLIER'S personnel.

As an independent contractor, SUPPLIER hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

10. TERMINATION: Either Party may terminate this Agreement without cause or legal excuse by providing thirty (30) days’ written notice to the other party.

11. CONFORMANCE WITH FEDERAL AND STATE LAW: All equipment, supplies and services used by SUPPLIER in the performance of this Agreement shall conform to the laws of the Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025
government of the United States and the State of California.

12. NO CONFLICT OF INTEREST. SUPPLIER represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

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

14. EXCUSABLE DELAYS; NOTICE TO OTHER OPARTY OF DELAY.

SUPPLIER shall not be in breach of this Agreement 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, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of SUPPLIER. Force Majeure does not include: (a) Service Provider’s financial inability to perform; (b) SUPPLIER’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) SUPPLIER’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the SUPPLIER.

15. ENTIRE AGREEMENT AND MODIFICATION: This Agreement supersedes all previous Agreements and constitutes the entire understanding of the parties hereto. SUPPLIER shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. SUPPLIER specifically acknowledges that in entering into and executing this Agreement, SUPPLIER relies solely upon the provisions contained in this Agreement and no others. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.

16. AMENDMENTS: Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or SUPPLIER to modify the scope of Services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until an Amendment is so executed, CITY will not be responsible to pay any charges SUPPLIER may incur in performing such additional services, and SUPPLIER shall not be required to perform any such additional services.

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

18. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025

19. 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.

20. AUDIT: CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify SUPPLIER'S charges to CITY under this Agreement.

SUPPLIER agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for SUPPLIER Services.

CITY's representative shall have the right to reproduce any of the aforesaid documents.

21. GOVERNING LAW: This Agreement shall be governed according to the laws of the State of California.

22. HEADINGS NOT CONTROLLING: Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

23. COMPLIANCE WITH LAWS: SUPPLIER shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws including, but not limited to, prevailing wage laws, if applicable. SUPPLIER shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

24. CITY BUSINESS LICENSE: SUPPLIER will have a City of Turlock business license.

25. ASSIGNMENT: This Agreement is binding upon CITY and SUPPLIER and their successors. Except as otherwise provided herein, neither CITY nor SUPPLIER shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.

26. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:

To City:

City of Turlock
Attention: Christopher Fisher
156 South Broadway, Suite 270
Turlock, California 95380
With courtesy copy to: City of Turlock, City Attorney’s Office George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025

If to Supplier:

SAFETY-KLEEN SYSTEMS, INC.

Attention: Leonard Lapham
42 Longwater Drive
Norwell, MA 02061

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

David Barr
Municipal Services Department
156 S. Broadway, Suite 270
Turlock, California 95380
Telephone: (209) 668-5590
E-mail: [email protected]

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

29. 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, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully 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.

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

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

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

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

Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025

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

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

36. ATTORNEY’S FEES AND COSTS: If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

37. NECESSARY ACTS AND FURTHER ASSURANCES: The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
[Signatures on Following Page]
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

Contract No. 2025-215
{PLA 2024}
05/08/2025
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their respective officers’ thereunto duly authorized.

CITY OF TURLOCK, a municipal corporation SAFETY-KLEEN SYSTEMS, INC., a Wisconsin corporation
By: _______________________________ By: ______________________________ Susan E. Borrego, Interim City Manager
Title: _____________________________
Date: _____________________________
Print name: ________________________
APPROVED AS TO SUFFICIENCY:

Date: _____________________________
By: _______________________________
Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:

By: _______________________________
George A. Petrulakis, City Attorney

ATTEST:

By: _______________________________
Nichole Fiez, City Clerk
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA SVP of Sales
Shaynn Mahan
06/19/2025

EXHIBIT A TO CITY CONTRACT 2025-215 1 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

EXHIBIT A TO CITY CONTRACT 2025-215 2 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

EXHIBIT A TO CITY CONTRACT 2025-215 3 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

EXHIBIT A TO CITY CONTRACT 2025-215 4 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

EXHIBIT A TO CITY CONTRACT 2025-215 5 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

EXHIBIT A TO CITY CONTRACT 2025-215 6 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

EXHIBIT A TO CITY CONTRACT 2025-215 7 of 7
Docusign Envelope ID: 413262A2-DF2E-4AD8-8E3E-2114331A73FA

City Council Staff Report
July 8, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Randy Jones, P.E., Sr. Civil Engineer
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Authorizing staff to proceed with the advertisement for construction bids for City Project No. 23-042 “Montana Neighborhood Park Phase 2 Improvements”

2. DISCUSSION OF ISSUE:

Construction drawings and specifications are ready to be bid for construction proposals of City Project No. 23-042 “Montana Neighborhood Park Phase 2 Improvements”. Staff requests City Council authorization to advertise the project for construction bids.

The project will install park amenities such as an Americans with Disabilities Act (ADA) playground, swings, outdoor fitness equipment, shade structures, multi-sport area, nine (9) lighted pickleball courts, two (2) full basketball courts, four (4) half basketball courts, a parking lot, bathroom, drainage swale, and landscaping.

3. BASIS OF RECOMMENDATION:

A. Per Resolution 2009-247, City Council authorization is required to advertise projects when the estimated construction costs exceed one million dollars.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The total estimated project costs are displayed below:

Consultant Design $ 51,925.00
Staff Preliminary Engineering $ 125,000.00
Game Time Purchase $ 366,053.82
Engineer’s Estimate $ 3,416,907.20
Construction Contingency $ 341,000.00
Construction Engineering $ 185,000.00
Construction Surveying $ 50,000.00
Building Permit $ 10,000.00
Materials Testing $ 40,000.00
Estimated Construction Costs Total $ 4,585,886.02
The project is partially funded through Prop 68 “2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant,” a donation from Senator Alvarado-Gil, and a donation from District 2 Supervisor Vito Chiesa. The total available grant and donation funding is $2,971,000.

Agenda Staff Report
7/8/2025
Staff will request a budget amendment with the request to approve the award of bid to reflect the actual project costs.

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 (Project) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

8. ALTERNATIVES:

A. Council could choose to not authorize City staff to advertise the project. Staff does not recommend this alternative because the project plans are complete and ready to be advertised.

9. ATTACHMENTS:

1. Montana Park Site Plan

NO PARKING

VAN PARKING

NO PARKING

NO PARKING

COMPACT COMPACT

FIRE LANE

COMPACT NO PARKING

PICKLEBALL COURTS

BASKETBALL COURTS

MULTISPORT SURFACE

PARKING LOT
TURF

DRAINAGE SWALE
TURF

PLAYGROUND

SWINGS FITNESS EQUIPMENT
ARBOR
ARBOR

City Council Staff Report
July 8, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Randy Jones, P.E., Sr. Civil Engineer
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Authorizing staff to proceed with the advertisement for construction bids for City Project No. 21-043 “John Lazar Park”

2. DISCUSSION OF ISSUE:

Construction drawings and specifications are ready to be bid for construction proposals for City Project No. 21-043 “John Lazar Park”. Staff requests City Council authorization to advertise the project for construction bids.

The project will install perimeter sidewalk, landscaping and irrigation, shade structure, and playground equipment.

3. BASIS OF RECOMMENDATION:

A. Per Resolution 2009-247, City Council authorization is required to advertise projects when the estimated construction costs exceed one million dollars.

4. FISCAL IMPACT / BUDGET AMENDMENT:

Design $ 90,000
Engineer’s Estimate $ 1,838,796
Construction Contingency $ 183,000
Construction Engineering $ 183,000
Construction Surveying $ 40,000
Building Permit $ 10,000
Materials Testing $ 25,000
Estimated Construction Costs Total $ 2,369,796
Staff will request a budget amendment with the request to approve the award of bid to reflect the actual project costs.

