ELEMENT 7 – SEWER PIPE BLOCKAGE CONTROL PROGRAM
SANITARY SEWER MANAGEMENT PLAN 36 JULY 2025
CITY OF TURLOCK
collection, storage, disposal or treatment cost. Solids or viscous substances in amounts which will cause obstruction to the flow in the POTW resulting in Interference.
7.2.2.2 Requirement of grease removal device.
Turlock Municipal Code § 6-4-306(a) requires a grease removal device for every commercial or industrial generator of grease.
Interceptors shall be installed when, in the judgment of the Director, they are necessary for the proper handling of liquid wastes containing grease, flammable wastes, sand, oil, solids, acid or alkaline substances, or other ingredients harmful to the building drainage system, the sewer system, or private sewer facilities. The design, capacity, and installation of all Interceptors shall be approved by the Director.
The business is required to maintain a log of all grease removal and interceptor cleaning with appropriate manifests. The log must be available for inspection upon request.
7.2.2.3 Enforcement.
The ordinance includes enforcement measures for violations of any sewer protection measure, including grease discharge. The City’s enforcement measures are extensive and range from the issuance of a notice of non-compliance to service termination, to criminal penalties. The following is an excerpt from Turlock Municipal Code Section 6-4-1403.
(a) General. The City may refuse to furnish sewer service and may discontinue or terminate sewer service to any premises where the material discharged from the premises is found by the Director to be detrimental or injurious to the sewer system or to other premises or where the Director finds that negligent or wasteful use of water exists at any premises which adversely affects the sewer system. The City has the right to refuse, disconnect, or terminate sewer service to any premises, if the Director determines the action is necessary, to protect the City against abuse or fraud.
7.2.3 Facility Inspection
To better implement the City’s legal authority related to grease interceptors, the City’s Environmental Compliance Inspector (ECI) established a proactive grease interceptor maintenance program in 2006. The program includes an inventory of all grease interceptors in Turlock that includes information such as: business address, location of interceptor on site, interceptor capacity, contact information, and any additional information. Businesses are required to clean out the grease interceptor at an interval determined by the ECI, typically quarterly, semi-annually
ELEMENT 7 – SEWER PIPE BLOCKAGE CONTROL PROGRAM
SANITARY SEWER MANAGEMENT PLAN 37 JULY 2025
CITY OF TURLOCK
or annually. Interceptors are inspected based upon the objective criteria contained in the City of Turlock’s “Grease Interceptor Servicing Guidelines” outlined below:
A grease interceptor shall require cleaning whenever:
a. grease accumulation in the primary compartment reaches a depth in excess of five (5) inches, or,
b. grease accumulation in the secondary compartment reaches a depth in excess of three (3) inches, or,
c. cooking oil accumulation in the final compartment reaches a depth in excess of six (6) inches, or
d. bottom sediment depth is in excess of twelve (12) inches or in any amount which causes the piping within the unit to clog, or, e. effluent contains grease and / or cooking oil in excess of three hundred (300) parts per million.
When an inspection reveals that the business is failing to comply with the Guidelines, a “Notice of Non-Compliance” is served which outlines the deficiencies and a time schedule for compliance. The facility contact must sign an acknowledgement of receiving the Notice of Non-Compliance and a follow-up inspection is arranged to verify compliance.
Inspections are prioritized based on the severity of the grease problem at the restaurant and the cleaning frequency of the particular interceptors. The Sewer Pipe Blockage Control Program currently employs two Environmental Compliance Inspectors to implement the inspection and enforcement program: Kevin Van Patten (full-time) and Daniel Martinez (part-time). The City will continue to conduct inspections and determine the need for additional source control measures within its service area.
7.3 Public Outreach
The City produces a number of brochures and door-hangers to educate the public about how to prevent spills. The public education materials are focused on two main topic areas:
1. Stop the Clog (fats, oil and grease)
2. Don’t Flush That! (general information on avoiding sewer plugs) Utilities maintenance staff distributes these materials in neighborhoods or at businesses that have a history of sewer blockages. The materials are available in both English and Spanish. The information is mailed periodically in the City’s utility bills and information regarding pipe-blocking substances is available on the City’s website at:
https://ci.turlock.ca.us/watersewergarbageservice/garbageservices/disposalofhar mfulitems/
ELEMENT 7 – SEWER PIPE BLOCKAGE CONTROL PROGRAM
SANITARY SEWER MANAGEMENT PLAN 38 JULY 2025
CITY OF TURLOCK
FOG- Fats, Oils and Grease: Stop the Clog
En Espanol
The build-up of fats, oils and grease— which include cooking oils, salad dressings, sandwich spreads, meat juices, meat fat and other similar products— eventually results in sewer backups that can spill onto streets and even into the home, damaging properties and the environment. Remember that every household plays an important role in preventing neighborhood sewer blockages.
You can do your part by properly disposing of fats, oils and grease. • Never pour fats, oils and grease down the sink or garbage disposal. • Before washing, scrape and dry wipe pots, pans and dishes with paper towels and dispose of materials in the trash.
• Pour fats, oils and grease after it has cooled into a container, such as an empty glass jar or coffee can. Once the container is full, secure the lid and place it in the trash.*
• Use sink strainers to catch food items, then empty the strainer into the trash.
• For larger volumes, contact the City of Turlock’s Municipal Services for recycling options.
For more information contact Municipal Services at (209) 668-5590.
Figure 7-1: Sample Public Outreach Doorhangers
ELEMENT 7 – SEWER PIPE BLOCKAGE CONTROL PROGRAM
SANITARY SEWER MANAGEMENT PLAN 39 JULY 2025
CITY OF TURLOCK
ELEMENT 8 – SYSTEM EVALUATION, CAPACITY ASSURANCE
AND CAPITAL IMPROVEMENTS
SANITARY SEWER MANAGEMENT PLAN 40 JULY 2025
CITY OF TURLOCK
8 SYSTEM EVALUATION, CAPACITY ASSURANCE AND
CAPITAL IMPROVEMENTS
This section of the SSMP discusses the City’s capacity management measures, including the City’s planning process for addressing sewer capacity as well as recommended capacity improvement projects.
The 2022 SSS WDR requires that the City prepare and implement a capital improvement plan that will provide hydraulic capacity of key sewer system elements under wet and dry weather peak flow conditions. This plan must include:
• Routine evaluation and assessment of system conditions; • Capacity assessment and design criteria;
• Prioritization of corrective actions; and
• A capital improvement plan.
8.1 System Evaluation
8.1.1 Best Practices and New Technology
The City currently utilizes closed-circuit television (CCTV) technology to conduct internal inspections of sewer pipelines. CCTV inspections support proactive maintenance and condition assessment efforts, and also inform rehabilitation decisions based on observed structural integrity and flow conditions.
Crews follow a standardized inspection procedure and document findings in the City’s asset management system. Observations from maintenance activities, such as excessive debris or root intrusion, are used to trigger additional inspection. If visual evidence of cracking, offset joints, or I/I is identified, segments are flagged for evaluation. The City also employs acoustic inspections and flow monitoring in select locations to supplement visual assessments, particularly in areas with limited accessibility or high inflow concerns.
8.1.2 Condition Assessment
The City of Turlock owns and operates approximately 232 miles of gravity sewer pipelines. The City's goal is to inspect the entire system on a recurring cycle, targeting approximately 75,000 lineal feet (14 miles) per year. Areas with known structural concerns, frequent maintenance needs, or environmental sensitivity are subject to more frequent inspections, including annual or semi-annual CCTV evaluation.
The City prioritizes condition assessments based on a combination of risk and environmental factors. Areas near surface waters, steep terrain, or high
ELEMENT 8 – SYSTEM EVALUATION, CAPACITY ASSURANCE
AND CAPITAL IMPROVEMENTS
SANITARY SEWER MANAGEMENT PLAN 41 JULY 2025
CITY OF TURLOCK
groundwater elevations are inspected more frequently due to their vulnerability to infiltration and structural instability. Priority is also given to segments located near environmentally sensitive areas or water bodies identified on the Clean Water Act Section 303(d) List for bacterial impairment. In addition, pipelines with a known history of structural failure, blockages, or sanitary sewer overflows are flagged for increased inspection frequency. Infrastructure age, material type, and results from past CCTV or maintenance findings further inform the prioritization process.
8.1.3 Recordkeeping
All CCTV and acoustic inspection data are logged in the City’s maintenance database. The system captures segment location, inspection date, pipe material, structural condition rating, and observed defects. Identified issues are referred to the engineering team, who maintains a spreadsheet of high-priority segments for follow-up action. Repair or replacement projects are tracked in the City’s Capital Improvement Program and prioritized based on structural condition, risk of failure, and potential environmental or public health impacts.
8.1.4 Climate Change Vulnerability
As part of its system evaluation efforts, the City has begun identifying infrastructure vulnerable to climate-related stressors. These include pipelines near flood-prone areas, streams subject to erosion, or zones with increasing inflow from extreme weather. Future condition assessment updates will incorporate these risks to inform CIP planning and ensure long-term system resilience.
8.2 Capacity Evaluation
The City completed a Sanitary Sewer System Master Plan (Master Plan) in October 2013. The Master Plan provides a citywide assessment of the wastewater collection system under existing and buildout conditions. The Master Plan replaced prior localized evaluations with a unified, data-driven approach to identify system capacity constraints and recommend phased improvements through 2030.
As part of the 2013 Master Plan, the City developed a hydraulic model of its sewer system using H2OMAP SWMM (v12.0) by Innovyze, a dynamic modeling platform based on the EPA SWMM engine. The model was skeletonized to include pipelines 10 inches in diameter or larger, along with selected smaller sewers necessary for connectivity. In total, the modeled system includes 79 miles of sanitary sewer, 24 lift stations, and all critical system components such as junctions, force mains, pumps, outfalls, and subcatchments. The model was calibrated to meet international standards established by the Wastewater Planning Users Group.
The capacity analysis identified select locations, particularly along the North Interceptor, where surcharging could occur under peak conditions. These areas
ELEMENT 8 – SYSTEM EVALUATION, CAPACITY ASSURANCE
AND CAPITAL IMPROVEMENTS
SANITARY SEWER MANAGEMENT PLAN 42 JULY 2025
CITY OF TURLOCK
were the focus of recommended improvements, including pipe upsizing, interceptor realignment, and construction of a new headworks facility at the TRWQCF. Another finding noted that there is significant inflow in the downtown area of the City due to storm drainage inlets that are connected to the sanitary sewer. These storm drains connections can cause large flow spikes at the Turlock RWQCF during rainfall events. The capacity analysis of the wastewater collection system indicates that the City’s collection system is not capable of conveying peak flows within the specified criteria during the 10-year, 24-hours design storm.
Since 2013, Turlock has worked on eliminating stormwater diversions into the sewer and canal systems. These efforts are embedded in state permit compliance, municipal ordinances (2014), and the 2030 General Plan policies, and through ongoing BMPs and infrastructure projects. The City is committed both in rule and in action, and future capital plans continue this work.
The Master Plan also highlights the importance of eliminating direct stormwater connections in the downtown area and prioritizing aging infrastructure for rehabilitation. Its findings continue to inform the City’s Capital Improvement Plan, which phases projects through 2030 based on capacity needs, environmental risk, and development projections. Going forward, the City’s planning efforts will also incorporate climate change considerations, such as increased I/I from highintensity storm events, flooding, or erosion.
8.3 Rehabilitation and Replacement Program and the CIP
8.3.1 Rehabilitation and Replacement Program
The City’s goal is to inspect the condition of its gravity sewers on a five-year cycle. This information is used as the basis for the rehabilitation and replacement program. The information gathered during the condition assessment is used to select individual gravity sewers for repair/rehabilitation/replacement.
The City plans annual projects for rehabilitation and replacement of its sanitary sewer system. Every year, the City’s Capital Improvement Program is reviewed and updated, as necessary to ensure the most critical projects are addressed first.
Adequate funds are budgeted each fiscal year to accommodate any sewer line replacement projects and repairs. The budgets for sewer line replacement projects from 2022 through 2025 are shown in Table 8-1.
The funds that support the Capital Improvement Program come from the City’s Sewer Fund. The sewer fund is an enterprise fund and sewer fees are established to meet projected needs.
ELEMENT 8 – SYSTEM EVALUATION, CAPACITY ASSURANCE
AND CAPITAL IMPROVEMENTS
SANITARY SEWER MANAGEMENT PLAN 43 JULY 2025
CITY OF TURLOCK
Table 8-1: City of Turlock Budget for Sewer Lines Per Fiscal Year Project Title 22/23 23/24 24/25
Sewer Line
Replacement Projects
$1,006,265 $85,000 $565,000
8.3.2 Capital Improvement Plan
The City of Turlock’s Capital Improvement Plan (CIP), as presented in the 2013 Master Plan, outlines a phased approach to address both existing capacity deficiencies and projected future growth through the year 2030 and beyond. The CIP builds upon the findings of the hydraulic modeling and capacity evaluations and prioritizes investments in infrastructure to reduce risk, support development, and improve overall system performance.
8.3.2.1 CIP Development and Cost Estimates
The CIP was developed based on the results of the hydraulic model and capacity assessments under existing and build-out flow conditions. Opinion-level cost estimates were prepared for each project using unit costs derived from bid tabulations, industry-standard cost curves, and historical data from similar projects. In accordance with the Association for the Advancement of Cost Engineering, these are Order of Magnitude estimates, expected to be accurate within ±30–50%, and are suitable for master planning purposes.
Total capital costs for sanitary sewer system improvements—including projects to remove storm drain connections—are estimated at $70.8 million. These costs are based on the Engineering News Record Construction Cost Index of 821 (San Francisco, March 2013, base year 1967).
Table 8-2: Capital Improvements Cost Summary
Project Phasing Cost for Existing
Users ($M)
Cost for Future
Users ($M) Total ($M)
Phase 1 (2013–2015) 8.6 5.1 13.7
Phase 2 (2016–2020) 8.4 19.6 28.0
Phase 3 (2021–2025) 0.0 9.8 9.8
Phase 4 (2026–2030) 3.1 11.7 14.8
Phase 5 (Post 2030) 0.0 4.5 4.5
Total 20.1 50.7 70.8
ELEMENT 8 – SYSTEM EVALUATION, CAPACITY ASSURANCE
AND CAPITAL IMPROVEMENTS
SANITARY SEWER MANAGEMENT PLAN 44 JULY 2025
CITY OF TURLOCK
Note: Sewer system costs include associated storm drainage improvements required to eliminate cross connections between the storm drain and sanitary sewer systems.
8.3.2.2 Prioritization and Implementation Strategy
The CIP phases projects based on:
• Urgency of existing deficiencies, such as areas prone to surcharging or with inadequate wet weather capacity.
• Storm drain cross-connection removal, especially in downtown areas where these connections significantly increase inflow.
• Growth-related needs, including new trunk sewers and lift stations to support development in areas such as Morgan Ranch, the SE Master Plan areas, and the Turlock Regional Industrial Park.
The highest priority improvements are those that correct existing deficiencies and reduce the risk of SSOs. Phase 1 and 2 focus heavily on storm drainage separation and upgrades to critical infrastructure such as Lift Station 50 and ESS-1 to ESS-3 pipeline replacements. Later phases (Phases 3 to 5) primarily address build-out infrastructure, including large-diameter trunk sewer expansions and new lift stations serving future growth areas.
All future-user-serving infrastructure is sized for ultimate build-out conditions, avoiding the need for premature replacement or parallel system upgrades. Project cost allocations between existing and future users were determined using hydraulic modeling results and flow projections, with a total of $20.1 million allocated to existing users and $50.7 million to future users.
The City annually approves its Capital Improvement Projects Budget, which lays out funding for the upcoming Fiscal Year. The City’s planned projects based on its most recent 5-year CIP, which include estimated time of completion, is available on the City’s website: https://www.cityofturlock.org/_pdf/files/CIP5YearPlan.pdf. .
ELEMENT 9 – MONITORING, MEASUREMENT, AND PROGRAM
MODIFICATIONS
SANITARY SEWER MANAGEMENT PLAN 45 JULY 2025
CITY OF TURLOCK
9 MONITORING, MEASUREMENT AND PROGRAM
MODIFICATIONS
To assess the effectiveness of its SSMP, the City of Turlock is required to keep track of its SSMP-related activities. Further, by monitoring the performance of its wastewater collection systems, the City is better able to make changes to the SSMP as appropriate.
The 2022 SSS WDR requires that, at a minimum, wastewater collections agencies:
• Maintain relevant information, including audit findings, to establish and prioritize appropriate Plan activities;
• Monitor the implementation and measure the effectiveness of each Plan Element;
• Assess the success of the preventive operation and maintenance activities; • Update SSMP procedures and activities, as appropriate, based on results of monitoring and performance evaluations; and
• Identify and illustrate spill trends, including spill frequency, locations and estimated volumes.