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

Agenda Staff Report
7/8/2025
(CEQA) in accordance with Section 15378 (Project) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

8. ALTERNATIVES:

A. Council could choose to not authorize City staff to advertise the project. Staff does not recommend this alternative because the project plans are complete and ready to be advertised.

9. ATTACHMENTS:

1. Site Plan

SITE PLAN

City Council Staff Report
July 8, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Oscar Molina, Assistant Engineer
Agendized by: Susan E. Borrego, Interim 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 with Creative Property Renewal, Inc of Stockton, California in the amount of $141,205.00 and authorizing a construction contingency amount of $14,120.50 (10.0%) for the construction of City Project No. 24-010 "Fire Station No. 31 SCBA Compressor Room" to be funded by Fund 240 "Small Equipment Replacement" and Fund 110 "General Fund"

2. DISCUSSION OF ISSUE:

The purpose of this project is to modify a portion of the existing Fire Station No. 31 to accommodate the Fire Department’s newly acquired Self-Contained Breathing Apparatus (SCBA) compressor unit, which is larger than the current equipment. In addition, the existing SCBA compressor has reached the end of its service life, and the current room lacks adequate ventilation to support the efficient operation of compressor systems. A key component of this project is to improve airflow within the space to ensure that future compressor units can operate at maximum efficiency. Enhanced ventilation will also help maintain a cooler environment, reducing the risk of overheating—particularly during the summer months.

The main elements of the scope of work for this project consist of:
• Interior alteration to enlarge existing SCBA room
• Electrical and mechanical modifications to accommodate new compressor equipment • Removal and installation of new compressor equipment, including structural anchorage.

Two bid alternates were included in the bid package. Bid Alternate #1 involved installation of a new exterior double door and related structural work, while Bid Alternate #2 proposed installation of a new mini-split HVAC system to improve ventilation and cooling.

City of Turlock (City) staff advertised this project on April 29, 2025 through the City’s website for construction projects. On May 13, 2025, two (2) bids were received for City Project No. 24-010 "Fire Station No. 31 SCBA Compressor Room". Creative Property Renewal, Inc of Stockton, California, was the lowest responsible bidder with a base bid amount of $121,917.00 and a total bid, which includes two Bid Alternates, of $173,097.00.

Bidder's Summary:

Agenda Staff Report
7/8/2025

CREATIVE PROPERTY

RENEWAL

HANSEL PHELPS
BASE BID $121,917.00 $146,107.00
BID ALT 1 $31,892.00 $48,679.00
BID ALT 2 $19,288.00 $22,919.00
TOTAL $173,097.00 $217,705.00
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with Creative Property Renewal, Inc of Stockton, California, as the lowest responsive, responsible bidder with a bid amount of $141,205.00. This total price includes the Base Bid and Bid Alternate #2. Bid Alternate #1 will be omitted.

3. BASIS OF RECOMMENDATION:

1. Per the Public Contract Code, § 20160 et seq., the City Council (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.

2. Staff recommends Council approval of a contract change order contingency amount of $14,120.50 in accordance with Resolution No. 2025-007. This equates to 10% of the construction contract price and is a typical amount for a project such as this.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The total project costs in Fiscal Year 2024-2025 are estimated as displayed below:

Construction Contractor Bid Cost $141,205.00
Construction Contingency $14,120.50
Preliminary Engineering $21,480.80
Architect Fee $35,698.95
Asbestos Survey $625.00
Building Permit Fees $1,000.00
Construction Engineering $8,000.00
Estimated Total Project Costs $222,130.25
The designated project account numbers for this project are Fund 240 “Small Equipment Replacement” account number 240-00-000-306.44030_004 "Minor Equipment Fire Station" and Fund 110 "General Fund" account number "110-30-300.43120_005 "Building Maintenance Repairs" . All the design-related costs noted above have been expended in Fiscal Year 2024-25. It is anticipated that all of the construction-related costs will be expended in Fiscal Year 2025-2026.

Agenda Staff Report
7/8/2025
Fund 240's account number will be expending a total of $175,520.19 which includes costs from Fiscal Years 24-25 and 25-26. Of this $175,520.19, $57,804.75 has been expensed in the 24-25 Fiscal Year. The remaining balance of $117,715.44 will be expensed for anticipated construction costs in the 25-26 Fiscal Year.

Fund 110's account number will be expending a total of $46,610.06 which only includes anticipated construction costs for FY 25-26.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves negligible or no expansion of use of the existing facilities.

8. ALTERNATIVES:

A. Council could choose to reject all bids submitted for this project. Staff does not recommend this alternative because the project is needed to install the compressor unit.

B. Council could choose to approve a different contract change order contingency amount than $14,120.50. Staff does not recommend this alternative as it is a typical amount for a project such as this.

9. ATTACHMENTS:

1. Draft Resolution

2. Bidder's Summary

3. City Contract 2025-203 with Creative Property Renewal, Inc

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-

WHEREAS, City Project No. 24-010 “Fire Station No. 31 SCBA Compressor Room” consists of enlarging the existing SCBA room at the fire station, making associated mechanical and electrical upgrades to accommodate the new compressor equipment, removing and installing new compressor equipment, including structural anchorage; and WHEREAS, on May 13th, 2025, two (2) bids were received for City Project No. 24- 010 “Fire Station No. 31 SCBA Compressor Room” with Creative Property Renewal, Inc., of Stockton, California, submitting the lowest responsive bid in the amount of $141,205.00 which includes Bid Alternate #2; and
WHEREAS, the total project costs are estimated to total $222,130.25 and include the construction contract amount, a contingency for change orders, and City engineering staff time for project management and inspection, building permit fees, architect fees, preliminary engineering; and
WHEREAS, project funding is available from Fund 240 “Small Equipment Replacement” account number 240-00-000-306.44030_004 “Minor Equipment Fire Station” and Fund 110 “General Fund” account number "110-30-300.43120_005 "Building Maintenance Repairs" in Fiscal Year 2025 - 2026; and
WHEREAS, this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves negligible or no expansion of use of the existing facilities.

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 with Creative Property Renewal, Inc of Stockton, California in the amount of }
}
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IN THE MATTER OF 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 WITH

CREATIVE PROPERTY RENEWAL, INC OF

STOCKTON, CALIFORNIA IN THE
AMOUNT OF $141,205.00 AND

AUTHORIZING A CONSTRUCTION
CONTINGENCY AMOUNT OF $14,120.50
(10.0%) FOR THE CONSTRUCTION OF
CITY PROJECT NO. 24-010 "FIRE
STATION NO. 31 SCBA COMPRESSOR
ROOM" TO BE FUNDED BY FUND 240
"SMALL EQUIPMENT REPLACEMENT"
AND FUND 110 "GENERAL FUND"

Resolution No. 2025-

$141,205.00 and authorize a construction contingency amount of $14,120.50 (10.0%) for the construction of City Project No. 24-010 "Fire Station No. 31 SCBA Compressor Room" to be funded by Fund 240 "Small Equipment Replacement" and Fund 110 "General Fund" PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of July, 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: Fire Station No. 31 SCBA Compressor Room PROJECT NUMBER: 24-010
BID OPENING:
2:00 PM
ANTICIPATED COUNCIL AWARD DATE:
1 2
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total 1 Mobilzation and Demobilization LS 1 $8,850.00 $ 8,850.00 $ 18,150.00 $ 18,150.00 $ 13,000.00 $ 13,000.00 2 Remove Existing Improvements LS 1 $25,200.00 $ 25,200.00 $ 9,720.00 $ 9,720.00 $ 4,500.00 $ 4,500.00 3 Site Work LS 1 $4,700.00 $ 4,700.00 $ 11,040.00 $ 11,040.00 $ 19,335.00 $ 19,335.00 4 Interior Room Alterations LS 1 $2,000.00 $ 2,000.00 $ 14,725.00 $ 14,725.00 $ 8,587.00 $ 8,587.00 5 Patchwork LS 1 $18,800.00 $ 18,800.00 $ 4,200.00 $ 4,200.00 $ 8,500.00 $ 8,500.00 6 Restroom Alterations LS 1 $10,000.00 $ 10,000.00 $ 9,730.00 $ 9,730.00 $ 10,000.00 $ 10,000.00 7 Electrical LS 1 $20,000.00 $ 20,000.00 $ 17,312.00 $ 17,312.00 $ 14,426.00 $ 14,426.00 8 Mechanical LS 1 $12,500.00 $ 12,500.00 $ 14,400.00 $ 14,400.00 $ 14,850.00 $ 14,850.00 9 Structural LS 1 $1,900.00 $ 1,900.00 $ 2,640.00 $ 2,640.00 $ 8,100.00 $ 8,100.00 10 All Other Work Not Included within the Bid Items Above LS 1 $0.00 $ - $ 20,000.00 $ 20,000.00 $ 44,809.00 $ 44,809.00 Base Bid Total =
May 13, 2025
ENGINEER'S EST. Creative Property Renewal, Inc. Hansel Phelps $ 103,950.00 $ 121,917.00 $ 146,107.00
June 24, 2025