9.1 Monitoring and Measurement Discussion
As noted in Element 4 – O&M Program, Element 6 – Spill Emergency Response Plan, and Element 7 – Sewer Pipe Blockage Control Program, the City tracks several performance measures that allow for an analysis of the wastewater collection system. For instance, the O&M Program includes paper and electronic data (including CCTV footage) of the City’s maintenance program. Similarly, the City keeps a log of all sewer stoppages and uses that information to adjust its various cleaning schedules. Finally, in responding to spills, data is collected and analyzed to evaluate potential trends in spills.
Through its various data collection methods and reports, the City compiles a significant amount of data on the wastewater collections system, including but not limited to: number, cause and location of stoppages; number, cause, location, and volume of spills; stoppage response time; number and reason for customer complaints; location and length of pipe cleaned, type of debris found; and, CCTV records of inspections.
In order to monitor the effectiveness of the SSMP, the City has selected specific parameters that can be documented in a simple format. These parameters were selected because they are straightforward, quantitative, and are results-oriented.
Although the parameters may not track everything associated with SSMP implementation, changes in these parameters over time indicate the overall success of the SSMP or, conversely, underlying problems that can then be investigated further.
ELEMENT 9 – MONITORING, MEASUREMENT, AND PROGRAM
MODIFICATIONS
SANITARY SEWER MANAGEMENT PLAN 46 JULY 2025
CITY OF TURLOCK
Table 9-1 lists each SSMP element, the overall purpose of the SSMP element, and the specific parameters that the City tracks to evaluate the effectiveness of the SSMP.
Table 9-1: SSMP Monitoring Parameters, By SSMP Element
SSMP Element Summary of Element Purpose Parameters for
Tracking
Effectiveness
Goal and
Introduction
Establish priorities of City and provide
focus for City staff
None needed
Organization Document organization of City staff and
chain of communication for spill
response
None needed
Spill Emergency
Response Plan
Provide timely and effective response to
spill emergencies and comply with
regulatory reporting requirements.
Average and maximum
response time
Percent of total spill volume
contained or returned to
sewer.
Reports completed in a
timely manner
Sewer Pipe
Blockage Control
Program
Minimize blockages and spills due to
sewer pipe blocking substances
Number of blockages due
to pipe blocking substances
Number of spills due to pipe
blocking substances
Length of sewer line
cleaned in pipe blocking
substances -prone areas
Number of pipe-blocking
substances producing
facilities inspected
Public outreach conducted
Legal Authority Ensure the City has sufficient legal
authority to properly maintain the system
None needed
System Evaluation
and Condition
Assessment
Minimize blockages and spills by
properly maintaining the system and
keeping the system in good condition
Total number and volume
of spills
Number of repeat spills
(same location as any
previous spill, regardless of
year of occurrence)
Total number of mainline
blockages
ELEMENT 9 – MONITORING, MEASUREMENT, AND PROGRAM
MODIFICATIONS
SANITARY SEWER MANAGEMENT PLAN 47 JULY 2025
CITY OF TURLOCK
9.2 SSMP Modifications
The SSMP needs to be updated periodically to maintain current information, and programs need to be enhanced or modified if they are determined to be less effective than needed. The City will review the successes and needed improvements of the SSMP as part of the SSMP Internal Audit, described in Element 10. City staff will update critical information, such as contact numbers and the spill response chain of communication, as needed. A comprehensive SSMP update will occur every six (6) years, as required by the 2022 SSS WDR.
Number of pump station
failures
Number of pipe failures
Length of pipe cleaned
Length of pipe CCTV’d
Design Criteria Ensure new facilities are properly
designed and constructed
None needed
Capacity
Assessment
Minimize spills due to insufficient
capacity by evaluating system capacity
and implementing necessary projects
Number of spills due to
capacity limitations or wet
weather
Progress on completion of
Sewer Master Plan and
capacity evaluation
Number of CIP and other
repair / replacement
projects completed
Prioritization of
Corrective Action
Findings of the condition assessments
and capacity assessments must be used
to prioritize corrective actions.
None needed
Capital
Improvement Plan
Includes project schedules with
completion dates, funding sources, and
coordination among operations,
engineering, and external utility
agencies throughout project planning,
design, and construction.
None needed
Monitoring,
Measurement, &
Program
Modifications
Evaluate effectiveness of SSMP, keep
SSMP up-to-date, and identify
necessary changes
None needed
Internal Audits Formally identify SSMP effectiveness,
limitations, and necessary changes on
an annual basis
Date of completion of last
audit
Communication
Program
Communicate with the public and
satellite agencies.
None needed
ELEMENT 10 – INTERNAL AUDITS
SANITARY SEWER MANAGEMENT PLAN 48 JULY 2025
CITY OF TURLOCK
10 INTERNAL AUDITS
A periodic audit of the SSMP is necessary to ensure that all programs associated with the SSMP are being implemented and managed properly. The outcome of the audits provides valuable information to the City about challenges and successes in implementing its SSMP. Furthermore, the audit can be used to identify program changes that may be necessary to ensure effective implementation.
Per requirements in the 2022 SSS WDR, these audits occur once every three (3) years with a report being submitted to CIWQS by the Legally Responsible Official within six (6) months after the end of the three-year period.
The audit focuses on evaluating the effectiveness of the SSMP and the City’s compliance with the SSMP requirements, including identification of any deficiencies in the SSMP and steps to correct them. Results from the audits are used to conduct future SSMP updates which are to take place every six (6) years.
The City’s most recent audit was conducted in early 2025, by a contracted third party. The audit reviewed the City’s SSMP, which had last been updated in 2020 and evaluated each element against the requirements in the 2022 SSS WDR, pointing out sections that needed to be updated to reflect current City practices and meet new regulatory requirements. The audit also analyzed historical spill data and developed tables and graphs based on cause and volume of spills.
These metrics were analyzed to evaluate trends and the effectiveness of the SSMP over time.
.
ELEMENT 11 – COMMUNICATIONS PROGRAM
SANITARY SEWER MANAGEMENT PLAN 49 JULY 2025
CITY OF TURLOCK
11 COMMUNICATIONS PROGRAM
The SSMP is a public document that requires two-way communication between the City and its customers to ensure that the SSMP is implemented effectively.
The 2022 SSS WDR requires that each wastewater collection system agency:
• Communicate on a regular basis with the public on spills and discharges resulting in closures of public areas, or that enter a source of drinking water and the development, implementation, and performance of its SSMP; and • Communicate with owners/operators of systems that connect into the Enrollee’s system, including satellite systems, regarding system operation, maintenance, and capital improvement-related activities.
11.1Communication with the Public
The City maintains a website (https://ci.turlock.ca.us/) to inform the public about City activities. The City’s website is an effective communication channel for providing alerts and news to the public. The main page of the website provides important announcements, agendas and minutes for City Council meetings, and other key information for City residents.
Various public works documents are published on the City’s public works department page of the website, including wastewater-related issues. For instance, the sewer & wastewater section of the website (https://ci.turlock.ca.us/watersewergarbageservice/sewerwastewater/) contains information on the City’s wastewater collection system as well as educational materials on how to protect the system from spills. Further, the “Go Green” section of the City’s website (https://ci.turlock.ca.us/specialevents/gogreenweek/) also provides information on wastewater pollution prevention.
The City will publish its SSMP on the City website. The completed SSMP will be certified by the City Council during a public city council meeting. The City will also use the website to notify the public of important upcoming activities related to sewer system management.
The City reports spills electronically to the CIWQS database. The electronic spill data, as well as information regarding regulatory actions, is available at:
http://www.waterboards.ca.gov/ciwqs/publicreports.html
The City will direct interested parties to the CIWQS public access website.
In the event of a spill, the City notifies Stanislaus County Environmental Health and other agencies as described in Element 2 of the SSMP. Signage is posted at all locations where public health may be impacted by the spill, indicating closures (if applicable).
ELEMENT 11 – COMMUNICATIONS PROGRAM
SANITARY SEWER MANAGEMENT PLAN 50 JULY 2025
CITY OF TURLOCK
11.2Communication with Owners/ Operators
As previously noted, the Turlock RWQCF receives wastewater inflow from the City as well as Keyes, Denair and Ceres. The City maintains communication with the owners/operators of systems that connect into the City’s system via phone, email, and in person for system operation, maintenance and capital improvement-related activities on an as-needed basis. In addition, the City’s Water Quality Department holds annual meetings with the City of Ceres, Denair and Keyes.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-1 JULY 2025
CITY OF TURLOCK
Municipal Services Department - Utility Maintenance Division Spill Emergency Response Plan
PURPOSE AND SCOPE
The purpose of this Spill Emergency Response Plan (SERP) is to provide procedures for the Municipal Services Department, Utilities Division to respond to City of Turlock spills. The SERP was updated in August 2025 according to requirements stipulated in the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. WQ 2022-0103-DWQ (2022 SSS WDR), which was issued on December 6, 2022, and effective June 5, 2023. This order supersedes Order No. 2006-0003-DWQ and its 2013 amendments (Order No. WQ 2013-0058-EXEC).
Goals:
1. Protect public health and safety,
2. Prevent adverse impacts to the environment, waterways of the state, and their beneficial uses, and
3. Achieve timely and expeditious response to reports of all potential spills.
Objectives:
1. Minimize adverse impacts of spills,
2. Ensure corrective action is taken in a timely manner,
3. Ensure compliance with current regulatory requirements, and
4. Provide uniform, clear, and consistent spill response.
This is a living document and will be updated by the Municipal Services Director and the Utilities Manager. The effectiveness of the SERP and review of the plan will be conducted on an annual basis with revisions completed as necessary to ensure compliance with all current and future regulatory requirements.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-2 JULY 2025
CITY OF TURLOCK
CITY OF TURLOCK – SPILL EMERGENCY
RESPONSE PLAN
SECTION
1. Acronyms and Definitions
2. Spill Response Field Procedures Flow Chart
3. Spill Response Procedures
4. Spill Categories and Notification Guide
5. Spill Resource Guide
6. Spill Flow Estimation Chart
7. Flow Estimation Picture Charts
8. Spill Report Form
9. Hazardous Spill Reporting Form
10. Emergency Release Follow-up Report Form
11. Flooded Structure Report (Sanitary Sewer Only)
12. Sampling Procedures and Flow Chart
13. Sewer Lift Station Emergency Generator Connection Procedure
14. Open Purchase Orders
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-3 JULY 2025
CITY OF TURLOCK
1 Acronyms and Definitions
Acronyms
CCTV: Closed Circuit Television
CIWQS: California Integrated Water Quality System
CMMS: Computer Maintenance Management System
CMO: Communication and Media Office
CMOM: Capacity, Management, Operation and Maintenance
CSDFG: California State Department of Fish and Game
ECI: Environmental Compliance Inspector
EHD: Environmental Health Division
EPA: Environmental Protection Agency
F&G: Fish and Game
FOG: Fats, Oils and Grease
I/I: Inflow and/or Infiltration
O&M Operation & Maintenance
NPDES: National Pollutants Discharge Elimination System CalOES: California Office of Emergency Services
Pre-checker: Stand-by person or first person from Utilities Division to respond RWQCB: Regional Water Quality Control Board
SERP: Spill Emergency Response Plan
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-4 JULY 2025
CITY OF TURLOCK
Term Definitions
Exfiltration: The underground leakage of sewage from a sanitary sewer system through cracks, offset or separated joints, or failed infrastructure due to corrosion or other factors.
Infiltration: The water entering a sewer system and service connections from the ground, through means including, but are not limited to, defective pipes, pipe joints, connections, or maintenance hole walls.
Inflow: Water (mainly runoff) discharged to a sewer system, including service connections, from sources including but not limited to the following; roof leaders, cellar, yard and area drains, crushed laterals, foundation drains, cooling water discharge, drains from springs and swampy areas, or maintenance hole covers.
Spill: A discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Exfiltration of sewage is not considered to be a spill under Order No. WQ 2022-0103-DWQ if the exfiltrated sewage remains in the subsurface and does not reach a surface water of the State.
Stoppage: Any obstruction in the sewer that impacts the flow of wastewater, also referred to as blockage.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-5 JULY 2025
CITY OF TURLOCK
2 Spill Response Field Procedures Flow Chart
Event Start
Yes No
PD Dispatch Control 4
Prechecker / Supervisor
Prechecker / Supervisor
Notify Utilities Manager
Note: Utilities Manager must notify CalOES
(800) 852-7550 within 2 hours of becoming aware of spill (for spills of 1,000 gallons of greater that enter or threaten to enter surface water or groundwater)
Prechecker / Supervisor
Investigate and Assess
Public Main Private Lateral
Prechecker / Supervisor
Investigate and Assess
Prechecker/Supervisor/Crew
Traffic Control
O&M Supervisor
Final Volume Estimation
Crew
Correct Cause
Prechecker/Supervisor/Crew
Contain SSO
Supervisor
Complete SSO Documentation
Env. Compliance Inspector
Sample Receiving Water for ammonia and total
coliform within 18 hours of becoming aware of
the spill if 50,000 gallons or greater enter the TID
Laterals 3, 4, or 5, or a stormwater basin
Crew
Initiate Clean-up
O&M Supervisor
Complete and Process
Closure Reports
Prechecker/Supervisor/Crew
Traffic Control
Prechecker/Supervisor/Crew
Contain SSO
Crew
Correct Cause
Crew
Initiate Clean-up
Supervisor
Complete SSO Documentation
During
normal
business
hours?
Is the
SSO
from a:
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-6 JULY 2025
CITY OF TURLOCK
3 Spill Response Procedures
The Utilities Maintenance Division has developed the following procedures for responding to spills. The purpose of these procedures is to ensure that all spill responses are handled efficiently and effectively and that all regulatory requirements are met. Utilities Maintenance Division staff is required to know and follow these procedures. These procedures are summarized in the Spill Flow Chart under Section 2 of this document and are also presented in detail below.
Collaboration with other divisions within the Municipal Services Department further allows the City to respond to emergencies including spills.
3.1 Initial Investigation (Pre-checker/Supervisor)
Pre-checker or supervisor performs a quick investigation and assessment of the spill and takes pictures of the spill and surrounding area to determine the extent of the spill, what additional O&M resources will be needed, and if notification of other agencies is required at that time.
Sections 4 through 7 are provided as resources.
A. Locate spill by address, cross street and point of spill (i.e., maintenance hole, cleanout, pump station, pipe, inside structure)
B. Determine the current magnitude of the spill.
Flooded structure (refer to Section 4)
Storm water inlet or drainage way
Potential for public exposure
Related problems
a. Is spill related to a street collapse?
b. Is spill related to construction work?
c. Is spill causing a traffic hazard such as displaced maintenance hole cover or street flooding?
Provide initial estimate of spill rate using pictures and tables (refer to Section 6 and Section 7).
The Pre-checker/Supervisor should immediately contact the Utility Manager for all spills that reach or threaten to reach surface water or groundwater. The Utility Manager or designated representative will report spills to the California Office of Emergency Services (CalOES) at (800) 852-7550 within two (2) hours of becoming aware of the spill, and will receive an OES Control Number. See Section 4 for reportable spills.
C. If 50,000 gallons or more enter or threaten to enter the Turlock Irrigation District (TID) Laterals 3, 4, or 5 or stormwater basin, sample receiving water. At a minimum, samples should be taken at the entry point, a point upstream of the entry point, and at least one point downstream of the
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-7 JULY 2025
CITY OF TURLOCK
entry point where the spill is expected to be fully mixed with the receiving water. If the receiving water cannot be safely sampled, a sample can be taken from the conveyance system (i.e., stormwater drain).
1. Call the Environmental Compliance Inspector to obtain and handle samples (see Section 5 and Section 12);
2. If Environmental Compliance Inspector is not able to respond, use trained O&M personnel to obtain sample (see Section 12);
3. Contact lab personnel and transport sample to laboratory for analysis along with appropriate paper work (refer to Section 5).
D. Begin initial Computer Maintenance Management System (CMMS) documentation and start Spill Field Report Form (Section 8).
3.2 Traffic Control (O&M Crew and/or Pre-checker/Supervisor) Traffic control may be needed immediately to protect the public and/or O&M staff. Typically, immediate traffic control is needed if there is a street collapse or significant depression in the pavement that is related to the sewer, if the maintenance hole is ajar, or if the spill causes flooding of the street. Traffic control may also be needed to prevent wastewater from being further disbursed and to protect the O&M crew while containing the spill and removing the blockage.
A. Provide traffic control per Utility Division standards.
B. If necessary, use other agencies including police to ensure proper traffic control (refer to Section 5).
3.3 Contain Spill (O&M Crew and/or Pre-checker/ Supervisor) The spill must be contained. Containment becomes more difficult if the spill reaches the storm drain system since the spill has the potential to reach TID Laterals 3, 4, or 5. The storm drain system can be used to store the spill if it can be plugged downstream of the spill, if the downstream storm drain pump station can be deactivated, or contained in a storm pond basin.
A. Options for containing spill
1. Spill onto ground
a. Sandbags around catch basin or inlet
b. Sand bags in gutter
c. Dig trench in earth
2. Spill in building
a. Evacuate affected people
b. Sand bags/plastic sheet
c. Avoid electrical shock: have power turned off
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-8 JULY 2025
CITY OF TURLOCK
3. Spill into storm drain/drainage way
a. Trace overflow in storm drainage system to downstream end point b. Plug all affected storm system outlets or contain in storm pond c. Turn off storm water pump station
d. Remove sewage from storm drain system.
B. Required equipment for containing spills
1. Spill onto ground and in buildings
a. Sand bags
b. Plastic sheets
c. Bypass pumps and pipe/hose
2. Spill into storm drain/drainage way
a. Plugs
b. Bypass pump
3. Spill at pump station
a. Emergency generator
b. Bypass pump
4. Caution tape around contaminated areas
5. Begin preliminary notifications according to spill category:
Refer to Section 4 and Section 5 for spill category information and notification guidance. Complete the Spill Field report form (Section 8) and, if applicable, the Hazardous Spill Reporting Form (Section 9).
3.4 Correct Cause of the Spill (O&M crew)
The cause of the spill may be located a considerable distance downstream of the actual spill in areas with flat terrain. During large storms, spills may occur because of infiltration and inflow (I/I) of storm water into the sewer system. I/I can greatly increase the flow in the collection system and cause spills from pipes that are partially blocked by roots, grease, or debris. However, during very large storms I/I can cause the flow in the collection system to exceed the hydraulic capacity of the pipes or pump stations. Under these conditions, it may not be possible to stop the spill until the flows recede.
A. Locate cause of spill
1. Sewer main
a. Check flow in maintenance holes.
b. Blockage should be between maintenance hole with sluggish flow or surcharging and maintenance hole with very little flow or is dry.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-9 JULY 2025
CITY OF TURLOCK
2. Service Sewer
a. Check flow in cleanout behind sidewalk or at property line. If cleanout is dry or has flow, stoppage is located on property and is not a city problem.
b. If there is no existing cleanout, notify property owner or resident to clear stoppage (i.e., plumber, etc.). Explain City Policy regarding service line blockages.
3. Pump station (Mechanical)
a. Check alarm system for indication of problem. Most of the alarms are telemetered by the SCADA system which is monitored by plant operations and Utility Maintenance Personnel.
B. Clear Blockage
1. Within Sewer Main
a. Clear line from dry maintenance hole if possible with high pressure cleaning or power rodding equipment.
b. Determine cause of blockage (if possible).
2. If blockage cannot be cleared:
a. Increase containment or initiate bypass pumping, and b. Perform CCTV inspection to determine problem,
c. Dig down on sewer line and remove blockage, repair and backfill.
C. Pump Station (Mechanical)
1. If pump station does not have power, portable pumps will be used.
2. Check fuel in portable pump.
3. If a pump is not operating properly, activate standby pump.
4. Investigate force main for possible damage or blockage.
5. Notify Electrical/Mechanical Department.
6. Connect emergency generator pursuant to the Standard Operating Procedure found in Section 13.
3.5 Estimate Spill Volume (Utility Maintenance Personnel) The final spill volume is estimated to determine if additional reporting to regulatory agencies is required and for department records.
A. Estimate final spill rate using tables and pictures (refer to Section 6 and Section 7)
B. Spill volume can also be estimated by multiplying the spill duration by the spill rate.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-10 JULY 2025
CITY OF TURLOCK
3.6 Initiate Clean-up (O&M Crew)
Clean up of spill area and storm drain system should be conducted in a manner that does not inadvertently impact beneficial uses in the receiving water. Disinfection of contaminated soil and storm drain system is only performed when directed by the appropriate agencies (e.g., Environmental Health Dept., Dept. of Fish and Game).
A. Flooded building: follow Flooded Structure Procedure (Section 11) B. Drainage Conveyance System
1. Pump out wastewater
2. Remove debris
3. Wash concrete and contain wash water, pump out
4. Remove all plugs/dams used to contain spill.
C. Street
1. Remove debris
2. Wash pavement and contain wash water
3. Remove wastewater.
3.7 Photographs (O&M Crew and/or Pre-checker/ Supervisor) and Visual Monitoring (Pre-checker/ Supervisor and/or
Environmental Compliance Inspector)
A. Photos have to be time stamped (use time stamp on cameras and/or enable location and time stamp data in digital files)
B. Photos are required for the following:
1. Spill appearance point(s) – take at least one photo of active spill.
Under prolonged conditions, take photos at different times to show potential changes un discharge rates throughout the duration of the spill.
2. Spill entry point into the storm drain system
3. Location of discharge into the surface water
4. Warning signs, beach closure signage
5. Extent of the spill spread
6. Impacts to surface waters (surface bank erosion, floating debris, water surface sheen, fish kills, etc.)
7. Location(s) of the clean-up
8. Sampling location, if sampling is conducted.
C. Visual Monitoring:
1. Take notes on visual observations such as impacts to surface waters (water bank erosion, floating debris, water surface sheen, fish kills, etc.)
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-11 JULY 2025
CITY OF TURLOCK
2. Estimate spills travel time from appearance point to final destination in the receiving water.
3.8 Receiving Water Sampling (Environmental Compliance
Inspector)
Required only if 50,000 gallons or more enter the TID Laterals 3, 4, and 5 or stormwater basin. (For A, B and C below refer to Section 5 and Section 12) A. Environmental Compliance Inspector will obtain and handle the required receiving water samples. At a minimum, samples should be taken at the following locations:
a. The entry point,
b. A point upstream of the entry point, and
c. At least one point downstream of the entry point where the spill is expected to be fully mixed with the receiving water.
If monitoring in the receiving water is not safe or feasible, samples may be collected at a point in the storm drain system.
B. Sampling for ammonia and total coliform (see Section 12) must be conducted within 18 hours of City staff becoming aware of the spill.
C. If Environmental Compliance Inspector is not able to respond within 30 minutes, use trained O&M personnel to obtain samples.
D. Contact lab personnel and transport sample to laboratory along with appropriate paper work (i.e., chain of custody forms).
Table A-1: Sampling Locations
Sampling Location Name Frequency
RSW-001 samples should be collected each day for the duration of the spill RSW-002 samples should be collected each day for the duration of the spill
3.9 Reporting (Utility Manager)
A. Prompt notification to regulatory agencies
1. The Utility Manager or designated representative shall report Category 1 spills where 1,000 gallons or more reach or threaten to reach surface water and Category 2 spills where 1,000 gallons or more reach or threaten to reach groundwater to CalOES within two (2) hours of becoming aware of the spill.
2. The California Integrated Water Quality System (CIWQS) website for reporting spills is: http://ciwqs.waterboards.ca.gov/.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-12 JULY 2025
CITY OF TURLOCK
3. Refer to Section 4 for notification and reporting requirements based on spill categories.
B. Review, complete, and sign required reports
1. Hazardous Spill Reporting Form (Section 9)
2. Emergency Release Follow-up Notice Reporting Form (Section 10)
3. Reportable Spill Field Report Form (Section 8)
C. Documentation and Data Tracking
1. Forward a copy of each signed report to the Municipal Services Secretary for CMMS tracking.
2. All spills are tracked by the Department CMMS.
3.10 Final Documentation (Pre-checker/Supervisor) and Postspill Debrief (Utility Manager) All spills must be tracked in the Computerized Maintenance Management System (CMMS) regardless of volume or City/Private.
A. Assure that all appropriate documentation has been completed in the CMMS. All records related to the spill shall be kept on file for a minimum of five (5) years.
B. The Utility Manager shall conduct a spill debrief meeting monthly in months when spills occurred, or more often if deemed necessary, with all Maintenance Technicians on staff to go over recent spill events. The debrief will review spill response activities and discuss what worked, what did not work, any missed regulatory requirements (i.e., notifications, sampling, etc.), and improvements moving forward. Staff will also discuss final corrective action(s) completed or planned, such as enforcement taken on parties responsible for illicit discharge or actions taken/needed to prevent repeated spill occurrences at a particular location. When necessary, contractors may be invited to participate in these meetings. If needed, the SERP will be modified to improve existing procedures.
3.11 Training
Training related to the SERP is conducted periodically to ensure City employees are properly prepared to respond to spills and are also familiar with updated regulations and requirements. In addition, contractors that may assist the City with emergency repairs or spill assistance also receive a copy of the most current SERP.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-13 JULY 2025
CITY OF TURLOCK
4 Spill Categories and Notification Guide
Spills where 1,000 gallons or more reach surface water via TID Laterals 3,4, or 5, or groundwater must be reported within two (2) hours to CalOES at (800) 852-7550
See also attached Notification and Reporting Flowchart. CIWQS Online Database address is http://ciwqs.waterboards.ca.gov
Category 1 Spill - Any spill that reaches surface water via TID Laterals 3, 4, or 5
1. If 1,000 gallons or more reach or threaten to reach surface water, call CalOES within two (2) hours to receive an OES Control Number - (800) 852-7550.
2. For all spills that reach surface waters, regardless of volume:
• Complete the Spill Field Report Form (Section 8)
• Enter data into the CIWQS online Spill Database within three (3) business days of becoming aware of the spill
• Certify report by Legally Responsible Official within 15 calendar days of spill end date.
3. If 50,000 gallons or more reach surface waters:
• Follow the instructions provided in Section 12
• Report all monitoring results and develop a Technical Report within 45 days of spill end date.
Category 2 Spill - Spills equal to or greater than 1,000 gallons that do not reach surface water via TID Laterals 3, 4, or 5
1. If 1,000 gallons or more reach or threaten to reach waters of the State (i.e., groundwater), call CalOES within two (2) hours to receive an OES Control Number - (800) 852-7550.
2. Complete the Spill Field Report Form (Section 8)
3. Enter data into the CIWQS online Spill Database within three (3) business days of becoming aware of the spill
4. Certify report by Legally Responsible Official within 15 calendar days of the spill end date.
Category 3 Spill - Spills equal to or more than 50 gallons but less than 1,000 gallons that do not reach surface water via TID Laterals 3, 4, or 5
1. Complete the Spill Field Report Form (Section 8)
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-14 JULY 2025
CITY OF TURLOCK
2. Submit Certified Spill Report into the CIWQS online Spill Database within 30 calendar days after the end of the month in which the spill occurred (e.g., a spill that occurred between May 1st and May 31st, would be reported by June 30th).
Category 4 Spill - Spills less than 50 gallons that do not reach surface water via TID Laterals 3, 4, or 5
1. Complete the Spill Field Report Form (Section 8)
2. Submit the number of Category 4 spills and the total volume from Category 4 spills into the CIWQS online Spill Database within 30 calendar days after the end of the month in which the spills occurred (e.g., spills that occurred between May 1st and May 31st, would be tallied in a monthly report due June 30th).
3. Upload and certify a report with details from all Category 4 spills from throughout the calendar year by February 1st of the following year.
Private Lateral Sewage Discharges
The Utilities Manager may report private lateral spills using CIWQS at the City’s discretion, specifying that the sewage discharge occurred and was caused by a private lateral and identifying the responsible party (other than the City), if known.
NOTE: A discharge from a lateral that is caused by a failure or blockage in the City-owned sanitary sewer system, is not considered a private lateral spill; it is a reportable Category 1-4 spill instead.
No Spill Certification (Monthly)
Within 30 calendar days after the end of each calendar month, if there are no spills during the calendar month, the Utilities Manager will submit an electronic report that the City did not have any spills. The Utilities Manager will certify the report.
CIWQS Not Available
In the event that CIWQS is not available, the Utilities Manager will fax all required information to the RWQCB office and email the information to [email protected] in accordance with the time schedules identified above. In such event, the City will submit the appropriate reports using CIWQS as soon as practical.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-15 JULY 2025
CITY OF TURLOCK
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-16 JULY 2025
CITY OF TURLOCK
IF SPILL AND… THEN NOTIFY…
Is greater than
or equal to
1,000 gallons
out of the City
of Turlock
sewer system.
Enters or threatens to
enter a storm drain,
surface water,
groundwater, or
stormwater basin
Note: the Supervisor or Pre-checker is responsible for notifying at least one of the following two individuals:
Utilities Manager: Carlos Guerrero
(office) (cell)
(209) 668-5457 (209) 345-2169
If unable to contact Carlos Guerrero then contact:
Municipal Services Director: Christopher Fisher
(office)
(209) 668-5468
The individual(s) notified above is responsible for notifying the following:
CalOES at (800) 852-7550 within two (2) hours of becoming aware of the spill, obtain control number, complete spill report forms.
Other helpful phone numbers
Inland Region: (Rancho Cordova) (916) 845-8470
South Region: (Fresno) (209) 445-5672
Regional Water Quality Control Board: (916) 464-3291
State Fish and Game: (916) 445-9338
Environmental Mgmt Dept (EMD): (966) 449-5661
Enters
structures
within City of
Turlock
Collection
Systems service
area.
Requires clean-up O&MSupervisor or Pre-checker is responsible for notifying the following:
Utilities Manager: Carlos Guerrero
(office) (Cell)
(209) 668-5457 (209) 345-2169
Municipal Services Director: Christopher Fisher
(office)
(209) 668-5468
Janitorial Services: On open purchase order; Section 14 Coit Restoration Services: (24 hrs. day)
Phone (209) 545-2648
Hotels on Open Purchase Orders; Section 14
Holiday Inn Enterprises; Turlock Travel Lodge;
3001 Hotel Drive 201 West Glenwood Ave.
Requires Evacuation;
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-17 JULY 2025
CITY OF TURLOCK
IF SPILL AND… THEN NOTIFY…
Is greater than
or equal to
1,000 gallons
out of the City
of Turlock
sewer system.
Has potential to enter
Laterals 3, 4 or 5
Monitor Telemetry
Alarms
Dispatch mechanical
standby crews
Note: the Supervisor or Pre-checker is responsible for notifying at least one of the following two individuals:
Utilities Manager: Carlos Guerrero
(office) (cell)
(209) 668-5457 (209) 345-2169
If unable to contact Utilities Manager then contact:
Municipal Services Director: Christopher Fisher
(office)
(209) 668-5468
The individual(s) notified above is responsible for notifying the following:
CalOES at (800) 852-7550 within two (2) hours of becoming aware of the spill, obtain control number, complete spill report forms.
Sections 8 & 10 (Helpful Phone Numbers)
Inland Region: (Rancho Cordova) (916) 845-8470
South Region: (Fresno) (209) 445-5672
Regional Water Quality Control Board: (916) 464-3291
State Fish and Game: (916) 445-9338
Environmental Mgmt. Dept. (EMD): (966) 449-5661
After-hours, weekends & holidays:
Plant Operations Personnel
(209) 668-5590
Operations Cell:
(209) 410-8429
Electrical/Maintenance
(Doyle Perry)
Cell: (209) 678-5627
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-18 JULY 2025
CITY OF TURLOCK
5. Spill Resource Guide
IF SPILL
involves . .
AND REQUIRES . . THEN CONTACT . . AT . .