Unit of Estimated
Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Demolition LS 1 $10,100.00 $ 10,100.00 $ 4,860.00 $ 4,860.00 $ 1,500.00 $ 1,500.00 Rough Carpentry LS 1 $8,800.00 $ 8,800.00 $ 5,400.00 $ 5,400.00 $ 13,350.00 $ 13,350.00 Doors & Frames LS 1 $3,200.00 $ 3,200.00 $ 4,380.00 $ 4,380.00 $ 12,213.00 $ 12,213.00 Gypsum Board LS 1 $7,500.00 $ 7,500.00 $ 3,600.00 $ 3,600.00 $ 8,600.00 $ 8,600.00 Mechanical LS 1 $6,500.00 $ 6,500.00 $ 6,600.00 $ 6,600.00 $ 7,220.00 $ 7,220.00 Electrical LS 1 $2,500.00 $ 2,500.00 $ 3,932.00 $ 3,932.00 $ 3,276.00 $ 3,276.00 Pipe Bollard EA 2 $3,500.00 $ 7,000.00 $ 1,560.00 $ 3,120.00 $ 1,260.00 $ 2,520.00 Unit of Estimated
Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Mechanical LS 1 $15,000.00 $ 15,000.00 $ 13,200.00 $ 13,200.00 $ 17,886.00 $ 17,886.00 Electrical LS 1 $2,500.00 $ 2,500.00 $ 4,528.00 $ 4,528.00 $ 3,773.00 $ 3,773.00 Pipe Bollard EA 1 $3,500.00 $ 3,500.00 $ 1,560.00 $ 1,560.00 $ 1,260.00 $ 1,260.00 ENGINEER'S EST.

Alt_1
Additive Bid Alternate 1 = $ 45,600.00 $ 31,892.00 $ 48,679.00 ENGINEER'S EST.

Additive Bid Alternate 2 = $ 21,000.00 $ 19,288.00 $ 22,919.00 Alt_2

CITY CONTRACT NO. 2025-203 1
CITY PROJECT NO. 24-010
Rev. 04/09/2025

AGREEMENT

FOR PUBLIC IMPROVEMENT
City Project No. 24-010
Fire Station No. 31 SCBA Compressor Room
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Creative Property Renewal, Inc., a California corporation (“Contractor”), on this 8 th day of July 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 Fire Station No. 31 SCBA Compressor Room (the “Project”).

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

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

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

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on July 8, 2025, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

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CITY PROJECT NO. 24-010
Rev. 04/09/2025
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 Fire Station 31SCBA Compressor Room;
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required in any of the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.

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

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

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

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

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CITY PROJECT NO. 24-010
Rev. 04/09/2025
authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and, in the manner, designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Fire Station No. 31 SCBA Compressor Room.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Contractor’s Proposal for 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 One Hundred Forty-One Thousand Two Hundred Five Dollars ($141,205.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (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

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CITY PROJECT NO. 24-010
Rev. 04/09/2025
provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of Thirty (30) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of Forty (40) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.

The Substantial and Final Completion Due Dates may only be changed by a contract change order.

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

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

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

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

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

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CITY PROJECT NO. 24-010
Rev. 04/09/2025
(b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.

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

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

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

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CITY PROJECT NO. 24-010
Rev. 04/09/2025
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

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

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Five Hundred Twenty and no/100ths Dollars ($520.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Hundred Fifty and no/100ths Dollars ($150.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Substantial and Final Completion Due Dates shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by

CITY CONTRACT NO. 2025-203 7
CITY PROJECT NO. 24-010
Rev. 04/09/2025
a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either

CITY CONTRACT NO. 2025-203 8
CITY PROJECT NO. 24-010
Rev. 04/09/2025
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 Standards in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

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

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

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

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

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CITY PROJECT NO. 24-010
Rev. 04/09/2025

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

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

10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.

Contractor has examined the Project site and is familiar with its topography and condition, location

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

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

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

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

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

13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by

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Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.

Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

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

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

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

16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials

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in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

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

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

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

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

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City.

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(a) Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000) products and completed operations aggregate for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The 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. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations.
(2) For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or selfinsurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000) by diseasepolicy limit, and One Million Dollars ($1,000,000) by disease-each employee. (c) Commercial Auto Insurance. Contractor shall maintain commercial auto liability coverage for owned, non-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.

The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy. (d) Builder’s Risk Insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The policy shall be provided for replacement value on an "all-risk" basis. City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. The

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policy must include: (1) coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. (e) Contractors Pollution Insurance. Pollution Coverage shall be maintained on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including nonowned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees, and volunteers as insureds. (f) Professional Liability Insurance. [Intentionally Omitted] (g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
(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 endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and

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workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
(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 contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

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

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

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

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

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

22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

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

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

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

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

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

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(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.

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

All administrative remedies required under 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.

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

If to City: City of Turlock
Attn: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: Creative Property Renewal, Inc
Attn: Josh Paden.
30 E Rose Street
Stockton CA 95202
[email protected]
If to Contractor’s Sureties: _____________________
_____________________

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_____________________
_____________________

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

Oscar Molina, E.I.T.

City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-5366
E-mail: [email protected]

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

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

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

30. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

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

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

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

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

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

36. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.

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

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

39. Mandatory and Permissive: “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 relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

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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]

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IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 40 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

CONTRACTOR CITY OF TURLOCK, a municipal corporation
By: ____________________________ By: _____________________________ Susan E. Borrego, Interim City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ William D. Morris, RCE, PLS, City Engineer
Date: ___________________________
By: _____________________________
Christopher Fisher, Municipal Services
Director
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

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EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES

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EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.

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

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

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

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs

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(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.

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.

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The City Engineer determines rental costs:

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

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

1.2. Current during the work paid by force account.

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

1.3.1. Rented from equipment business Contractor does not own.

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

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

2.1. Rented from equipment business Contractor does not own.

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

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

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

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

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

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

1. Contractor submits a request to use rented equipment

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

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment

CITY CONTRACT NO. 2025-203 34
CITY PROJECT NO. 24-010
Rev. 04/09/2025
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

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

2. To load and unload equipment

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

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

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

The minimum total time paid is:

1. 1 day if daily rates are paid

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

1. Idled is paid as 1/2 day

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

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.

The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

3.0 5.50

3.5 5.75

4.0 6.00

CITY CONTRACT NO. 2025-203 35
CITY PROJECT NO. 24-010
Rev. 04/09/2025

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

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

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

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for nonowner-operated dump truck rental to City. The City Engineer shall determine the payment rate.

Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

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

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

CITY CONTRACT NO. 2025-203 36
CITY PROJECT NO. 24-010
Rev. 04/09/2025

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. 2025-203 37
CITY PROJECT NO. 24-010
Rev. 04/09/2025

EXHIBIT D

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to Creative Property Renewal, Inc., hereinafter designated as the “Principal,” a contract for Project No. 24-010, “Fire Station No. 31 SCBA Compressor Room”; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

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

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

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

The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]

CITY CONTRACT NO. 2025-203 38
CITY PROJECT NO. 24-010
Rev. 04/09/2025
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. 2025-203 39
CITY PROJECT NO. 24-010
Rev. 04/09/2025

EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to Creative Property Renewal, Inc., hereinafter designated as the “Principal”, a contract for Project No. 24-010, “Fire Station No. 31 SCBA Compressor Room”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

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

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

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

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

CITY CONTRACT NO. 2025-203 40
CITY PROJECT NO. 24-010
Rev. 04/09/2025
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 Council Staff Report
July 8, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Tania Hernandez, Staff Services Analyst
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: In the matter of ordering the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042
Resolution: Approving the appropriation of funds from Fund 246 “Landscape Assessment” reserves to expense account 246-60-600.47326 “Reimburse Property Owners” in an amount not to exceed $23,300 to reimburse property owner(s) of any overpayment to date as a result of the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042

2. DISCUSSION OF ISSUE:

The City of Turlock (City) formed the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042 (the “District”) in April 2006 at the request of the developer. The District was to fund the maintenance and operation of streetlights, street sweeping, and future slurry seals on the subdivision streets by levying an annual assessment on property benefitting from said improvements. The City commenced with assessing the subject property in 2006.

After exhausting extensions deferring construction of the subdivision improvements, the property owner requested a reversion to acreage on the subdivision map thus removing the responsibility to fulfill the conditions of approval. The project, however, did not meet all the necessary criteria to process a reversion to acreage due to the fact that one lot would not be included in the reversion. However, the City was able to help the developer by terminating the subdivision improvement agreement, abandoning the right-of-way and easements dedicated on the subdivision map, and recording a parcel to re-subdivide the 17 lots into 2 lots. At the time of the reversion to acreage, staff reimbursed the developer/owner for all unused funds. Upon completion of the dissolution process, staff will proceed with the reimbursement of assessments previously collected.

At the end of Fiscal Year 2022-2023, there was $23,222.25 in this District’s fund balance.

Staff will appropriate funds from Fund 246 reserves and reimburse the property owner all funds minus the cost of the dissolution.

On June 24, 2025, City Council approved and adopted the Resolution of Intention to dissolve the Victoria Estates Assessment District. This evening’s action is the final step in the process – a public hearing that allows interested individuals the opportunity to comment on the matter. A public notice has been properly published and advertised. Following the hearing, Council will consider and, if appropriate, adopt the resolution ordering the dissolution.

Agenda Staff Report
7/8/2025

3. BASIS OF RECOMMENDATION:

The subdivision improvements were never constructed; therefore the City is no longer obligated to provide maintenance and services to the development. Staff recommends Council approve the resolution and declare its intent to dissolve the District.

4. FISCAL IMPACT / BUDGET AMENDMENT:

Assessments collected for this district were deposited in Fund 246 “Landscape Assessment District Maintenance”. As of June 30, 2023, the District’s balance stands at $23,222.25. The City’s Finance Department is currently reconciling financial activity for Fiscal Year 2023- 2024, and the final reimbursement amount has not yet been determined. However, the property owner has agreed to accept the remaining District balance, less than dissolution cost of $2,400. The reimbursement will not exceed $23,300.

The dissolution of the Victoria Estates Assessment District will have no impact on the General Fund.

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 (Project) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

8. ALTERNATIVES:

City Council may choose not to adopt these Resolutions. Staff does not recommend this as no improvements exist that would require maintenance services from the City. Furthermore, City Council has previously approved the resolution of intention to dissolve the subject assessment district. This action is the final step of that process.

9. ATTACHMENTS:

1. Draft Resolution ordering dissolution

2. Draft Resolution approving appropriation of funds

Resolution No. 2025-

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Park 2 of Division 15 of the California Streets and Highways Code, the Benefit Assessment Act of 1982, (the “Acts”) and the California Constitution, the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042 (the “District”) was duly formed and established in 2006 to levy annual assessments for all lawful purposes authorized under the Acts, including, but not limited to, the maintenance and operation of the streetlights, street sweeping, and future slurry seals on the subdivision streets as identified in the Final Engineer’s Report approved in the District formation proceedings; and
WHEREAS, the District was formed for the maintenance and servicing of improvements within the District through City Council Resolution No. 2006-098 on April 11, 2006; and
WHEREAS, the developer has terminated the subdivision agreement, abandoning right-of-way and easements, therefore the City is no longer providing the maintenance and servicing of the improvements within the territory of the proposed development; and WHEREAS, for those reasons and upon receipt of public comment and testimony on the matter, the City declares to dissolve the District pursuant to California Streets and Highways Code Section 22610 and ceases the levy and collection of assessments against parcels of land within the District beginning with the 2025/26 Fiscal Year 2025- 2026; and,

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF TURLOCK, AS FOLLOWS:

1. Recitals: The recitals set forth above are true and correct, and incorporate these recitals herein by reference.

2. Intention: It is the intention of this legislative body to dissolve the District, pursuant to Division 15, Part 2, Chapter 2, Sections 22605 et seq. of the California Streets and Highways Code, as of July 1, 2025.

IN THE MATTER OF ORDERING THE

DISSOLUTION OF THE VICTORIA ESTATES

LANDSCAPING, LIGHTING, AND STREET

MAINTENANCE BENEFIT ASSESSMENT
DISTRICT, SUBDIVISION PROJECT NO. 7042
}
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Resolution No. 2025-

3. Boundaries: The District is located south of Roberts Road and east of N. Golden State Blvd. The boundaries of the District to be dissolved are the boundaries which the City Council previously declared to benefit by said works of improvement, found in the assessment diagram previously approved by the City Council, a copy of which is on file in the Office of the City EngineerPublic Works Director.

4. Levy of Assessment: The annual levy of assessments as set forth and described in the Engineer’s Report shall cease, beginning in Fiscal Year 2025/2026.

5. Public Hearing: The City Council had taken public comments and testimony regarding the proposed dissolution and for the City Council’s final action upon the proposed dissolution of the District.

6. Dissolution: The District is hereby dissolved and any available funds will be distributed pursuant to the applicable laws.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of July 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-

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, the Benefit Assessment Act of 1982, (the “Acts”) and the California Constitution, the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042 (the “District”) was duly formed and established in 2006 to levy annual assessments for all lawful purposes authorized under the Acts; and WHEREAS, the developer was unable to construct the subdivision improvements and subsequently requested a reversion to acreage on the subdivision map thereby relieving the obligation to fulfill the associated conditions of approval; and WHEREAS, the developer also terminated the subdivision agreement, abandoned the right-of-way and easements, resulting in the City no longer needed to provide the maintenance and servicing of the improvements; and
WHEREAS, on June 24, 2025, Council adopted Resolution of Intention 2025-116 to initiate the dissolution of the District pursuant to Division 15, Part 2, Chapter 2, Sections 22605 et seq. of the California Streets and Highways Code; and WHEREAS, on July 8, 2025, following proper notice and a public hearing held at 6:00 p.m., the City Council received public comments and testimony regarding the proposed dissolution, and no protests were filed; and
WHEREAS, at said meeting, the City Council adopted a Resolution of Dissolution in accordance with California Streets and Highways Code Section 22610, formally dissolving the District; and

IN THE MATTER APPROVING THE
APPROPRIATION OF FUNDS FROM FUND 246
“LANDSCAPE ASSESSMENT” RESERVES TO
EXPENSE ACCOUNT 246-60-600.47326
“REIMBURSE PROPERTY OWNERS” IN AN
AMOUNT NOT TO EXCEED $23,300 TO