Public Health &
Life Safety
Safety /Rescue Fire Department 911 OR 668-5580
Traffic/Crowd Control,
Evacuations, Crime
Investigation and Arrests
Law Enforcement
(Police)
911 OR
(668-1200)
Media notification response for
Emergencies
Road closures & detours
Notification for
environmental hazards
Other impacted agencies
Police Department and
Utilities Manager
(Carlos Guerrero)
Utility Maintenance,
Utilities Stand-by
Environmental
Compliance Inspector
(209) 668-1200
(209) 668-5590
ext. 4455
Office: (209) 668-5457
Cell: (209) 345-2169
Office: (209) 668-5590
ext. 4455
Cell: (209) 606-0480
Office: (209) 668-5590
ext. 4482
Cell: (209) 614-4829
Access to city radio paging
system
Reference resource (map)
Dispatch crews during normal
work hours
Monitor telemetry alarms
During regular work
hours:
Personnel city issue
radio and / or city issue
cell phone;
Utilities Maint Shop
Control 4 Dispatch or
City issue cell phone or
city issue radio’s
Operations division or
Utilities Operation and
Maintenance division
Radio List
Cell Phone List
(209) 668-5590
(209) 668-5590
Plant Operations and
Utility Maintenance
Monitor Telemetry Alarms
Dispatch mechanical standby
crews
After-hours, weekends
& holidays:
Plant Operations
Personnel;
Electrical/Maintenance
(Doyle Perry)
Operations
Cell: (209) 410-8429
Office: (209) 668-5590
Cell: (209) 678-5627
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-19 JULY 2025
CITY OF TURLOCK
6. Spill Flow Estimation Chart
TABLE 1
ESTIMATED SPILL FLOW OUT OF MH WITH COVER IN PLACE
24" COVER 36" COVER
Height of Min. Sewer Height of Min. Sewer
spout above SPILL FLOW size in which spout above SPILL FLOW size in which M/H rim Q these flows M/H rim Q these flows
H in inches in gpm in MGD are possible H in inches in gpm in MGD are possible 1/4 1 0.001 1/4 1 0.002
1/2 3 0.004 1/2 4 0.006
3/4 6 0.008 3/4 8 0.012
1 9 0.013 1 13 0.019
1 1/4 12 0.018 1 1/4 18 0.026
1 1/2 16 0.024 1 1/2 24 0.035
1 3/4 21 0.030 1 3/4 31 0.044
2 25 0.037 2 37 0.054
2 1/4 31 0.045 2 1/4 45 0.065
2 1/2 38 0.054 2 1/2 55 0.079
2 3/4 45 0.065 2 3/4 66 0.095
3 54 0.077 3 78 0.113
3 1/4 64 0.092 3 1/4 93 0.134
3 1/2 75 0.107 3 1/2 109 0.157
3 3/4 87 0.125 3 3/4 127 0.183
4 100 0.145 4 147 0.211
4 1/4 115 0.166 4 1/4 169 0.243
4 1/2 131 0.189 4 1/2 192 0.276
4 3/4 148 0.214 4 3/4 217 0.312 6"
5 166 0.240 5 243 0.350
5 1/4 185 0.266 5 1/4 270 0.389
5 1/2 204 0.294 5 1/2 299 0.430
5 3/4 224 0.322 6" 5 3/4 327 0.471
6 244 0.352 6 357 0.514
6 1/4 265 0.382 6 1/4 387 0.558 8"
6 1/2 286 0.412 6 1/2 419 0.603
6 3/4 308 0.444 6 3/4 451 0.649
7 331 0.476 7 483 0.696
7 1/4 354 0.509 7 1/4 517 0.744
7 1/2 377 0.543 7 1/2 551 0.794
7 3/4 401 0.578 8" 7 3/4 587 0.845 10"
8 426 0.613 8 622 0.896
8 1/4 451 0.649 8 1/4 659 0.949
8 1/2 476 0.686 8 1/2 697 1.003
8 3/4 502 0.723 8 3/4 734 1.057
9 529 0.761 9 773 1.113 Page 198 of 461
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-20 JULY 2025
CITY OF TURLOCK
7. Flow Estimation Picture Charts
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-21 JULY 2025
CITY OF TURLOCK
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-22 JULY 2025
CITY OF TURLOCK
8. Spill Field Report Form
SANITARY SEWER SPILL - FIELD REPORT FORM
Sanitary Sewer Spill - Field Report Form Page 1 of 4 JULY 2025 Information to be used for reports to:
CALIFORNIA INTEGRATED WATER QUALITY SYSTEM (CIWQS)
and
CALIFORNIA OFFICE OF EMERGENCY SERVICES (CalOES)
(800) 852-7550
NOTE: Photos are required for the following:
• Spill appearance point(s) – take at least one photo of the active spill. Under prolonged spill conditions, take photos at different times to show potential changes in discharges rates throughout the duration of the spill. • Spill entry point into the storm drain system
• Location of discharge into the surface water
• Warning signs, beach closure signage
• Extent of the spill spread
• Impacts to surface waters (water bank erosion, floating debris, water sheen, fish kills, etc.)
• Location(s) of the clean-up
• Sampling location(s), if sampling conducted.
ALL ITEMS MUST BE COMPLETED
1. Customer Service Number:
_____________________________________________
2. Call Received From:
_____________________________________________________________
3. Date Received: ___/___/___ (MM/DD/YY) 4. Time: ___:___(24-Hr Time)
5. Report Filled Out By: __________________________
Phone Number: (____)____-__________
6. Spill Street Location: ___________________________________________ (If the spill did not occur at a street location, then use other identifiers)
7. City: ___________________ Zip Code: _____ 8. County: Stanislaus
9. Spill Start: Date: ___/___/___ (MM/DD/YY) 10. Time: ___:___ (24-Hr Time) (If the spill was on-going when discovered, and subsequent investigation found a different spill start date and time, this information shall be revised by submittal of updated spill report forms.)
11. Spill End: Date: ___/___/___ (MM/DD/YY) 12. Time: ___:___ (24-Hr Time)
13. Estimated Spill Flow Rate: __________________ (gallons per minute) (Use the ‘Rate of Over Chart’ when giving estimates spill flow rate.)
14. Total Spill Volume: ____________________ (gallons)
SANITARY SEWER SPILL - FIELD REPORT FORM
Sanitary Sewer Spill - Field Report Form Page 2 of 4 JULY 2025
15. Description of how spill volume was determined or calculated. Provide diagrams and/or photographs of spill incident. Include details explaining how the spill volume was determined. Provide as much detail as possible on the total volume that left the collection system, the volume recovered, and the portions of the volume reaching various destinations (such as infiltrated on land, reached an infiltration pond, reached a drainage channel, reached a TID lateral, and the final destination of that TID lateral, etc.) See also questions 24-27 on the following page.
16. Spill volume recovered: __________________ (gallons)
17. Spill volume released to receiving waters: _________________ (gallons)
18. Spill Location Sanitary Sewer Structure Identification Number:
________________________________________________________________
19. Describe steps taken to mitigate the spill.
________________________________________________________________ ________________________________________________________________
20. Spill Cause: (Circle One)
Roots Grease Line Break Infiltration
Rocks Debris Blockage Vandalism
Flood Damage Manhole Failure Power Failure Construction Other Unknown
21. Spill Cause – Detailed Description
________________________________________________________________ ________________________________________________________________ ________________________________________________________________
22. Was there measurable precipitation during the 72-hour period prior to the spill? (Y or N)___
23. Did the spill enter a storm drain? (Y or N) ____
SANITARY SEWER SPILL - FIELD REPORT FORM
Sanitary Sewer Spill - Field Report Form Page 3 of 4 JULY 2025
24. Did the spill reach surface waters other than a storm drain (i.e., TID Laterals 3, 4 or 5)? (Y or N) ___
If ‘Yes’, continue with Question 25. If ‘No’ skip to Question 27. See also Question 15 above.
25. Name or description of initial receiving waters. (If none, enter none) ________________________________________________________________ ________________________________________________________________
26. Name or description of secondary receiving waters. (If none, enter none) ________________________________________________________________ ________________________________________________________________
27. If the spill did not reach surface waters, describe the final destination of the spill. ________________________________________________________________ ________________________________________________________________
28. Were signs posted to warn of receiving water contamination? (Y or N) ___ (Turlock Utility Management will make the decision on whether to post signs on not.)
29. If posted, list the location(s) of posting:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________
30. Were samples of the contaminated receiving water obtained? (Y or N) ____
31. If samples were obtained list the location(s) in relation to point of entry. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
32. If samples were obtained who obtained the samples? Environmental Compliance Inspector ___ or O&M.___.
33. Additional Remarks:
________________________________________________________________
SANITARY SEWER SPILL - FIELD REPORT FORM
Sanitary Sewer Spill - Field Report Form Page 4 of 4 JULY 2025 ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
34. Cost Recovery
Was the spill from a private system or caused by an outside agency, contractor or person? (Y or N) ____. (If ‘Yes’, continue filling in as much information as possible.) The spill was from a private system.
The spill was caused by an activity being performed by an outside:
Agency Contractor Person. Other
________________________________________________________________ Name of complex, agency, contractor or person:
________________________________________________________________ Address of complex, agency, contractor or person:
________________________________________________________________ Name of insurance company, agents name and phone number if known:
________________________________________________________________ Name of person providing information:
________________________________________________________________ Name and phone number of any witness:
________________________________________________________________
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-23 JULY 2025
CITY OF TURLOCK
9. Hazardous Spill Reporting Form
A 4.1 YOUR NAME: Date;
DID YOU INFORM YOUR SUPERVISOR? [ ]YES [ ]NO
FOR SEWAGE: INFORM YOUR SUPERVISOR WHEN THE AMOUNT SPILLED IS 1,000 GALLONS OR GREATER AND REACHES OR THREATENS TO REACH SURFACE WATER, GROUNDWATER, STORMWATER BASINS, OR STORM DRAIN.
SEE SECTION D BELOW TO ESTIMATE QUANTITY.
B WHAT DAY DID THIS HAPPEN? WHEN DID YOU FIND THE SPILL?
C LOCATION OF THE SPILL
1) MAINTENANCE HOLE NUMBER:
2) ADDRESS OR CROSS STREETS:
3) ADDRESS OF COMPLAINING PARTY - IF DIFFERENT THAN SPILL LOCATION:
4) FACILITY NAME:
D WHAT SPILLED? [ ]SEWAGE [ ]CHLORINE [ ]SULFUR DIOXIDE HOW WAS IT STORED?
[ ]SOLID [ ]LIQUID [ ]GAS
HOW WAS IT RELEASED?
[ ]SOLID [ ]LIQUID [ ]GAS
WHERE DID THE SPILL GO?
[ ]AIR [ ]WATER [ ]GROUND
[ ]DRAINAGE INLET [ ]OTHER
WHEN DID IT SPILL? (ESTIMATED TIME)
HOW MUCH SPILLED?
REPORTABLE QUANTITIES: REPORT ANY AMOUNT SPILLED THAT IS EQUAL TO OR MORE THAN:
SEWAGE 1,000 GALLONS 10 FEET DEEP IN A 4 FOOT DIAMETER MAINTENANCE HOLE 20 FEET LONG BY 20 FEET WIDE BY 3 INCHES DEEP
CHLORINE 10 POUNDS (UNDER PRESSURE) 10 POUNDS RELEASED FROM THE STORAGE TANK OR 9 CUPS LIQUID SULFUR DIOXIDE 1 POUND (UNDER PRESSURE) 1 POUND RELEASED FROM THE STORAGE TANK OR 1.5 CUPS LIQUID E
WHAT DID YOU DO WHEN YOU FOUND THE SPILL?
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-24 JULY 2025
CITY OF TURLOCK
10. Emergency Release Follow-up Notice Reporting Form
A
BUSINESS NAME:
City of Turlock, Municipal Services Department
4.2 FACILITY EMERGENCY CONTACT/PHONE NUMBER
209-668-5599
Cal OES Phone Number: (800) 852-7550
B
INCIDENT DATE:
4.3 TIME OES WAS NOTIFIED
(24 HOUR TIME)
4.4 OES CONTROL NUMBER
C
INCIDENT LOCATION: CITY/COMMUNITY COUNTY ZIP
D
CHEMICAL OR TRADE NAME: CAS NUMBER:
CHECK IF CHEMICAL IS LISTED IN 40 CFR
355, APPENDIX A {209} 525-5700
CHECK IF RELEASE REQUIRES NOTIFICATION UNDER
42 U.S.C 9603 (x) {209} 525-5700
PHYSICAL STATE CONTAINED:
[ ] SOLID [ ] LIQUID [ ] GAS
PHYSICAL STATE RELEASED:
[ ] SOLID [ ] LIQUID [ ] GAS
QUANTITY RELEASED:
ENVIRONMENTAL CONTAMINATION:
[ ] AIR [ ] WATER
[ ] GROUND [ ] OTHER
[ ] DRAINAGE INLET
TIME OF RELEASE: DURATION OF RELEASE:
E
ACTIONS TAKEN:
F
POSSIBLE HEALTH EFFECTS (EXPLAIN YOUR RESPONSE. ALSO COMPLETE SECTION H, COMMENTS.) [ ] ACUTE OR IMMEDIATE:
[ ] CHRONIC OR DELAYED:
[] UNKNOWN
G
ADVICE REGARDING MEDICAL ATTENTION FOR EXPOSED INDIVIDUALS:
H
COMMENTS (INDICATE SECTION A THROUGH G AND ITEM)
I
CERTIFICATION: I CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AM FAMILIAR WITH THE INFORMATION SUBMITTED. I BELIEVE THE SUBMITTED INFORMATION IS TRUE, ACCURATE, AND COMPLETE.
REPORTING FACILITY REPRESENTATIVE:
NAME: DATE:
SIGNATURE:
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-25 JULY 2025
CITY OF TURLOCK
11. Flooded Structure Report (Sanitary Sewer Only)
DATE: TIME: Pre-checker/Supervisor
PARCEL #: :
RESIDENT: HOME OWNER:
ADDRESS:
____________________________________________
4.5 STREET CITY/STATE/ZIP
PHONE:
ADDRESS:
_______________________________________________
4.6 STREET
City/STATE/ZIP
PHONE:
CLEANING CONTRACTOR CALLED/TIME:
CAUSE OF FLOODING:
LOCATION / SEWER: [ ] STREET [ ] REAR EASEMENT MAINTENANCE HOLE # Ups------------------------Down--------------
[ ] MAIN LINE [ ] SERVICE LINE
DAMAGE: [ ] BLACK WATER [ ] GREY WATER [ ] FRESH WATER
COMMENTS:
4.7 CLEANING SERVICES: [ ] REQUIRED [ ] NOT REQUIRED [ ] ASSIGNED BY OWNER ( ) Assigned by City
PREPARED BY: MANAGER APPROVED:
SECTION B: CLEANING CONTRACTOR
COMPANY: PHONE:
ADDRESS: ARRIVAL TIME:
DESCRIPTION OF SERVICE:
Estimated Cost: $0 to $400.00 $401.00 to $750.00 $751.00 to $1,000 OVER $1,000 Pictures Taken:
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-26 JULY 2025
CITY OF TURLOCK
12. SAMPLING PROCEDURES AND FLOW CHART
Sampling for Ammonia and Total Coliform is required if 50,000 gallons or more reach of threaten to reach surface waters via TID Laterals 3, 4, or 5. Sampling must be conducted within 18 hours of City staff becoming aware of such spill.
Note: In the event that ECI cannot be reached within 30 minutes, O&M staff will collect samples.
Procedure:
1. Put on all required personal protective equipment including latex gloves and eye protection.
2. Use the 100 mL sterile container for coliform samples and the 1-liter bottle for ammonia samples provided in the sample kit or supplied by the lab and do the following:
• Sampling will be conducted each day for the duration of the spill. At a minimum, samples will be collected at three locations: the point where the spill enters the surface water body, a point upstream of the entry location, and at least one point downstream where the spill is expected to be fully mixed with the receiving water. If sampling directly in the receiving water is not safe or feasible, samples may be collected from a point within the storm drain system that discharges to the surface water.
• All samples are grab samples and are collected at 6" below the surface. Samples shall be placed in coolers on blue ice during transport to the lab.
• It is imperative that all samples be analyzed within maximum hold times and should therefore be shipped or delivered to the lab to ensure these are not missed. The maximum hold times for total coliform and ammonia are six (6) hours and 28 days, respectively.
3. Once the lid is opened, the inside surface of the bottle or lid should not be touched. Care should be taken to keep the dechlorinating solution in the sample bottle.
4. Once in position to collect the sample, open the bottle. Holding the bottle in one hand, face upstream and lower the bottle below the water surface, then sweep the bottle upstream and out of the water. Be careful not to disturb the bottom sediment.
5. Leave a bit of air space at the top of the bottle by pouring out a little water.
There should be a line on the bottle indication the desired sample volume.
6. Replace the lid securely.
7. Put your water samples in a cooler on blue ice and deliver to the lab ASAP.
8. The laboratory must be notified before samples are delivered to ensure lab personnel are available to receive and set-up the samples for analysis. Use
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-27 JULY 2025
CITY OF TURLOCK
the following table as a guide for whom to call depending on day and time of delivery.
Environmental Compliance Inspector Laboratory
Business Hours (7:00 – 15:30) weekdays Business Hours (7:00 – 15:30) weekdays Kevin Van Patten
Office: (209) 668-5590
ext. 4482
Cell: (209) 614-4829
Jeanne White (209) 668-5590 ext. 4403
Operations (209) 668-5590
Brooke
Corgiat (209) 668-5590 ext. 4406
After Hours (15:30 – 7:00) any day After Hours (15:30 – 7:00) any day Utilities Stand-by (209) 606-0480 Cell: (209) 765-3713
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-28 JULY 2025
CITY OF TURLOCK
For spills where 50,000 gallons or more reach surface waters.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-29 JULY 2025
CITY OF TURLOCK
13. SEWER LIFT STATION EMERGENCY GENERATOR
CONNECTION PROCEDURE
STANDARD OPERATING PROCEDURE
SOP NAME: Sewer lift station emergency generator connection procedure OBJECTIVE:
To describe the procedures for performing the electrical connections and power transfer in case of an extended power outage.
SAFETY PROCEDURES:
Staff should observe all safety policies and regulations during execution of this SOP to include but not limited to:
• Traffic Control and Flagging
• Personal Protective Equipment
• Control of Hazardous Energy
PROCEDURES:
The following describes the procedure to connect an emergency generator to a sewer lift station when the utility power is off.
1. Preliminary duties performed
a. Proceed with the pre-trip inspection that includes, fuel battery, electrical cables, tire pressure, and trailer lighting.
b. Set up traffic control and warning devices upon arrival to sewer lift station.
Make sure generator hitch and tires are locked to avoid theft.
2. Generator connection procedure to power a sewer lift station when Utility power is off.
a. Upon arrival to the sewer lift station electrical panel, turn off the main disconnect to the Pump Control Panel and open the access door to the panel. b. Use the appropriate tester test for utility power to confirm the power is actually off. After determining there is no utility power, proceed with connecting the generator to the pump panel. After securing the generator trailer and setting up traffic control, remove the output cable from the generator cabinet and safely route it to the pump panel.
c. The generator is now electrically connected to the sewer lift station and is ready to receive auxiliary power.
d. Before starting the generator, make sure the disconnect is open to the utility company and locked out in this position. Turn all pumps and loads off at the pump panel. Open the generator control panel and push the start button to start the generator, and let the generator run for 5 minutes before running any
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-30 JULY 2025
CITY OF TURLOCK
equipment. Test the voltage output with a volt meter and make sure it is within 10% of the utility power.
e. When the generator has warmed up, test the pumps to make sure they will run in the hand position and pump any sewage out that is in the wet well.
After pumping the wet well down, put the pump switches in the auto position.
The station is now ready to run automatically.
f. The generator should run at full load for 24 hours. Periodic checks shall be made to ensure the generator is operating properly. The SCADA system will notify staff if a high sewage level is reached.
ATTACHMENT A – SPILL EMERGENCY RESPONSE PLAN
SANITARY SEWER MANAGEMENT PLAN A-31 JULY 2025
CITY OF TURLOCK
14. OPEN PURCHASE ORDERS
{intentionally omitted}
City Council Staff Report
October 14, 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:
Motion: Approving an agreement (City Contract 2026-062) with Talkington Inc. dba Lancaster Painting, in response to RFP No. 25-003, for refinishing the bus maintenance shop floor, for a term of one year and a total compensation amount not to exceed $46,000, inclusive of the $41,000 contract amount and a $5,000 contingency, with staff authorized to administer the contingency consistent with the approval authority framework established in Resolution No. 2025-007
2. NARRATIVE:
Staff requests approval of a contract for services with Talkington Inc. dba Lancaster Painting for refinishing the bus maintenance shop floor, pursuant to Request for Proposals (RFP) No. 25-003, issued July 25, 2025, for an amount not to exceed $46,000, inclusive of a $41,000 proposal and a $5,000 contingency allowance for unforeseen conditions.
The refinishing project is necessary to maintain the bus maintenance facility in good condition. The original floor coating, applied when the facility was constructed in approximately 2009, has deteriorated. The rubberized coating is peeling, creating a trip hazard, presenting an unsightly appearance, and making the floor difficult to clean. The proposed new coating will improve both function and appearance by brightening the shop, facilitating work activities, and providing a smooth surface that allows for easier cleanup of spills and reduction of slip hazards, while also enhancing the building’s longevity.
Following the proposal process and an evaluation of all submissions, Lancaster Painting was determined to offer the best value to the City for this project, as recommended by the proposal evaluation committee.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The purchase of services for the Bus Maintenance Shop Floor Refinishing from Lancaster Painting for a not-to-exceed cost of $46,000 will be expensed to account number 426-40- 415-241-002.51240.
Appropriate funds have been allocated during the Fiscal Year (FY) 2025-26 budget process to fund this purchase.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
Agenda Staff Report
10/14/2025
5. ATTACHMENTS:
1. Contract 2026-062 with Lancaster Painting
City Council Staff Report
October 14, 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:
Motion: Approving Amendment No. 16 for Task Order No. 8 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 $62,502.92 to be funded by Fund 115 “Measure A – Roads” for Bid Package 2 for City Project No. 23-068 as “NV5 CM Task Order No. 8 for City Project No. 23-068, Bid Package 2”
2. NARRATIVE:
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.
Contract documents for the rehabilitation of a number of street sections are currently being developed as three (3) bid packages under a Task Order issued as an amendment to the Master Agreement for Engineering Design Services between the City of Turlock and Provost & Pritchard Consulting Group (City Contract No. 2023-110). Bid package 1 has already been advertised and awarded. Bid Package 2 will be advertised in the near future and includes the following streets:
Agenda Staff Report
10/14/2025
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” 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.
The proposed Amendment provides the scope of services, associated fees, and schedule for the required services and is essential to ensuring that adequate resources are available for advancing the construction of Roads Program CIP projects. 23-068 Bid Package 2
Street Name From To Length (ft) District
Rose St. Cahill Ave. North End 979.00 1
Lyons Ave. E. Main St. Colorado Ave. 1,807.00 1
Oak St. Cooper Ave. E. Canal Dr. 708.00 1
N. Denair Ave. E. Main St. E. Hawkeye Ave. 3,536.00 1
S. Denair Ave. E. Main St. Crane Ave. 341.00 1
Hamilton St. E. Main St. Marshall St. 722.00 1
Sierra St. E. Canal Dr. N. Berkeley Ave. 1,916.00 1
Tahoe Dr. E. Main St. Yosemite St. 705.00 1
Shasta St. E. Main St. Sierra St. 321.00 1
Total Length 11,035.00
3. FISCAL IMPACT / BUDGET AMENDMENT:
The fiscal impact of the proposed action will be $62,502.92 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.
4. 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.
Agenda Staff Report
10/14/2025
5. ATTACHMENTS:
1. Amendment No. 16 for Task Order No. 8 under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc.
CITY CONTRACT NO. 2024-111, Amendment No. 16 for Task Order No. 8 AMENDMENT NO. 16 FOR TASK ORDER NO. 8
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. 23-068; Bid Package 2
THIS AMENDMENT NO. 16 for Task Order No. 8 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. 8”). 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. 16.
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 Bid Package 2 for City Project No. 23-068 as “NV5 CM Task Order No. 8 for City Project No. 23-068, Bid Package 2;” and
WHEREAS, Pre-Construction services will commence shortly after approval of Amendment No. 16 and will continue through the start of construction; and WHEREAS, Amendment No. 16 for Task Order No. 8 provides for the scope of services and associated fees for said City Project.
CITY CONTRACT NO. 2024-111, Amendment No. 16 for Task Order No. 8 NOW, THEREFORE, the Parties hereto mutually agree to amend the Agreement as follows:
1. Exhibit Q, 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 Q 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 Q.
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 Q.
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 Q. Any request for Services not included in Exhibits A through Q 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 Q. 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. 16 for Task Order No. 8
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. 16 shall not exceed Sixty-Two Thousand FiveHundred-Two Dollars and Ninety-Two Cents ($62,502.92) (“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. 16 for Task Order No. 8 IN WITNESS WHEREOF, the Parties have caused this Amendment No. 16 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
09/25/2025
City of Turlock Roads Program CIP Projects Task Order #8 (Project No. 23-068 BP2) Pre-Construction Services – Scope of Consultant Services 1
SCOPE OF CONSULTANT SERVICES
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS
TASK ORDER #8 (PROJECT NO. 23-068 BP2)
PRE-CONSTRUCTION SERVICES
City of Turlock
DESCRIPTION OF PROJECT
Provide pre-construction project management services for the City of Turlock Roads Program CIP Project No. 23-068 BP2.
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 #8 (Project No. 23-068 BP2) 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 #8 (Project No. 23-068 BP2) 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 #8 (Project No. 23-068 BP2) 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 #8 (Project No. 23-068 BP2) 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 September 2025 until the conclusion of pre-construction period at the end of October 2025. 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 40 48 48
1.2 CONTRACTOR PREQUALIFICATION 4
1.3 FILE REVIEW 8 8 8
1.4 DOCUMENT EXISTING CONDITIONS 4 32
1.5 SCHEDULE REVIEW 4
1.6 DRAW SCHEDULE 4
1.7 PRE-CONSTRUCTION CONFERENCE 4 4 4
1.8 REVIEW CONTRACTOR PRE-CONSTRUCTION SUBMITTALS 4 16 16
1.9 ESTABLISH PROJECT PROCEDURES 8 4 4 8
Man Hour Subtotal 80 80 80 40
Task 1 Subtotal Fees $25,975.92 $17,696.18 $9,982.73 $8,848.09 $62,502.92 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 $62,502.92
5. This cost estimate is based on the pre-construction phase of the project being completed between September 1st, 2025 and October 31st, 2025. Time extensions (including weather delays) may result in additional CM services & fees.
6. This estimate is based on the specific scope of work described for the CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS T.O. #8 (PROJECT NO. 23-068 BP2) - 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.
TASK I: PRE-CONSTRUCTION PHASE
Staffing Plan & Fee Proposal for Pre-Construction Services Turlock Roads Program CIP Projects T.O. #8 (Project No. 23-068 BP2) Prepared for the City of Turlock
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. 23-068 BP2 Contract No. 2024-111 Task Order #8 Date 8/22/2025
DIRECT LABOR
Hours Actual Hourly Rate Total
80 $124.77 $9,981.60
80 $85.00 $6,800.00
0 $80.00 $0.00
40 $80.00 - $90.00 $3,400.00
80 $47.95 $3,836.00
0 $0.00
0 $0.00
280
LABOR COSTS
a) Subtotal Direct Labor Costs $24,017.60
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $24,017.60
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)] $32,803.24 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $32,803.24
FIXED FEE (Profit)
q) (Rate: 10.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $5,682.08 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)] $62,502.92
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 #8 Date 8/22/2025
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
$24,017.60 = $85.78 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $85.78 + = $90.07 Year 2 Avg Hourly Rate
Year 2 $90.07 + = $94.57 Year 3 Avg Hourly Rate
Year 3 $94.57 + = $99.30 Year 4 Avg Hourly Rate
Year 4 $99.30 + = $104.26 Year 5 Avg Hourly Rate
Year 5 $104.26 + = $109.48 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 280.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 280.0
Year 1 $85.78 * = $24,017.60 Estimated Hours Year 1
Year 2 $90.07 * = $0.00 Estimated Hours Year 2
Year 3 $94.57 * = $0.00 Estimated Hours Year 3
Year 4 $99.30 * = $0.00 Estimated Hours Year 4
Year 5 $104.26 * = $0.00 Estimated Hours Year 5
= $24,017.60
= $24,017.60
= $0.00 Transfer to Page 1
NOTES:
1 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that the year one rates expire 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
280
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
280.0
280.0
280.0
280.0
280.0
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
280
0 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): 8/22/2025 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
October 14, 2025
From: Isaac Moreno, Finance Director
Prepared by: Lisa Quiroga, Purchasing Manager
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving Amendment No. 2 to an Agreement between the City of Turlock and Turlock City Tow for vehicle tow services on an as needed basis, to increase the total amount not to exceed $40,000, if all renewal periods are exercised.
2. NARRATIVE:
On April 15, 2022, the City Manager approved an Agreement with Turlock City Tow for a two (2) year term with the option to extend for an additional three (3) one-year terms for vehicle tow services at a not-to-exceed amount of $20,000.
On December 3, 2024, the City Manager approved Amendment No. 1 to lower the dollar threshold for auto insurance from two million dollars ($2,000,000) per accident to one million dollars ($1,000,000) in order to be inline with the requirements of the California Highway Patrol (CHP). Per TMC 2-7-10 (a)(1), the City Manager shall have the authority to approve in writing any amendment directing a revision of such contract.
Over the course of the last three years of this Agreement, the number of vehicle tows has varied from year to year. Due to the fluctuation in the number of vehicle tows, the remaining compensation will not sustain the City for the remainder of the contract term or the final oneyear extension if the City chooses to exercise it. Additional compensation is required in order to continue to have vehicle tow services for City vehicles.
3. FISCAL IMPACT / BUDGET AMENDMENT:
$20,000 — each vehicle tow charged to the appropriate department/division 110-20-200.44001_022 Supplies Crime Scene/Investigate
110-20-210.46025 Outside Contract Labor
110-20-210.46032 Vehicle & Small Equipment Maintenance Parts 110-20-215.46025 Outside Contract Labor
110-30-300.46025 Outside Contract Labor
110-40-400.46025 Outside Contract Labor
110-50-500.46025 Outside Contract Labor
110-60-600.46025 Outside Contract Labor
110-61-620.46025 Outside Contract Labor
205-60-602.46025 Outside Contract Labor
205-60-604.46025 Outside Contract Labor
217-50-510.46025 Outside Contract Labor
246-60-600.46025 Outside Contract Labor
255-41-485.46025 Outside Contract Labor
110-40-405.46025 Outside Contract Labor
Agenda Staff Report
10/14/2025
410-51-530.46025 Outside Contract Labor
410-51-531.46025 Outside Contract Labor
410-51-532.46025 Outside Contract Labor
420-52-550.46025 Outside Contract Labor
426-40-415-241-001.43125_011 Maintenance Outside Contractor Repair 501-10-130.46025 Outside Contract Labor
110-40-410.46025 Outside Contract Labor
426-40-415-240-001.43125_011 Maintenance Outside Contractor Repair 426-40-415-243-001.46025 Outside Contract Labor
426-40-415-243-001.47452 Part-Preventative Bus Maint
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Turlock City Tow Amendment No. 2
CITY CONTRACT NO. 2022-87, Amendment No. 2
04/09/2025 {PLA}
AMENDMENT NO. 2
to the
Agreement between the
CITY OF TURLOCK
and
TURLOCK CITY TOW
THIS AMENDMENT NO. 2, dated October 14, 2025, is entered into by and between the CITY OF TURLOCK, a California municipal corporation (hereinafter "CITY") and TURLOCK CITY TOW, (hereinafter "SERVICE PROVIDER”).
WHEREAS, the parties hereto previously entered into an Agreement dated April 15, 2022, whereby SERVICE PROVIDER will perform vehicle tow services on an “as needed” basis (hereinafter the “Agreement”); and
WHEREAS, on December 3, 2024 the parties entered into Amendment No. 1 to the Agreement dated April 15, 2022, amending paragraph 7(c) AUTO INSURANCE whereby to lower the auto liability dollar threshold.
NOW, THEREFORE, the parties hereto mutually agree to amend said Agreement as follows:
1. Paragraph 4 of the Agreement is amended to read as follows:
”4. COMPENSATION: CITY agrees to pay SERVICE
PROVIDER additional compensation in the amount of Twenty Thousand and No/100ths Dollars ($20,000.00). The compensation for completion of all items of work, as set forth in the Agreement and this Amendment No. 2 shall not exceed Forty Thousand and No/100ths Dollars ($40,000.00). Such maximum amount shall be compensation for all of SERVICE PROVIDER's expenses incurred in the performance of the Agreement and this Amendment No. 2.”
5. 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.
6. All other terms and conditions of the Agreement shall remain in full force and effect.
CITY CONTRACT NO. 2022-87, Amendment No. 2
04/09/2025 {PLA}
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective officers thereunto duly authorized on the date first written hereinabove.
CITY OF TURLOCK, a municipal corporation TURLOCK CITY TOW By: _______________________________ By: ______________________________ Susan E. Borrego, Interim City Manager
Title: _____________________________
Date: _____________________________
Print name: ________________________
APPROVED AS TO SUFFICIENCY:
Date: _____________________________
By: _______________________________
Isaac Moreno, Finance Director
APPROVED AS TO FORM:
By: _______________________________
George A. Petrulakis, City Attorney
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
City Council Staff Report
October 14, 2025
From: Michael Harcksen, Fire Division Chief Operations
Prepared by: Christianne Burbank, Fire Administration Support Analyst Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Approving an agreement (City Contract No. 2026-049) with Scott's PPE Recon, Inc for the maintenance, testing, and repairs of protective ensembles, commencing on October 14, 2025, for a period of one (1) year, with two (2) additional one-year options to extend, in a total not-to-exceed amount of $99,000 to be expensed from Fund 110 "General Fund" account 110-30-300.43244 "Safety Clothing Repairs"
2. NARRATIVE:
In accordance with NFPA 1851, the City maintains rigorous standards for the inspection, maintenance, and testing of firefighter personal protective equipment (PPE). Chapter 8 of NFPA 1851 emphasizes the importance of routine and preventative maintenance to ensure PPE remains safe, effective, and fully functional, including cleaning, repair, and component replacement as needed. Chapter 11 outlines annual testing requirements, mandating that all PPE undergo comprehensive evaluations to verify structural integrity, performance, and compliance with manufacturer specifications. Adhering to these NFPA standards also ensures alignment with Cal/OSHA regulations, which require employers to provide and maintain PPE in safe, operable condition to protect employees from occupational hazards.