REIMBURSE PROPERTY OWNER(S) OF ANY

OVERPAYMENT TO DATE AS A RESULT OF

THE DISSOLUTION OF THE VICTORIA

ESTATES LANDSCAPING, LIGHTING, AND

STREET MAINTENANCE BENEFIT

ASSESSMENT DISTRICT, SUBDIVISION
PROJECT NO. 7042
}
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Resolution No. 2025-

WHEREAS, there remains a balance of funds in the District’s account, and such funds are no longer required for maintenance services due to the dissolution of the District and should be reimbursed to the property owner; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the appropriation of funds from Fund 246 “Landscape Assessment” reserves to expense account 246-60-600.47326 “Reimburse Property Owners” in an amount not to exceed $23,300 to reimburse property owner(s) of any overpayment to date as a result of the dissolution of the Victoria Estates Landscaping, Lighting, and Street Maintenance Benefit Assessment District, Subdivision Project No. 7042.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of July 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 Council Staff Report
July 8, 2025
From: George Petrulakis, City Attorney
Prepared by: George Petrulakis, City Attorney
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Ordinance: Introduction and first reading of an ordinance repealing and replacing Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct), Chapter 5-17 (Vendors) with a new Chapter 5-17 (Itinerant Vendors) to remove outdated street and sidewalk vending regulations and adopt a regulatory framework for itinerant (door-to-door) vendors only.

Resolution: Adopting Rules and Regulations Regarding Sidewalk Vendors within the City of Turlock, pursuant to Government Code Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5.

2. DISCUSSION OF ISSUE:

This item seeks to update the City’s regulation of vendors plying their trade door-to-door or by utilizing City sidewalks and other City rights-of-way. The proposed ordinance will repeal and replace Turlock Municipal Code Chapter 5-17 to apply only to itinerant (door-to-door) vendors. The proposed resolution will establish new rules and regulations for sidewalk (street) vendors consistent with state law.

The current Chapter 5-17 of the Turlock Municipal Code regulates both street vendors and itinerant vendors. However, Government Code Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5 (“Chapter 6.2”), preempts local regulation of sidewalk vendors except through objective standards adopted by ordinance or resolution. At the request of the Turlock Police Department and by the recommended actions, the City is conforming its local laws and regulations to the requirements of state law.

To comply with Chapter 6.2, the City has prepared a resolution that sets forth time, place, and manner restrictions for sidewalk vending based on objective concerns. These include regulations addressing proximity to driveways, fire hydrants, schools, and other public safety features, as well as sanitary and ADA-access compliance requirements. The fines in the resolution are those allowed by state law.

The City has the option of adopting the new sidewalk vending rules and regulations by ordinance or resolution. The staff recommendation is to adopt them by resolution since the state legislature is considering additional constraints on the City’s ability to regulate in this subject area (proposed Senate Bill 635). The resolution includes a provision requiring the City to review the resolution within twelve (12) months. This will allow the City to make any changes required by any new state laws, review the effectiveness and any operational issues that arise under the Resolution, and consider codifying the rules and regulations into the Turlock Municipal Code.

Agenda Staff Report
7/8/2025
At the same time, the City’s existing Chapter 5-17 includes provisions that are no longer enforceable under Chapter 6.2. Staff recommends repealing Chapter 5-17 in its current form and replacing it with a new version titled “Itinerant Vendors,” which will apply solely to doorto-door solicitors and vendors. This ordinance does not affect sidewalk vending and ensures clear separation between the two regulatory frameworks.

By adopting both the ordinance and resolution, the City will modernize its regulatory approach to vendors. The proposed ordinance maintains reasonable permit requirements and conduct rules for itinerant vendors. The resolution ensures that sidewalk vending remains lawful under state law while protecting public health and safety. Together, these actions bring the City’s policies into compliance with Chapter 6.2.

3. BASIS OF RECOMMENDATION:

A. Adoption of both the ordinance and resolution is required to align the City’s vendor regulations with California Government Code Sections 51036–51039.

B. This approach ensures the City has legally enforceable, clearly defined regulations that distinguish between sidewalk vending and door-to-door vending activities.

4. FISCAL IMPACT / BUDGET AMENDMENT:

None.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

N/A

8. ALTERNATIVES:

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

B. Provide staff with alternative direction regarding changes to the proposed resolution or ordinance prior to adoption.

9. ATTACHMENTS:

1. Draft Ordinance Replace Ch 5-17 Itinerant Vendors Agenda Version 2025_07_03

2. Comparison Document Showing Changes to Current TMC Chapter 5-17

3. Draft Resolution

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ORDINANCE NO. -CS
WHEREAS, the City Council of the City of Turlock previously adopted Ordinance No. 870-CS on 3/30/1995; and
WHEREAS, the City has determined that Ordinance No. 870-CS no longer complies with state law and must be repealed in part and revised to ensure such compliance; and
NOW, THEREFORE, the City Council of the City of Turlock does ordain as follows:

Section 1. REPEALED: Title 5, Chapter 17 VENDORS is hereby repealed in its entirety.

Chapter 5-17 VENDORS
5-17-01 Findings.

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

For the purposes of this chapter, unless otherwise stated in this chapter, the following words and phrases are defined as follows:

IN THE MATTER OF REPEALING

AND REPLACING TURLOCK
MUNICIPAL CODE TITLE 5 (PUBLIC

WELFARE, MORALS, AND
CONDUCT), CHAPTER 5-17
(VENDORS) WITH A NEW CHAPTER
5-17 (ITINERANT VENDORS) TO

REMOVE OUTDATED STREET AND

SIDEWALK VENDING

REGULATIONS AND ADOPT A

REGULATORY FRAMEWORK FOR

ITINERANT (DOOR-TO-DOOR)
VENDORS ONLY.
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2 (a) “Established place of business” shall mean and include a fixed place, location or building within the boundaries of the City of Turlock, zoned for residential uses with a valid City home occupation permit, or commercial, office, or industrial uses, owned, or rented or leased on a month-to-month or term for years basis, by a person using such place, location or building as his or her permanent place of business. (b) “Itinerant vendor” shall mean and include:
(1)any person who has no established place of business within the boundaries of the City of Turlock and who is engaged in transient business traveling from place to place for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date; and
(2) any person who has obtained the proper City of Turlock permits and public/private permission to engage in a transient business in one location or set up a temporary location as provided by the Turlock Municipal Code for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date. (c) “Street vendor” shall mean and include any person who shall stand or park any vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables, or food stuffs are sold, displayed, or offered for sale or any lunch wagon or eating car or vehicle on any city street.
(d) “Person” shall mean and include natural persons, sole proprietorships, firms, associations, partnerships, or corporations.
(e) “Non-profit organization” shall mean and include any organization, foundation, corporation or association recognized by the State of California as a non-profit organization.
(f) “Temporary location” shall mean and include a location that may not be used in excess of seventy-two (72) hours in any consecutive thirty (30) day period. 5-17-03 Permits: Required: Exemptions: Exceptions.
(a) No person shall engage in any business whether individually or as the employee or agent of another person, firm, company, corporation, association, organization, or partnership as an itinerant vendor without first complying with all applicable requirements of Title 9, Chapter 2, of the Turlock Municipal Code (Zoning Regulations) and having obtained a permit from the Chief of Police.