Scott's PPE currently provides regular documentation of maintenance and annual testing activities, which further supports regulatory compliance, risk mitigation, and the safety of all personnel.
This contract was piggy-backed off the City of San Jose's sonication number: PURRFQ2024.06.10079.
3. FISCAL IMPACT / BUDGET AMENDMENT:
All anticipated costs associated with maintenance, testing, and repairs of protective ensembles are fully budgeted each fiscal year within the Fire Department's Operating Budget. As such, no additional appropriation is required at this time.
The Purchasing Division has made the determination that this item does not require a competitive procedure due to TMC 2-7-08 (b) (5) that states, bidding is not required when engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in
Agenda Staff Report
10/14/2025
direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Service Provider Template rev 10-2025 - Scott's PPE
2. Exhibit A
CITY CONTRACT NO. 2026-49 1
{PLA2024}
10/2025
SERVICE PROVIDER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
SCOTT’S PPE RECON, INC
for
MAINTENANCE, TESTING, AND REPAIRS OF PROTECTIVE ENSEMBLES City Contract No. 2026-49
THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and SCOTT’S PPE RECON, INC., a California corporation (“Service Provider”), on this 14th day of October 2025 (the “Effective Date”). City and Service Provider may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform Service Provider servicesto assist City with the maintenance, testing and repairs of protective ensembles (the “Project”).
B. Service Provider has made a proposal to City to provide such Service Provider services. A description of the services Service Provider proposes to provide is included in the Scope of Services in Exhibit A attached hereto and incorporated herein by reference (“Services”).
City desires to retain Service Provider to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the schedule or timeline for providing the Services (“Completion Schedule”), which shall be included in the Scope of Services in Exhibit A.
D. The Parties have outlined the rates and method of payment to Service Provider for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
CITY CONTRACT NO. 2026-49 2
{PLA2024}
10/2025
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 52 of this Agreement, Sections 1 through 52 shall prevail
2. Term. The term of this Agreement shall be one (1) year and will commence on the Effective Date and terminate on the 13th day of October, 2026 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. City may elect to extend this Agreement for two (2) additional one (1) year term, on the same terms and conditions, upon issuing an “Election to Extend Agreement” letter executed by the City Manager and Service Provider thirty (30) days prior to the expiration of this Agreement.
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Service Provider shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of Service Provider’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Service Provider and, if necessary, amend the Completion Schedule or Compensation Schedule.
The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Service Provider mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
5.3. Service Provider Requested Modification in Services. Service Provider shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Service Provider provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set
CITY CONTRACT NO. 2026-49 3
{PLA2024}
10/2025
forth the Service Provider’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Service Provider’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Service Provider’s proposed revisions, if any, to the Compensation Schedule; and (b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Service Provider Services. City shall pay Service Provider according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Service Provider will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in Service Provider’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s annual compensation to Service Provider shall not exceed Thirty-Three Thousand and No/100ths Dollars ($33,000) and total compensation to Service Provider shall not exceed Ninety-Nine Thousand and No/100ths Dollars ($99,000) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Service Provider within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Service Provider of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Service Provider shall provide City with monthly invoices sufficiently evidencing Service Provider’s expenses and completion of the Services. All invoices furnished to City by Service Provider shall be in a form approved by City. The payments specified shall be the only payments made to Service Provider for performance of the Services, including compensation for any Modification. Service Provider shall submit all billings for Services to City within fortyfive (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Service Provider shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).
8. Time of Performance. Service Provider warrants that it will commence performance of the Services within ten (10) calendar day(s) of the date the agreement was executed and shall conform to the Completion Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
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9. City Assistance to Service Provider. [Intentionally Omitted]
10. Time and Personnel Devoted to Services. Service Provider shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Service Provider. Service Provider will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Service Provider. Service Provider is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing.
Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Service Provider. City relies upon the following representations by Service Provider in entering into this Agreement:
12.1. Qualifications. Service Provider represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Service Provider shall also ensure that all subcontractors are similarly licensed and qualified. Service Provider and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Service Provider represents and warrants to City that Service Provider shall, at Service Provider's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Service Provider to practice Service Provider's profession at the time the Services are rendered.
12.2. Service Provider Performance. Service Provider represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by providers of the Services to be provided. Service Provider shall adhere to accepted Service Provider standards as set forth by relevant Service Provider associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted Service Provider customs, procedures and standards for such Services. Service Provider agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Service Provider shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Service Provider, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Service Provider
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to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Service Provider may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Service Provider represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety. Service Provider shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Service Provider must be in accordance with these laws, ordinances, codes and regulations. Service Provider’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Service Provider 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 Service Provider's subcontractor, if any; (c) name and address of Service Provider's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City. Service Provider shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. Confidentiality. Service Provider understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Service Provider 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”).
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Service Provider 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 Service Provider written authorization to make any such disclosure, Service Provider shall do so only within the limits and to the extent of that authorization. Service Provider may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Service Provider agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Service Provider may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Service Provider shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
15. Excusable Delays; Notice to Other Party of Delay. Service Provider 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 Service Provider. Force Majeure does not include: (a) Service Provider’s financial inability to perform; (b) Service Provider’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Service Provider’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 Service Provider.
16. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
17. Suspension of Services by City. City reserves the right to suspend Service Provider's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Service Provider notice of such suspension and Service Provider shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Service Provider, the Service Provider shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Service Provider's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Service Provider shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Service Provider during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Service Provider within thirty (30) days of Service Provider resuming Services, the amount of such
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additional compensation, if any, that is required to appropriately compensate the Service Provider for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Service Provider no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
18. 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, Service Provider or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Service Provider or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Service Provider or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Service Provider hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Service Provider may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Service Provider agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Service Provider's Services hereunder. Service Provider shall have no ownership interest in such Products.
All work product of Service Provider under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Service Provider agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
19. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Service Provider. In the event City shall give such notice of termination, Service Provider shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
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(a) Service Provider shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Service Provider or before Service Provider commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Service Provider. If City terminates this Agreement after City has issued the Notice to Proceed to Service Provider and after Service Provider has commenced performance under this Agreement, City shall pay Service Provider the reasonable value of the Services rendered by Service Provider pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services.
Service Provider shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Service Provider prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Service Provider prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Service Provider after the date of the notice of termination.
20. Assurance of Performance. If, at any time, City believes Service Provider may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Service Provider for written assurances of performance and a plan to correct observed deficiencies in Service Provider's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
21. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Service Provider did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Service Provider'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 Service Provider.
City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services required by this Agreement.
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22. Non-Discrimination. In its performance of the Services, Service Provider shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
23. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Service Provider arising out of or relating to this Agreement or the breach thereof, including claims of Service Provider for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “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 this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Service Provider, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
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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 as provided in 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.
24. Insurance Coverage. During the Term, the Service Provider, at its own cost and expense, shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers admitted in California with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance. Service Provider shall maintain coverage as follows:
24.1 Commercial General Liability. Service Provider shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in the amount of no less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.
24.2 Workers’ Compensation Insurance and Employer's Liability. Service Provider shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability with limits of One Million Dollars ($1,000,000.00) each accident or disease. Service Provider 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.
24.3 Professional Liability. [Intentionally Omitted]
24.4 Commercial Automobile Liability Insurance. Service Provider shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) in the amount of no less than One Million Dollars ($1,000,000.00) or greater each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included
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or named as additional insureds. If Service Provider owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
24.5 Umbrella or Excess Policy. Service Provider may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying policies of insurance. No 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 Service Provider’s primary and excess liability policies are exhausted.
24.6 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.
25. Additional Insurance Requirements. Within five (5) days of the Effective Date, Service Provider 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 Service Provider 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. If a carrier will not provide the required notice of cancellation, the Service Provider shall provide written notice to the City no later than ten (10) business days before cancellation; (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 Service Provider and shall be endorsed to state such; (c) name City of Turlock as a certificate holder; (d) cover products and completed operations of Service Provider, premises owned, occupied, or used by the Service Provider, or automobiles owned, leased, or hired or borrowed by the Service Provider; contain no special limitations on the scope of protection afforded to City; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Service Provider’s insurance and shall not contribute to it; (f) contain standard separation of insured provisions; and (g) 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.
26. Indemnifications.
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26.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Service Provider shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Service Provider or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Service Provider, or any direct or indirect subcontractor, employee, contractor, representative or agent of Service Provider, or anyone that Service Provider controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Service Provider, the Service Provider waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
26.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider 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 Service Provider or by any individual or agency for which Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Service Provider.
27. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
28. Independent Contractor. At all times during the Term, Service Provider shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Service Provider performs the Services required under this Agreement. Service Provider 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 Service Provider. City shall have the right to control Service Provider only insofar as the result of Service Provider’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes Services rendered pursuant to this Agreement.
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29. Service Provider Not Agent. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
30. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Service Provider.
31. 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: Shanon Evans
244 N. Broadway
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Service Provider: Scott’s PPE Recon, Inc
Attn: Ralph Scott
827 Black Diamond Way, Ste C
Lodi, California 95240
32. City Contract Administrator. City’s Contract Administrator and contact person for this Agreement is:
Turlock Fire Department
Christi Burbank
244 N. Broadway
Turlock, California 95380
Telephone: (209) 668-6572
E-mail: [email protected]
33. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
34. Use of City Project Number. [Intentionally Omitted]
35. Modification. No alteration, amendment, modification, or termination of this Agreement
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shall be valid unless made in writing and executed by all of the Parties to this Agreement.
36. 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.
37. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
38. 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.
39. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
40. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
41. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
42. Severability. 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.
43. 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
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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.
44. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Service Provider’s charges to City under this Agreement.
45. 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. 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.
46. 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.
47. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
48. 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.
49. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
50. 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.
51. 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.
52. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
CITY CONTRACT NO. 2026-49 16
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[Signatures on Following Page]
CITY CONTRACT NO. 2026-49 17
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
CITY OF TURLOCK, a California
municipal corporation
By:
Susan E. Borrego, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Shanon Evans, Deputy Fire Chief
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
SERVICE PROVIDER
Scott’s PPE Recon,
a California corporation
By:
Print Name:
Title:
Date
City Council Staff Report
October 14, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Mark Crivelli, Recreation Supervisor
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Affirming Community Events and Activities Grants awards totaling $7,000 funded by Fund 120 "Tourism" in Fiscal Year 2025 - 2026
2. NARRATIVE:
Grant funding for the Community Events and Activities Grants (CEAG) Program has a budget of $60,000 for Fiscal Year 2025-2026. The grant funding is derived from the transient occupancy tax that hotel guests pay when staying in a Turlock hotel.
For the cycle being funded in Fiscal Year 2025-2026, accommodating events taking place between July 1, 2025, and June 30, 2026, twenty (20) organizations presented on twentysix (26) events at the April 9, 2025, Parks, Arts, & Recreation Commission (PARC) special meeting, resulting in a total funding request of $75,600.00.
The Commission scored each event based on the information contained in the application and the presentation. As directed, staff tallied the scoresheets and ranked the events by their cumulative average for the Council’s review and consideration.
All applicants are required to complete a Conflict of Interest Disclosure Screening Form as part of the City’s standard screening process. This process is separate from and not considered during the Parks, Arts, and Recreation Commission’s evaluation, which is based solely on the merits of the applications and presentations. Staff review each submission to determine whether an applicant’s disclosures raise any actual or perceived conflicts of interest; any potential concerns are reviewed by the City Attorney’s Office. In some cases, applicants may be deemed ineligible to receive funding based on the results of this review.
On July 22, 2025, Council approved the recommendation totaling $53,000 for the initial round of the CEAG program. This prompted the PARC to reevaluate the remaining applications for the remaining $7,000 in CEAG funding.
Following the second evaluation at the PARC special meeting scheduled on October 1, 2025, the PARC recommend that the City Council approve funding for the events listed in the Draft Resolution.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Appropriate budget allocation has been requested during the budget process for Fiscal Year 2025-2026 in Fund 120 “Tourism” account 120-10-120.47315 “Community Grants Program” in the amount of $7,000. Grant funding will be distributed according to City Council’s directive following approval of the proposed action.
Agenda Staff Report
10/14/2025
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Draft Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, the City of Turlock has established the Community Events and Activities Grants (CEAG) Program to support local events that enhance community engagement and increase tourism by attracting visitors to the City; and WHEREAS, the CEAG Program is funded by the Tourism Fund (Fund 120), supported by the Transient Occupancy Tax collected from Turlock hotel stays, with $60,000 appropriated for Fiscal Year 2025-2026 in account number 120-10-120.47315 “Community Grants Program”; and
WHEREAS, on April 9, 2025, the Parks, Arts, and Recreation Commission (PARC) evaluated twenty-six (26) event applications submitted by twenty (20) organizations for CEAG funding consideration, with total funding requests exceeding the available budget; and
WHEREAS, the Commission used a standardized scoring process to evaluate all eligible applications and recommended funding in accordance with the cumulative average scores; and
WHEREAS, City staff conducted a separate Conflict of Interest Disclosure Screening review for all applicants, in coordination with the City Attorney’s Office, and excluded applications that were either disqualified due to a conflict of interest or had not yet completed the required conflict of interest disclosure process from the funding recommendation herein; and
WHEREAS, on July 22, 2025, Council approved the recommendation totaling $53,000 for the initial round of the CEAG program, prompting the PARC to reevaluate the remaining applications for the remaining $7,000 in CEAG Funding; and WHEREAS, on October 1, 2025, at the scheduled special meeting, the PARC reevaluated the remaining applicants and events for the final round of funding for Fiscal Year 2025 - 2026; and
WHEREAS, staff has recommended funding five (5) eligible applications totaling $7,000 in unallocated CEAG funds for Fiscal Year 2025-2026; and }
}
}
}
}
}
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}
IN THE MATTER OF AFFIRMING
COMMUNITY EVENTS AND ACTIVITIES
GRANTS AWARDS TOTALING $7,000
FUNDED BY FUND 120 "TOURISM" IN
FISCAL YEAR 2025 - 2026
Resolution No. 2025-
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 by the City Council of the City of Turlock as follows:
1. That the City Council affirms the allocation of $7,000 in Fiscal Year 2025-2026 for Community Events and Activities Grants funds from Fund 120 “Tourism” for the following events:
Event Organization Award Amount
Annual Spring Family Fun Day Turlock Moms Club $2,000
Dinner Series Turlock Senior Citizens $1,250
Open House Turlock Senior Citizens $1,250
58th Annual Assyrian State
Convention: Nineveh Night
Assyrian United Organization
of California $1,250
58th Annual Assyrian State
Convention: Ishtar Night
Assyrian United Organization
of California $1,250
Total $ 7,000
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October, 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
October 14, 2025
From: Sue Borrego, Interim City Manager
Prepared by: Jennifer Figueroa, Housing Program Manager Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Awarding the bid and approving an agreement with CAS Construction, in the amount of $30,200.00, authorizing a contingency amount of $4,530.00 (15%), for a total project cost of $34,730.00. $34,730.00 to be paid from Fund 625 “Successor Agency-LMI” account 625-10-199.47310 “Property Maintenance” for the maintenance and repair of a single-family residential property located at 591 Birchwood Way in Turlock and authorizing the Interim City Manager to sign all necessary documents.
2. NARRATIVE:
The City of Turlock currently owns five (5) residential properties that were purchased with the intent to rehabilitate the units, as needed, to meet housing quality standards, and transfer the properties either to qualified non-profit agencies to provide and sustain affordable housing units within the City of Turlock or sell the homes to income eligible first-time homebuyers. Of the five (5) properties, one (1) is in acceptable condition and does not require rehabilitation, three (3) are currently being rehabilitated and one (1) requires necessary maintenance and repairs.
On September 22, 2025, Housing Division staff distributed a bid invitation via email to all contractors on the division’s pre-approved contractor’s list. The invitation included a brief description of the property located at 591 Birchwood Way in Turlock. In accordance with the division’s policies and procedures, a walk-through was conducted on September 29, 2025, for interested contractors. During the walk-through, staff provided a scope of work for the property, draft contracts, and addressed any questions from the contractors. By the bid deadline on October 6, 2025, three (3) bids were received.
Bid Summary:
BIDDER BID AMOUNTS
Zack's Handyman and Construction $ 37,221.00
New Century $ 36,390.00
CAS Construction $ 30,200.00
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with CAS Construction as the lowest reasonable bid with a bid amount of $30,200.00. This project is anticipated to be completed by November 23, 2025.
Staff is requesting a 15% contingency. Due to the amount of the project, staff are requesting an additional contingency to cover unexpected costs.
Agenda Staff Report
10/14/2025
3. FISCAL IMPACT / BUDGET AMENDMENT:
Funds have been appropriated in Fund 625 "Successor Agency-LMI" account 625-10- 199.47310 “Property Maintenance” for this contract.