3 (b) Exemptions: The following are expressly exempt from the provisions of this article:
(1) Qualified participants in a farmer’s market registered with the sponsoring organization approved from time to time by the City Council of the City of Turlock; (2) Merchants having an established place of business in the City of Turlock, or to their employees or agents;
(3) Wholesalers or their representatives, employees or agents, calling upon retail business.
(c) Non-profit organizations as recognized by the State of California are not required to obtain itinerant vendor or street vendor permits but shall register their itinerant vendor activity with the City of Turlock Police Department pursuant to Turlock Municipal Code Section 5-17-17.
5-17-04 Street vendors.
(a) Except as otherwise provided in this section, no street vendor shall operate within this City:
(1) at any permitted location for a period of time exceeding thirty (30) minutes and regardless of the length of time that vending occurred at any permitted location, shall not vend again for a period of twenty-four (24) hours within 1000 feet of such location;
(2) within 1000 feet of any park, playground, public recreation facility, or school property;
(3) within 50 feet of any intersection;
(4) in such a manner as to constitute a violation of Vehicle Code Section 22400 and 22507;
(5) on South First Street between Main Street and A Street; (6) in a City parking lot.
(b) Where a person or entity owns more than one vehicle, wagon, or pushcart subject to the provisions of this section, said person or entity shall not permit an additional vehicle, wagon, or pushcart owned by said person or entity to vend at any permitted location for a period of twenty-four (24) hours within 1000 feet of such a location when another vehicle, wagon, or pushcart owned by the same person or entity has already vended within that twenty-four (24) hour period at that permitted location.

4 (c) The provisions of this subsection shall not apply to persons delivering such articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution.
(d) It shall be unlawful for any person to own, lease, drive, operate, or cause or permit to be driven, or operate any food vending truck in the City of Turlock unless such person has obtained a permit pursuant to Section 5-17-05 of this Code, and submitted a motor vehicle liability insurance policy, covering each food vending truck, issued by a solvent corporation holding a certificate of authority to do insurance business in the State of California.
(e) Each vehicle operating under the provisions of this chapter and pursuant to the permit issued under Section 5-17-05 of this Code shall be equipped with a trash receptacle of a size sufficient to accommodate all trash and refuse generated by its vending activities.
(f) Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five (25') feet of such vehicle or any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator.
(g) Vendor shall not dispose of liquid or semi-solid or solid waste on City owned property and shall dispose of waste in compliance with the provisions of Turlock Municipal Code Section 6-4-118.
5-17-05 Permits: Applications.

Any person desiring to obtain an itinerant vendor or street vendor permit or desiring to obtain a permit for his or her employee or agent shall file a written application with the Chief of Police on the application form provided by the Police Department. Such application shall set forth the following information:
(a) The applicant’s name and address(es), both residential and business; (b) If the applicant is a corporation, the name of the corporation exactly as it appears in the articles of incorporation, as well as the names and addresses of all officers, directors and stock holders holding five (5%) percent or more of the stock in the corporation;

5 (c) If the applicant is a partnership or unincorporated association, the names and addresses of all partners, including limited partners, or principals. Additionally, if the applicant is a partnership, then it must designate a managing partner and that person must complete the application form;
(d) The applicant’s date of birth, weight, height, color of eyes and hair; (e) The name under which the itinerant vendor operates; (f) The name of each City, County and State, including the specific addresses therein, in which the applicant has been engaged in or has conducted itinerant vendor activity within the immediately preceding five (5) years;
(g) A statement of all felonies and misdemeanors for which the applicant has been convicted, including nolo contendere, within the five (5) years immediately preceding the date of the application;
(h) The applicant’s valid drivers license number;
(i) The applicant’s valid Social Security number;
(j) The type of permit requested (i.e. Owner, Operator or Employee). (k) Any and all other information requested by the Chief of Police to facilitate the processing of the application and to ensure that the public’s health, safety and general welfare is protected:
(l) A signed statement that the information contained in the application as submitted by the applicant is true to the best of the applicant’s knowledge under the penalty of perjury under the laws of the State of California.
5-17-06 Permits: Fees.

Any person desiring to obtain a permit shall pay to the City of Turlock, and submit along with the application referenced in Turlock Municipal Code Section 5-17-04, above, the fees established from time to time by resolution of the City Council of the City of Turlock for itinerant vendors.
5-17-07 Permits: Background police investigation: Temporary permits. (a) The Chief of Police shall conduct and complete an investigation of the truthfulness of the facts set forth in the application filed pursuant to Turlock Municipal Code Section 5- 17-04, above, and the moral fitness, reputation, character, integrity and competency of the applicant.

6 (b) The applicant shall report to the Turlock Police Station to be fingerprinted, the cost of which shall be borne by the applicant. A complete fingerprint background investigation through the California Department of Justice can take an estimated six (6) to sixteen (16) weeks to complete.
(c) The Chief of Police, within fifteen (15) days after the application is received, shall conduct a preliminary background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant.
(d) If the Chief of Police finds nothing in the preliminary background investigation which would indicate that the applicant’s moral, fitness, reputation, character, integrity or competency would pose a threat to the public safety, health or welfare, the Chief of Police may issue a ninety (90) day temporary permit while the complete fingerprint background investigation is being completed by the California Department of Justice pursuant to Turlock Municipal Code Section 5-17-06(b), above. To qualify for a temporary permit, the itinerant vendor (1) shall file a permit application pursuant to Turlock Municipal Code Section 5-17-04; (2) shall reside in Stanislaus County or a county contiguous to Stanislaus County; and (3) shall be subject to a background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant. If the complete fingerprint background investigation is not completed by the California Department of Justice on the expiration date of the ninety (90) day temporary permit, the Chief of Police may extend the expiration date by not more than sixty (60) days. 5-17-08 Permits: Issuance.

The Chief of Police shall grant and issue the permit for a period not to exceed one year and subject to the conditions established below and any other conditions that the Chief of Police establishes if the Chief of Police finds nothing in the preliminary background investigation or the complete fingerprint background investigation through the California Department of Justice which would indicate that the applicant’s moral, fitness, reputation, character, integrity or competency is not good or would pose a threat to the public safety, health or welfare.
5-17-09 Permits: Conditions to promote quality assurance.

The following conditions shall apply to each and every permit issued:
(a) The applicant must be eighteen (18) years or older or if the applicant is between the age of fourteen (14) and seventeen (17), inclusive, submit proof of a valid work permit issued by the applicant’s school;

7 (b) The applicant must not have been convicted within the five (5) years immediately preceding application for a permit for a crime involving honesty or veracity, violence, dangerous or deadly weapons, or not more than once during the same five (5) year period of the use or possession of narcotics or other such illicit substance; (c) The applicant must operate in accordance with the provisions and requirements of the laws of the United States of America, the State of California, the County of Stanislaus, and the City of Turlock;
(d) The applicant must operate in a courteous, honest and forthright manner which includes, but is not limited to, the following:
(1) Display his or her permit pursuant to Turlock Municipal Code Section 5-17-13 and upon request present it for review by the person the permittee is soliciting; (2) Refrain from soliciting those persons that have indicated that they do not want to be solicited, either orally or by the posting of a sign; (3) Do not threaten or coerce any person.
(e) The applicant must procure and present to the City of Turlock a bond in the penal sum of One Thousand and no/100ths ($1,000.00) Dollars;
(f) If the applicant proposes to operate on private property, he or she must first obtain zoning clearance from the City of Turlock Community Development Department, Planning Division, and shall comply and operate pursuant to all applicable zoning laws, regulations, and special conditions as administered by the City of Turlock Community Development Department by authority of the Turlock Municipal Code; (g) Any and all other conditions established by the Chief of Police or the City Manager, or his or her designee, on any one individual permit to ensure the public health, safety and general welfare.
5-17-10 Permits: Denial: Suspension: Revocation.
(a) Denial. The Chief of Police may deny the permit if it appears that:
(1) the applicant has been convicted, including a plea of nolo contendere, of a felony or misdemeanor involving moral turpitude under any State or Federal law; or
(2) there is any cause which, in the opinion of the Chief of Police, jeopardizes the public health, safety or general welfare.