4. ENVIRONMENTAL DETERMINATION:
This project is using solely state funding. Therefore, NEPA does not apply.
The work proposed does not have the potential to cause a physical change, either directly or indirectly, in the environment. Therefore, in accordance with CEQA Section 15378, this work does constitute a project under CEQA.
5. ATTACHMENTS:
1. 591 Birchwood Way CAS Const-Construction Contract
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CITY CONTRACT NO. 2026-073
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CITY PROJECT
CONSTRUCTION AGREEMENT
City Contract No. <2026-073>
THIS AGREEMENT, made and entered into on October 14, 2025, between City of Turlock of 156 S. Broadway, Suite 140, Turlock, hereinafter referred to as "OWNER," and CAS Construction of 1855 East Tuolumne Road, Turlock, California, 95382 holding California State Contractor's License No.# 1018974 Classification B-General Building Contractor and hereinafter referred to as "CONTRACTOR." In consideration of the following mutual covenants, and conditions, CONTRACTOR and OWNER agree as follows:
Section 1. Description of Work:
The scope of the work to be performed by CONTRACTOR on OWNER's property, located at 591 Birchwood Way, Turlock, California, shall be as specified in the Work Write-up, dated October 6, 2025, attached here to marked as Exhibit "A," incorporated herein by reference and hereinafter referred to as the "PROJECT," and any properly executed Change Orders made in conformance with Section 5 of this AGREEMENT.
All work to be performed pursuant to this AGREEMENT shall be performed in strict conformance with and to the exact standards established in the CITY OF TURLOCK
HOUSING AND PROGRAM SERVICES DIVISION REHABILITATION PROGRAM A GUIDE TO REHABILITATION STANDARDS Manual attached hereto marked as Exhibit "B" and incorporated herein by this reference as though set forth in full. No oral agreements relative to the work shall be binding on CONTRACTOR or OWNER.
Section 2. Time of Completion:
The CONTRACTOR shall begin work within Ten (10) calendar days of the OWNER's issuance of Order to Proceed, and shall complete the work within Thirty (30) calendar days after issuance of the Order to Proceed.
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Section 3. CONTRACTOR's Responsibilities:
a. The CONTRACTOR certifies as part of entering into this AGREEMENT that neither it or nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this AGREEMENT by any federal agency or by any department, agency or political subdivision of the state.
b. The CONTRACTOR shall supervise and direct the work, using its best skill and attention.
c. The CONTRACTOR shall be responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under this AGREEMENT.
d. The CONTRACTOR shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for the proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated into the work.
e. The CONTRACTOR warrants that all materials and equipment incorporated into the work will be new unless otherwise specified, and that all work will be of good quality. f. The CONTRACTOR will pay all sales, consumer, use and similar taxes, and shall secure and pay governmental fees, licenses, and inspections necessary for the proper execution and completion of the work.
g. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful order of any public authority bearing on the performance of the work.
h. The CONTRACTOR shall keep the premises free from accumulation of waste materials or rubbish caused by their operations. At the completion of the work, the CONTRACTOR shall remove all of the waste materials and rubbish from the work area as well as tools, construction equipment, machinery, and surplus materials. i. The CONTRACTOR shall guarantee to OWNER the work performed for a period specified by State law, in any event no less than one (1) year and in compliance with California Civil Code 896 thru Code 917, from the date of final acceptance of all work required by the AGREEMENT.
j. The CONTRACTOR shall be solely responsible for providing safe conditions for the performance of the work and for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the work. k. The CONTRACTOR shall promptly remedy damage and loss to the property to the extent caused in whole or in part by the CONTRACTOR, or by anyone for whose acts it may be liable, except damage or loss attributable to acts or omissions of OWNER or anyone directly or indirectly employed by it, or by anyone for whose acts OWNER may be liable and not attributable to the fault or negligence of the CONTRACTOR.
l. The CONTRACTOR shall furnish the OWNER with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment under this AG m. The CONTRACTOR will be responsible for all materials at the job site prior to, and during installation.
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Section 4. OWNER's Responsibilities:
a. The OWNER shall pay for the building permit(s) cost. b. The OWNER shall permit the CONTRACTOR to use, at no cost, existing utilities, such as light, heat, natural gas, power and water necessary to carrying out the completion of the work.
c. The OWNER shall issue a written Order to Proceed within thirty (30) days from the date of this AGREEMENT.
d. The OWNER will be entirely responsible for their property and any materials after installation.
e. The OWNER shall not unreasonably interfere with CONTRACTOR in his execution of the work.
f. The OWNER shall be familiar with the scope of the work and shall watch over the work in order to be satisfied that it is being carried out in all respects in accordance with the Work Write-up. Notwithstanding the preceding sentence, the CONTRACTOR shall be solely responsible for and have control over the work and shall be responsible to the OWNER for acts and omissions of the CONTRACTOR’s employees, subcontractors and other persons or entities performing portion of the work for or on behalf of the CONTRACTOR.
Section 5. Work Change Orders:
The OWNER, without invalidating the Contract, may from time to time, order changes in the work to be performed under the Contract, consisting of additions, deletions or other revisions ("Change Order"). Such changes, including, without limitation, any increase or decrease in the Contract sum or Contract time shall be authorized only by written Change Order signed by the OWNER. No adjustment in the Contract time or Contract sum shall be permitted, however, in connection with a concealed or unknown condition that does not differ materially from those conditions disclosed or that reasonably should have been disclosed by the CONTRACTOR's prior inspections or inspections that the CONTRACTOR had the opportunity to make or should have performed in connection with the work. In the absence of an executed Change Order, no (1) course of conduct or dealings between the parties, nor (2) express or implied acceptance of alterations or additions to the work, nor (3) any claim that the OWNER has been unjustly enriched by any alterations or addition to the work (whether or not there is in fact any such unjust enrichment) shall be basis for any claim by the CONTRACTOR to increase the Contract sum or to change the Contract time. In the event the CONTRACTOR utilizes any components that reduce the Contract sum, or otherwise reduces the costs of materials necessary to complete the work, then the OWNER shall be entitled to such savings through a deductive Change Order.
Section 6. 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
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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 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.
b. In accordance with the provisions of Section 1773.3 of the Labor Code, OWNER 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.
c. Wages & Hours of Employment: In the performance of the work 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 OWNER for each worker employed in the execution of the Contract by CONTRACTOR or its subcontractor(s), for each calendar day during which any worker 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.
Section 7. Agreed Payment to CONTRACTOR:
OWNER agrees to pay CONTRACTOR for the described work the total sum of Thirty Thousand Two Hundred Dollars ($30,200.00). Payment of this amount is subject to additions or deductions in accordance with Sections 11 and 5 hereof, and other documents to which this AGREEMENT is subject.
Section 8. Payments:
a. The Contractor shall submit monthly invoices for work performed. Payments shall be made based on the submitted invoices within twenty (20) days after the work covered by such invoice has been approved as satisfactorily completed, and after the OWNER receives and authorizes payment for the CONTRACTOR's invoice.
OWNER shall withhold from each payment ten percent (10%) of the invoiced amount as retention.
b. For the purposes of this AGREEMENT, "Approved as satisfactorily completed work" shall mean that the work described in Section 1, herein above, has been performed in strict accordance with and to the exact standards established by Exhibits A and B which have been incorporated herein and have been made a part hereof as though set forth in full per Section 1, herein above, as well as any and all properly executed
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Change Orders made in conformance with Section 5, herein above, and any and all other legal requirements in reasonable judgment of the OWNER. c. If the performed work is not approved as satisfactorily completed work due to its failure to meet the standards established by Exhibits A and B referenced in Section 1 of this AGREEMENT, then such work shall be considered substandard and incomplete and no progress payment pursuant to the progress payment schedule established herein below shall be due.
Section 9. Final Payment:
OWNER shall approve release of the final payment consisting of the retention of 10% of the total invoiced amount (“Final Payment”) only when all of the following have occurred:
(i) the Scope of Work Write Up is approved as satisfactorily completed work, in accordance with this AGREEMENT,
(ii) a certificate of occupancy for the Project has been issued; (iii) a final inspection has been approved by the City of Turlock Building Department;
(iv) OWNER has cleared all items on the punch list;
(v) CONTRACTOR has submitted a signed and recorded Notice of Completion;
(vi) CONTRACTOR has provided to the OWNER recorded Unconditional Lien Releases from all subcontractors; and
(vii) CONTRACTOR has provided to the OWNER copies of all complete installation, operation and maintenance manuals for all equipment or materials used in the work and has assigned all warranties to the OWNER.
.
Section 10. Contractor's Obligation to Maintain Lien-Free Title.
If any claim of mechanic's lien or stop notice is filed or made against OWNER’s property in connection with the work, the CONTRACTOR shall immediately pay and fully discharge the mechanic's lien or stop notice claim, or, in the alternative, may deliver to OWNER a release of lien or stop notice by surety bond in a legally sufficient form and amount to discharge the mechanic's lien or stop notice. If the CONTRACTOR fails to immediately provide the documentation, deposits, records of payment or surety bonds required by this Section, OWNER may (1) obtain any deposits or surety, or (2) make payments to claimants against the work, the CONTRACTOR, OWNER or OWNER's affiliates in good faith, as reasonably required to release the mechanic's lien or stop notice claim. OWNER may withhold the cost of obtaining such deposits or surety or of making such payments from any payment that would otherwise be due to the CONTRACTOR. Failure of OWNER to withhold any or part of any payment pursuant to this paragraph shall not be a waiver of any right of OWNER under this Contract.
Withholding of any payment or part of any payment by OWNER pursuant to this paragraph shall not be a breach of this Contract.
Section 11. Delays and Extensions of Time:
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a. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the OWNER, or by any separate contractor employed by the OWNER, or by changes ordered in the work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties, severe weather, inability to acquire materials due to shortages or supply chain issues, local, state or federal emergency restrictions, or any causes beyond the CONTRACTOR's control or due to pending arbitration, or by any other cause which is beyond the control of the CONTRACTOR, the time for completion shall be extended for such reasonable time as the OWNER shall determine if the OWNER determines that such delay is justified based on the circumstances. CONTRACTOR shall not be entitled to an extension of the time for performance pursuant to this section unless and until CONTRACTOR provides written notice to the OWNER of the cause for such delay. b. The time of completion may also be extended for the benefit of the OWNER if the OWNER determines that such extension is reasonable and necessary and will not cause a hardship on the CONTRACTOR.
c. A request for a time extension for any of the reasons set forth above must be made in writing and submitted to the OWNER no later than ten (10) days after the occurrence or claimed occurrence of unavoidable delay.
Section 12. Liquidated Damages from CONTRACTOR
Should the CONTRACTOR fail to complete the work called for in the AGREEMENT within the time fixed in the AGREEMENT for such completion, due allowance being made for the contingencies provided for in Section 11, the CONTRACTOR shall become liable to the OWNER or the OWNER's tenant for all loss and damages which the OWNER or the OWNER's tenant may suffer on account thereof as a result of having gone beyond the time fixed by the AGREEMENT. Specifically, the amount shall be Two Hundred Dollars ($200.00) per day per dwelling unit for each day the work remains uncompleted beyond the time for completion. CONTRACTOR expressly allows OWNER to deduct such amounts from the amount owed to the CONTRACTOR under this AGREEMENT.
Section 13. OWNER's Right to Terminate Agreement:
The OWNER may terminate this AGREEMENT by providing a written Termination Letter via U.S. first class mail and/or email to CONTRACTOR at the address listed in this AGREEMENT for any of the following reasons:
a. CONTRACTOR's insolvency, bankruptcy or any conduct or condition which has resulted in a monetary loss to OWNER in connection with work, or which reasonably threatens any such loss.
b. CONTRACTOR's abandonment of the job for a period of ten (10) days, or failure to commence the work in accordance with Order to Proceed by the OWNER. c. Failure on the CONTRACTOR's part to complete the work within the allotted time, due allowance made for any extension(s) made as set forth in Section 11 of this AGREEMENT.
d. CONTRACTOR's failure to comply with the provisions of Section 15, Resolution of Disputes.
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e. CONTRACTOR's assignment without OWNER's prior written consent of this AGREEMENT or any interest in it.
In addition to the above causes for termination, the OWNER may, at any time, terminate the Contract for the OWNER's convenience and without cause. Upon receipt of written notice from the OWNER of such termination for the OWNER's convenience, the Contractor shall: (i) cease operations as directed by the OWNER in the notice; (ii) take actions necessary, or that the OWNER may direct, for the protection and preservation of the work; and (iii) except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. In case of such termination for the OWNER's convenience, the CONTRACTOR shall be entitled to receive payment for work properly executed pursuant to the Contract prior to termination.
Section 14. CONTRACTOR's Right to Terminate Agreement:
The CONTRACTOR may terminate this AGREEMENT by providing a written Termination Letter via U.S. first class mail and/or email to OWNER at address listed in this AGREEMENT for any of the following reasons:
a. OWNER's unreasonable and continued interference with the work. b. OWNER's refusal to allow CONTRACTOR or subcontractors or workers access to OWNER's property or building(s).
c. OWNER's failure to issue an Order to Proceed to CONTRACTOR within thirty (30) days of the date of this AGREEMENT.
d. OWNER's failure to comply with the provisions of Section 15, Resolution of Disputes.
Section 15. Resolution of Disputes:
a. If any dispute arises relating to the quality or quantity of materials or workmanship or anything pertaining to the work, the OWNER and CONTRACTOR shall attempt to settle the dispute between themselves without litigation by following the below process:
b. OWNER and CONTRACTOR shall first discuss said dispute with the City of Turlock Housing Program Services Division Manager within five (5) business days of the dispute.
c. In the event that the dispute remains unresolved, then the OWNER and CONTRACTOR shall appeal such dispute to the City of Turlock Development Services Department Director within five (5) business days of the above-referenced discussion with the Housing Program Services Division Manager. d. If the dispute is not resolved at this level, the parties may appeal such to the Turlock City Manager within five (5) business days of the above-referenced discussion with the Development Services Department Director
e. If the parties are unable to reach settlement through their appeal to the City Manager, then they are free to pursue all of their legal remedies as provided by California law.
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Section 16. Settlement of Claims in the Event of Termination of Agreement:
In the event of termination of this AGREEMENT under the provisions of Section 13 or Section 14 of this AGREEMENT, it is hereby recognized by OWNER and CONTRACTOR that, under the particular circumstances, both OWNER and CONTRACTOR may have cause to make a claim against the other for services, money or damages. If the OWNER and CONTRACTOR cannot agree to a settlement of any such claim between themselves, then both OWNER and CONTRACTOR agree to follow the provision of Section 15, Resolution of Disputes reflected in this AGREEMENT.
Section 17. Indemnification:
CONTRACTOR shall defend indemnify and save harmless OWNER and each of their elected and appointed officers, employees, agents, successors and assigns of and from:
a. Any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities, in law or in equity, of every kind and nature whatsoever, arising out of or in any manner directly or indirectly connected with the work to be performed under this AGREEMENT, however caused, regardless of any negligence of OWNER or its officers, employees, agents, successors and assigns, be it active or passive, except for the sole negligence or willful misconduct of OWNER, or its officers, employees, agents, successors and assigns; and,
b. Any and all penalties imposed on account of the violation of any law or regulation, compliance with which is the obligation of CONTRACTOR. CONTRACTOR shall exonerate, indemnify, pay and protect, defend (with attorneys approved by City of Turlock) and save City of Turlock, and the officers, employees and agents of City of Turlock, harmless from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, taxes, assessments, liabilities (including sums paid in settlements of claims), interest or losses, consultant fees, and expert fees, together with all other costs and expenses of any kind or nature that arise directly or indirectly in connection with the presence, suspected presence, release or suspected release of any hazardous materials or substances in or into the air, soil, groundwater, surface water or improvements at, on, about, under or within the PROJECT property, or any portion thereof, or elsewhere in connection with the transportation of hazardous materials or substances to or from the property. Without limiting the generality of the foregoing, the indemnification provided by this Section 17 shall specifically cover costs, including capital, operating and maintenance costs, incurred in connection with any investigation, or monitoring of site conditions, any clean-up, containment, remedial, removal or restoration work required or performed by any federal, state or local governmental agency or political subdivision or performed by any nongovernmental entity or person because of the presence, suspected presence, release or suspected release of any hazardous materials or substances in or into the air, soil, groundwater, surface water, or improvements at, on, about, under, or within the PROJECT property, or any portion thereof, or
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elsewhere in connection with the transportation of hazardous materials or substances to or from the PROJECT property and any claims of third parties for loss or damage due to such hazardous materials or substances. c. To the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.8), CONTRACTOR shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s elected and appointed officers, commissioners, directors, employees, agents and representatives (“City’s Agents”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of CONTRACTOR or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of CONTRACTOR, or any direct or indirect subcontractor, employee, contractor, representative or agent of Contractor, or anyone that Contractor controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the CONTRACTOR, the CONTRACTOR waives any and all rights of any type of express or implied indemnity against City and City’s Agents d. The above provisions shall in no event be construed to require indemnification by CONTRACTOR or OWNER in excess of that permitted under the public policy and laws of the State of California.