8 (b) Suspension and Revocation. The Chief of Police is authorized to temporarily suspend or permanently revoke the permit of any person permitted under this chapter for any of the reasons that follow after five (5) days written notice to the permittee specifying the grounds for the proposed suspension or revocation and requiring the permittee to appear at a certain time and place to show cause why such permit should not be suspended or revoked:
(1) Non-compliance with any of the conditions established by Turlock Municipal Code Section 5-17-09.
(2) If it appears that the permittee has engaged in any unlawful business, act or acts.
(3) When any matter comes to the attention of the Chief of Police that the information provided in the permittee’s application was false. (4) When complaint(s) have been lodged against the permittee that same has threatened or jeopardizes the public health, safety or general welfare. 5-17-11 Permits: Appeal of the Chief of Police’s denial, suspension or revocation.
(a) Any permittee or applicant may appeal the decision of the Chief of Police to deny, suspend or revoke a permit to the City Manager, or his or her designee by submitting such appeal in writing within ten (10) days of the date of the denial, suspension or revocation.
(b) The City Manager, or his or her designee, shall set a date and time for a hearing not later than ten (10) days from the receipt of the written appeal on the appeal and give at least five (5) calendar days written notice thereof by mail addressed to the applicant’s permanent address as reflected in the application.
(c) At the hearing, which may be continued from time to time, the City Manager may take oral and documentary evidence from any interested person regarding the moral fitness, reputation, character, integrity and competency of the applicant or any other factors which were used by the Chief of Police in his or her reasonable judgment that resulted in the denial, suspension or revocation of a permit. Any applicant or permittee or applicant who fails to appear at the hearing after notice was given, without obtaining a continuance from the City Manager, or his or her designee, may be deemed to have waived any right to introduce evidence or object to the final decision of the City Manager, or his or her designee.
(d) If the applicant fails to appear at the time and place set for hearing, the City Manager will consider the matter resolved by the ruling of the Chief of Police.

9 (e) The City Manager, or his or her designee, shall make a ruling at the end of such hearing or within five (5) days thereafter to either:
(1) Uphold the decision of the Chief of Police in the denial, suspension or revocation of the permit;
(2) Overrule the decision of the Chief of Police and grant or reinstate the permit; (3) Amend the suspension length of the permit for any such period as may be deemed necessary and proper;
(4) Grant or reinstate the permit with additional conditions established thereto. 5-17-12 Permits: Appeal of the City Manager’s decision. (a) Any applicant may appeal the decision of the City Manager, or his or her designee, by filing such appeal with the City Clerk in writing within ten (10) days of the date of the City Manager’s decision.
(b) The City Clerk shall schedule a public hearing at next regularly scheduled City Council meeting in accordance with the calendar deadlines established by the City Clerk for placing an item on the City Council agenda. The City Clerk shall give at least five (5) calendar days written notice thereof by mail addressed to the applicant’s permanent address as reflected in the application.
(c) If the applicant fails to appear at the time and place set for hearing, the City Council will consider the matter resolved by the ruling of the City Manager, or his or her designee.
(d) If the applicant does appear, the applicant will have to show by clear and convincing evidence that the City Manager, or his or her designee, was incorrect in his or her ruling.
(e) The City Council shall have the power to concur with the ruling of the City Manager, or his or her designee, or reject the ruling and order the issuance of the permit. In either event, the decision of the City Council shall be the final administrative remedy available to the applicant.
5-17-13 Permits: Non-transferable.

Any permit issued pursuant to the provisions of this article shall be non-transferable and such shall be used only by the person to whom it has been issued. 5-17-14 Permits: Display.

10 (a) The permittee shall display his or her permit on his or her person at all times while engaged in any such business.
(b) The permittee shall also have in his or her possession written permission to be on and conduct business on such public or private property from the owner, or his or her authorized representative. The permittee shall, upon demand of any peace officer or fire inspector present such written permission.
5-17-15 Prohibited areas.
(a) Any permit issued pursuant to this article does not allow or authorize the permittee to operate on a public highway or road right of way nor does it allow the permittee to operate on public or private property without the prior written permission of the current owner, or his or her authorized representative.
(b) No area may be used for a use where such activity is prohibited by the Turlock Municipal Code.
5-17-16 Permit: Renewal.

Any permit issued pursuant to this Article may thereafter be renewed yearly by the applicant, if the permit has not been suspended or revoked, upon the applicant requesting same from the Chief of Police and paying in advance the renewal fee as established time to time by resolution of the City Council. 5-17-17 Registration requirements for those organizations exempted pursuant to Turlock Municipal Code Section 5-17- 03(b). (a) Any organization not required to obtain permits pursuant to Turlock Municipal Code Section 5-17-03(c) and engaged as itinerant vendors must nonetheless register their organization and participants with the City of Turlock Police Department prior to engaging in such activity.
(b) Registration pursuant to Turlock Municipal Code Section 5-17-17(a) must be made in writing at least five (5) days prior to the commencement of such activity and shall contain at least the following information:
(1) The name of the organization;
(2) The names of all itinerant vendors;
(3) The nature of the activity and the dates that same will be conducted;

11 (4) Any other such information that the Chief of Police may require to insure the public safety, health and general welfare.
5-17-18 Violation: Penalty.
(a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of the requirements of this article. Any person violating any of such provisions or failing to comply with any of such requirements of this chapter shall be guilty of a misdemeanor.
(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person and shall be punishable accordingly. (c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and may be summarily abated by the City, and shall be regarded as a new and separate offense. (d) Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine not to exceed One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
(e) Pursuant to California Government Code Section 38773.7, any person found in violation of the provisions of this chapter a second or subsequent time within a two-year period will be subject to treble damages, according to court order.

Section 2. REPLACED: Title 5, Chapter 17 is hereby added to read as follows:

Chapter 5-17 ITINERANT VENDORS
5-17-01 Findings.

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

For the purposes of this chapter, unless otherwise stated in this chapter, the following words and phrases are defined as follows:

12 (a) “Established place of business” shall mean and include a fixed place, location or building within the boundaries of the City of Turlock, zoned for residential uses with a valid City home occupation permit, or commercial, office, or industrial uses, owned, or rented or leased on a month-to-month or term for years basis, by a person using such place, location or building as his or her permanent place of business. (b) “Itinerant vendor” shall mean and include:
(1) any person who has no established place of business within the boundaries of the City of Turlock and who is engaged in transient business traveling from place to place for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date; and
(2) any person who has obtained the proper City of Turlock permits and public/private permission to engage in a transient business in one location or set up a temporary location as provided by the Turlock Municipal Code for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date. (c) Repealed.
(d)“Person” shall mean and include natural persons, sole proprietorships, firms, associations, partnerships, or corporations.
(e)“Non-profit organization” shall mean and include any organization, foundation, corporation or association recognized by the State of California as a non-profit organization.
(f) “Temporary location” shall mean and include a location that may not be used in excess of seventy-two (72) hours in any consecutive thirty (30) day period. 5-17-03 Permits: Required: Exemptions: Exceptions.
(a) No person shall engage in any business whether individually or as the employee or agent of another person, firm, company, corporation, association, organization, or partnership as an itinerant vendor without first complying with all applicable requirements of Title 9, Chapter 2, of the Turlock Municipal Code (Zoning Regulations) and having obtained a permit from the Chief of Police.
(b) Exemptions: The following are expressly exempt from the provisions of this article:

13 (1) Qualified participants in a farmer’s market registered with the sponsoring organization approved from time to time by the City Council of the City of Turlock; (2) Merchants having an established place of business in the City of Turlock, or to their employees or agents;
(3) Wholesalers or their representatives, employees or agents, calling upon retail business.
(c) Non-profit organizations as recognized by the State of California are not required to obtain an itinerant vendor permits but shall register their itinerant vendor activity with the City of Turlock Police Department pursuant to Turlock Municipal Code Section 5-17-17. 5-17-04 Street Vendors. Repealed.
5-17-05 Permits: Applications.

Any person desiring to obtain an itinerant vendor permit or desiring to obtain a permit for his or her employee or agent shall file a written application with the Chief of Police on the application form provided by the Police Department. Such application shall set forth the following information:
(a) The applicant’s name and address(es), both residential and business; (b) If the applicant is a corporation, the name of the corporation exactly as it appears in the articles of incorporation, as well as the names and addresses of all officers, directors and stock holders holding five (5%) percent or more of the stock in the corporation;
(c) If the applicant is a partnership or unincorporated association, the names and addresses of all partners, including limited partners, or principals. Additionally, if the applicant is a partnership, then it must designate a managing partner and that person must complete the application form;
(d) The applicant’s date of birth, weight, height, color of eyes and hair; (e) The name under which the itinerant vendor operates; (f) The name of each City, County and State, including the specific addresses therein, in which the applicant has been engaged in or has conducted itinerant vendor activity within the immediately preceding five (5) years;

14 (g) A statement of all felonies and misdemeanors for which the applicant has been convicted, including nolo contendere, within the five (5) years immediately preceding the date of the application;
(h) The applicant’s valid drivers license number;
(i) The applicant’s valid Social Security number;
(j) The type of permit requested (i.e. Owner, Operator or Employee). (k) Any and all other information requested by the Chief of Police to facilitate the processing of the application and to ensure that the public’s health, safety and general welfare is protected:
(l) A signed statement that the information contained in the application as submitted by the applicant is true to the best of the applicant’s knowledge under the penalty of perjury under the laws of the State of California.
5-17-06 Permits: Fees.

Any person desiring to obtain a permit shall pay to the City of Turlock, and submit along with the itinerant vendor application the fees established from time to time by resolution of the City Council of the City of Turlock for itinerant vendors. 5-17-07 Permits: Background police investigation: Temporary permits. (a) The Chief of Police shall conduct and complete an investigation of the truthfulness of the facts set forth in the itinerant vendors application filed pursuant this Chapter, and the moral fitness, reputation, character, integrity and competency of the applicant. (b) The applicant shall report to the Turlock Police Station to be fingerprinted, the cost of which shall be borne by the applicant. A complete fingerprint background investigation through the California Department of Justice can take an estimated six (6) to sixteen (16) weeks to complete.
(c) The Chief of Police, within fifteen (15) days after the application is received, shall conduct a preliminary background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant.
(d) If the Chief of Police finds nothing in the preliminary background investigation which would indicate that the applicant’s moral, fitness, reputation, character, integrity or competency would pose a threat to the public safety, health or welfare, the Chief of Police may issue a ninety (90) day temporary permit while the complete fingerprint

15 background investigation is being completed by the California Department of Justice pursuant to Turlock Municipal Code Section 5-17-06(b), above. To qualify for a temporary permit, the itinerant vendor (1) shall file a permit application pursuant to this Chapter; (2) shall reside in Stanislaus County or a county contiguous to Stanislaus County; and (3) shall be subject to a background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant. If the complete fingerprint background investigation is not completed by the California Department of Justice on the expiration date of the ninety (90) day temporary permit, the Chief of Police may extend the expiration date by not more than sixty (60) days. 5-17-08 Permits: Issuance.

The Chief of Police shall grant and issue the permit for a period not to exceed one year and subject to the conditions established below and any other conditions that the Chief of Police establishes if the Chief of Police finds nothing in the preliminary background investigation or the complete fingerprint background investigation through the California Department of Justice which would indicate that the applicant’s moral, fitness, reputation, character, integrity or competency is not good or would pose a threat to the public safety, health or welfare.
5-17-09 Permits: Conditions to promote quality assurance.

The following conditions shall apply to each and every permit issued:
(a) The applicant must be eighteen (18) years or older or if the applicant is between the age of fourteen (14) and seventeen (17), inclusive, submit proof of a valid work permit issued by the applicant’s school;
(b) The applicant must not have been convicted within the five (5) years immediately preceding application for a permit for a crime involving honesty or veracity, violence, dangerous or deadly weapons, or not more than once during the same five (5) year period of the use or possession of narcotics or other such illicit substance; (c) The applicant must operate in accordance with the provisions and requirements of the laws of the United States of America, the State of California, the County of Stanislaus, and the City of Turlock;
(d) The applicant must operate in a courteous, honest and forthright manner which includes, but is not limited to, the following:
(1) Display his or her permit pursuant to Turlock Municipal Code Section 5-17-13 and upon request present it for review by the person the permittee is soliciting;

16 (2) Refrain from soliciting those persons that have indicated that they do not want to be solicited, either orally or by the posting of a sign; (3) Do not threaten or coerce any person.
(e) The applicant must procure and present to the City of Turlock a bond in the penal sum of One Thousand and no/100ths ($1,000.00) Dollars;
(f) If the applicant proposes to operate on private property, he or she must first obtain zoning clearance from the City of Turlock Community Development Department, Planning Division, and shall comply and operate pursuant to all applicable zoning laws, regulations, and special conditions as administered by the City of Turlock Community Development Department by authority of the Turlock Municipal Code; (g) Any and all other conditions established by the Chief of Police or the City Manager, or his or her designee, on any one individual permit to ensure the public health, safety and general welfare.
5-17-10 Permits: Denial: Suspension: Revocation.
(a) Denial. The Chief of Police may deny the permit if it appears that:
(1) the applicant has been convicted, including a plea of nolo contendere, of a felony or misdemeanor involving moral turpitude under any State or Federal law; or
(2) there is any cause which, in the opinion of the Chief of Police, jeopardizes the public health, safety or general welfare.
(b) Suspension and Revocation. The Chief of Police is authorized to temporarily suspend or permanently revoke the permit of any person permitted under this chapter for any of the reasons that follow after five (5) days written notice to the permittee specifying the grounds for the proposed suspension or revocation and requiring the permittee to appear at a certain time and place to show cause why such permit should not be suspended or revoked:
(1) Non-compliance with any of the conditions established by Turlock Municipal Code Section 5-17-09.
(2) If it appears that the permittee has engaged in any unlawful business, act or acts.
(3) When any matter comes to the attention of the Chief of Police that the information provided in the permittee’s application was false.

17 (4) When complaint(s) have been lodged against the permittee that same has threatened or jeopardizes the public health, safety or general welfare. 5-17-11 Permits: Appeal of the Chief of Police’s denial, suspension or revocation.
(a) Any permittee or applicant may appeal the decision of the Chief of Police to deny, suspend or revoke a permit to the City Manager, or his or her designee by submitting such appeal in writing within ten (10) days of the date of the denial, suspension or revocation.
(b) The City Manager, or his or her designee, shall set a date and time for a hearing not later than ten (10) days from the receipt of the written appeal on the appeal and give at least five (5) calendar days written notice thereof by mail addressed to the applicant’s permanent address as reflected in the application.

At the hearing, which may be continued from time to time, the City Manager may take oral and documentary evidence from any interested person regarding the moral fitness, reputation, character, integrity and competency of the applicant or any other factors which were used by the Chief of Police in his or her reasonable judgment that resulted in the denial, suspension or revocation of a permit. Any applicant or permittee or applicant who fails to appear at the hearing after notice was given, without obtaining a continuance from the City Manager, or his or her designee, may be deemed to have waived any right to introduce evidence or object to the final decision of the City Manager, or his or her designee.
(c) If the applicant fails to appear at the time and place set for hearing, the City Manager will consider the matter resolved by the ruling of the Chief of Police. (d) The City Manager, or his or her designee, shall make a ruling at the end of such hearing or within five (5) days thereafter to either:
(1) Uphold the decision of the Chief of Police in the denial, suspension or revocation of the permit;
(2) Overrule the decision of the Chief of Police and grant or reinstate the permit; (3) Amend the suspension length of the permit for any such period as may be deemed necessary and proper;
(4) Grant or reinstate the permit with additional conditions established thereto. 5-17-12 Permits: Appeal of the City Manager’s decision.