Section 18 Insurance Policy:
a. The CONTRACTOR is to provide written proof of insurance by issuing copies of certificate of all insurance within (5) days of the Agreement effective date to the OWNER. OWNER shall be listed as the Certificate Holder on the certificate of insurance.
b. Insurance Coverage. During the Term, the CONTRACTOR shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide OWNER with written proof of said insurance. CONTRACTOR shall maintain coverage as follows:
c. General Liability. CONTRACTOR shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
d. Workers’ Compensation Insurance and Employer's Liability. CONTRACTOR shall carry workers’ compensation insurance as required by the State of California under the Labor Code. CONTRACTOR shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.
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e. Commercial Automobile Liability. CONTRACTOR shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles. f. 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 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. g. Additional Insureds. The OWNER shall be named as additional insureds on all policies of insurance required by this Agreement.
h. Waiver of Subrogation. 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 and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of OWNER for all work performed by CONTRACTOR, its agents, employees, independent contractors, and subcontractors. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
Section 19. General Provisions:
a. When applicable, the CONTRACTOR agrees to perform the work required by this AGREEMENT and the OWNER agrees that neither it nor it employees, agents or representatives will unreasonably hinder the CONTRACTOR in performing the work. b. The parties to this AGREEMENT further state that, to the best of their knowledge, no member of the governing body of the City of Turlock and no employee of the City of Turlock, who exercises any functions or responsibilities in connection with the carrying out of the project to which this AGREEMENT pertains, has any personal interest, direct or indirect, in this AGREEMENT.
c. The CONTRACTOR shall present the property in a usable and safe condition at the end of each work day.
d. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, genetic information or any other protected characteristic under applicable law. The CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, disability, marital status, veteran status, sexual orientation, genetic information or any other protected characteristic under applicable law. e. The CONTRACTOR shall not load or permit any part of the structure to be loaded with a weight during the period of construction which will endanger the safety of persons or property.
f. OWNER and CONTRACTOR agree to abide by applicable City of Turlock Housing Program Services Division guidelines and procedures.
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g. OWNER and CONTRACTOR acknowledge that the recording of false, fictitious or fraudulent statements or entries on any document provided to City may be punishable as a felony under federal status, including 18 U.S.C Chapter 47. h. The parties to this AGREEMENT further acknowledge that the Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from this contract.
i. This Contract may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed an original, and all of which together shall constitute one and the same instrument. This Contract shall become effective when the Parties have duly executed and delivered signature pages of this Contract to each other. Delivery of this Contract may be effectuated by hand delivery, mail, overnight courier or electronic communication (including by PDF sent by electronic mail, facsimile or similar means of electronic communication). Any signatures (including electronic signatures) delivered by electronic communication shall have the same legal effect as physically delivered original signatures.
Section 20 Additional Requirements
a. The CONTRACTOR shall comply with all applicable federal, State and local laws and regulations, including, but not limited to:
b. Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
c. Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction or repair)
d. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation)
e. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $100,000 for other contracts which involve the employment of mechanics or laborers)
f. CONTRACTOR shall provide access to the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Contractor which are directly pertinent to this AGREEMENT for the purpose of making audit, examination, excerpts, and transcriptions.
g. Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. h. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), Section 508 of the Clean
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Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
i. The CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Acc, as Amended, 33 U.S.C Section 1251 et, seq, (Contracts, subcontracts, and subgrants of amounts in excess of $150,000).
j. Compliance with Rights to inventions made by Nonprofit Organizations and Small Business Firms under government grants, contracts agreements as per [37 CFR Part 401].
k. Contracts in excess of $100,000 must include certification from CONTRACTOR that they will not and have not used CCFP (Federal appropriate) funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT pursuant to Tile 31 United State Code §1352. (Bryd Anti-Lobbying Amendment). l. Compliance with the section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) m. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that this contract is funded entirely or in part by federal funds. The Contractor will comply with all applicable federal law, regulations, executive orders, Federal Emergency Management Agency, and Department of Housing and Urban Development policies, procedures, and directives, including, but not limited to. n. Compliance by the CONTRACTOR and/or OWNER to meet the Violence Against Women (VAWA) requirements: [24CFR9.359] and [24CFR92.504 (c)(4)(ii)]. o. Compliance by the CONTRACTOR and/or OWNER to meet the Minority Business Enterprise (MBE) / Women’s Business Enterprise (WBE) as per Executive order 11625 and 12432 and Executive order 12138.
p. Compliance by the CONTRACTOR and/or OWNER with the confirmation of Data Universal Numbering Systems (DUNS) number is accurate and is registered on Sams.gov.
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THIS AGREEMENT IS APPROVED AND ACCEPTED AS OF THIS OCTOBER 14, 2025.
PROFESSIONAL
By:
Print Name: Charles Sharlou________
Title: Owner _____
Date
By: CAS Construction By: «City Representative Name»
1855 E Tuolumne Road «Title»
Turlock, California 95382
(209) 620-1097
Duns#_________________ («Owner’s Phone#»
Sams# HUEMX8972K53
Contractor License # 1018974
CITY
City of Turlock, a California
municipal corporation
By:
Susan E. Borrego, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Susan E. Borrego, Interim City Manager
Date: ________________________________
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
Date: ________________________________
ATTEST:
By:
Nichole Fiez, City Clerk
Date: ________________________________
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NOTICE TO OWNER
Under the Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier or other persons who helps to improve your property and is not paid for his labor, services or materials, has the right to enforce his claim against your property.
Under the law, you may protect yourself against such claims by filing, before commencing such work or improvement an original AGREEMENT for the work of improvement or a modification thereof, in the office of the county recorder of the county where the property is situated and requiring that the contractor's payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the AGREEMENT price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract.
NOTICE OF RIGHT OF RESCISSION
You have entered into a transaction on October 14, 2025 which could result in a lien or other security interest on your home. You have a legal right under federal law to cancel the transaction, if you desire to do so, without any penalty or obligation within three (3) business days from the above date. If you decide to cancel this transaction, you may do so by notifying the CONTRACTOR whose name and address appear within this document by mail or telegram sent no later than midnight of October 17, 2025.
I (we) acknowledge receipt of two copies of this Notice.
Date:
Charles Sharlou
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ORDER TO PROCEED
DATE: October 14, 2025
CONTRACTOR'S NAME: Charles Sharlou of CAS Construction
ADDRESS: 1855 E Tuolumne Road, Turlock, California 95382 In connection with AGREEMENT dated October 14, 2025, for rehabilitation work at 591 Birchwood Way, Turlock, CA 95380, and your commencement date is October 15, 2025, and you must start work within 10 calendar days.
Project is due for final on or before November 23, 2025.
By:
Susan E. Borrego, Interim City Manager
Date: ___________________________________
Copies
1. Owner
2. Contractor
3. Rehab Spec.
4. File
A GUIDE TO
REHABILITATION STANDARDS
HOUSING PROGRAM SERVICES DIVISION
Adopted June 11, 2024
I
PREFACE
"A GUIDE TO REHABILITATION STANDARDS" has been developed to serve as an explanation of methods and materials to be used in the rehabilitation of residential dwellings. The guide is based on the combined criteria of various sources; the state, national and California building codes, and the ordinances, regulations and other requirements, all as adopted by the City of Turlock, including the specifications and standards developed by the various manufacturers and trade organizations in the industry. This guide may also be referred to as "standard specifications." It is intended to maintain this guide current, by amending it periodically. Every attempt will be made to notify the participants in the Program of any future changes made herein. However, the City of Turlock reserves the right to make revisions, without guarantee of timely notification.
In the event there are issues of doubt or disagreement on materials or methods in rehabilitation, the Rehabilitation Specialist with the support of the applicable City Department and Division will rely on this guide and/or other applicable codes adopted by the City, including the standards of the construction industry. The decision of the City will be final.
Any exemptions from the requirements of these standards shall require prior approval from the Housing Program Services staff, only when it is clearly evident that the materials and methods to be used meet the minimum requirements of the applicable codes.
All work performed under these standards shall meet or exceed the following codes, standards, and ordinances, as adopted by the City of Turlock:
Current California Building Code and Residential Code
Current California Plumbing Code
Current California Mechanical Code
Current California Electrical Code
Current International Property Maintenance Code
Current California State Title 19 and Title 25
Current City of Turlock Zoning Ordinance
II
TABLE OF CONTENTS
PREFACE
SECTION I - GENERAL
A. PERMITS REQUIRED ................................................................................... 1 B. INSPECTIONS REQUIRED .......................................................................... 1
1. Building Code Inspections
2. Underlayment Nailing Inspection
3. Pre-Payment Inspection
4. Pre-Painting Inspection
5. Pre-Final Inspection
6. Final Job Inspection
C. STANDARDS OF WORKMANSHIP AND MATERIALS .......................... 1
1. Workmanship Standards
2. Materials Standards
D. GENERAL........................................................................................................ 2
1. Scope of Work (Work Write-up)
2. Terminology (Definitions)
3. Standard Installations
4. Fences
5. Daily Clean-Up
6. Posting of Permits, Blueprints, Etc.
7. Subcontractor's Licenses
8. Warranty
9. Changes and Change orders
10. Miscellaneous House Connections
SECTION II - EXCAVATION AND GRADES
A. NORMAL SOIL CONDITION........................................................................ 5 B. UNUSUAL SOIL CONDITION ...................................................................... 5
III
C. ALL CONDITIONS ......................................................................................... 5 D. PREPARATION FOR CONCRETE................................................................ 5 E. SURPLUS SOIL ............................................................................................... 5
SECTION III - CONCRETE
A. GENERAL........................................................................................................ 6 B. MATERIAL...................................................................................................... 7 C. CONCRETE STEPS, RAILING AND LANDINGS ....................................... 7 D. CONCRETE WALKWAYS ............................................................................ 7
SECTION IV - CARPENTRY
A. GENERAL CONSTRUCTION AND WORKMANSHIP............................... 8
1. Framing and Framing Details
2. Furring, Blocking and Backing
3. Plywood Sheathing
4. Roof Overhangs
5. Roof Sheathing
6. Barge Rafters and Fascia
B. MATERIALS.................................................................................................... 9
1. Lumber
2. Sills
3. Plywood Sheathing
C. LUMBER FASTENINGS ................................................................................ 9
1. Minimum Requirements
2. Bolting
3. Framing Anchors
4. Nails
IV
SECTION V - ROOFING
A. GENERAL........................................................................................................10 B. METAL FLASHING........................................................................................10
1. Angle Strip
2. Valley Flashing
3. Parapet Flashing
4. Counter Flashing
C. ANTENNA REMOVAL ..................................................................................11 D. BUILT-UP ROOF ............................................................................................11 E. COMPOSITION SHINGLES ...........................................................................11
SECTION VI - FINISH CARPENTRY
A. GENERAL........................................................................................................12
1. Work Furnished and Installed
2. Tool Marks
3. End Splices
4. Corner Joints
5. Finish Fasteners
6. Finish Hardware
7. Specialty Items
8. Wall-Mounted Items
9. Miscellaneous Items
B. MATERIALS....................................................................................................12
1. Exterior Plywood
2. Interior Plywood
3. Rough Hardware
4. Exterior Trim
5. Interior Trim
V
SECTION VII - DOORS AND WINDOWS
A. DOORS.............................................................................................................15
1. Hanging of Doors
2. Door Grade
3. Door Frames
4. Door Corner Joints
5. Exterior Door Frames
6. Dead Bolts
7. View Port
8. Weather Stripping
9. Door Threshold
10. Door Edges
B. WINDOWS.......................................................................................................16
1. Window Corner Joints
2. Window Frames
3. Weatherproofing
4. Window Stools
SECTION VIII - CABINETS
A. WALL THICKNESS........................................................................................17 B. FINISH GRADE...............................................................................................17 C. RANGE HOODS..............................................................................................17 D. LIGHT OVER SINK ........................................................................................17 E. COUNTER TOPS .............................................................................................17 F. OPENINGS FOR APPLIANCES .....................................................................17
SECTION IX - ELECTRICAL
VI
A. MINIMUM REQUIREMENTS .......................................................................18
SECTION X - PLUMBING
A. GENERAL........................................................................................................20 B. SEWER LINE...................................................................................................20 C. WATER LINE ..................................................................................................21 D. WATER HEATER ...........................................................................................21
SECTION XI - PAINTING
A. PAINT MATERIALS.......................................................................................22 B. CONDITION AND INTERIOR SURFACES PREPARATION.....................23 C. DEFECTIVE WORK........................................................................................24 D. CONDITION AND EXTERIOR SURFACES PREPARATION....................24 E. SPRAY PAINTING..........................................................................................24 F. METAL SURFACES........................................................................................25 G. WORKMANSHIP - INTERIOR AND EXTERIOR .......................................25 H. CLEAN-UP.......................................................................................................25
SECTION XII - FLOOR COVERINGS
A. GENERAL........................................................................................................26 B. PREPARATION...............................................................................................26 C. INSTALLATION .............................................................................................26
1 SECTION I
GENERAL
A. PERMITS REQUIRED
1. BUILDING, PLUMBING, MECHANICAL. ELECTRICAL, DEMOLITION, PUBLIC WORKS, and other permit(s), when applicable, are required for all construction as stated by the applicable Codes and the City of Turlock.
B. REQUIRED INSPECTIONS
NOTE: All inspections shall be requested (phoned-in) 24 hours prior to the inspection.
1. Building Code Inspections - All inspections as required by the City of Turlock Building Department, must be requested from the Building Department at 668-5560 ext. 2223.
2. Pre-payment Inspection - to be done prior to the issuance of any partial progress payment. Approval is required by the Rehabilitation Specialist and the property owner.
3. Pre-final Inspection - to be done when the building is near completion for the purpose of preparing and providing a correction list (punch list) for the contractor.
4. Final job inspection - to be made after building is completed and ready for occupancy.
NOTE: ALL WORK DONE WITHOUT THE REQUIRED INSPECTION WILL AUTOMATICALLY BE SUBJECT TO EXTREME SCRUTINY AND POSSIBLE NONACCEPTANCE BY THE CITY AND OWNER.
C. STANDARDS OF WORKMANSHIP AND MATERIALS
1. Workmanship Standards - All work shall be performed to the standards required by the City of Turlock. The commonly accepted standards set by the "industry" and "trades" are to be used only as a basis for establishing the minimum standards to be utilized and enforced by the City.
2 2. Material Standards - All material shall be new, recently purchased, and in excellent condition. The material specified shall be the material used, and the brand specified shall be the brand used unless "or equal" is specified. The contractor shall obtain approval for "equals" from the City of Turlock prior to purchasing and installing the material.
D. GENERAL
1. Scope of Work (Description of Work/Work Write-up) - shall provide the following:
a. "Line Item" - brief (usually one or two lines) item description including all of the following:
*Item Description (Short Title)
*Brand and Model (When Appliances, fixtures, windows & paint) A line item may require additional detailed description that should be included in the Item Description. When the description in the guide is not adequate or present, or also when the nature of the line item is such that a special description (standard and/or specification) is necessary.
2. Terminology (Definitions) - When used in the "Scope of Work", the following definitions shall apply:
Install - The item referred to shall be installed complete, properly in place and secure, including all necessary components, hardware, trim, fittings and material leaving ready for use, and fully operable. All materials shall be new. The installation shall include all necessary and required modification and repair of existing surrounding materials in order to accommodate the installation.
Replace - The existing item referred to shall be removed prior to installation of the new item complete, including all as described under Install (See above, this Item).
Repair - The existing item referred to shall be repaired, replacing any/all components, leaving the item complete, including all as described under Install (See above, this Item).
3. Standard Installations - shall always include all as described in each group below:
b. Bathroom resurfacing shall utilize approved moisture resistant green sheetrock
3 installed at all backing and all surface locations.
4. Fences
a. Installation
All fences to be installed as per work write-up. Variations accepted only with prior approval by Rehabilitation Specialist.
b. Materials
(1) Pickets and grass boards to be #2 cedar or selected redwood. (2) Stringers and gate bracing to be pressure treated lumber or redwood. No Doug Fir is to be used.
(3) Posts to be redwood or treated wood.
5. Daily Cleanup
All contractors will be required to keep the entire job site clean and free of all debris caused by construction of the dwelling on a daily basis.
6. Permits, Blueprints, etc.
Contractors will be required to keep and post at the job site at all times all permits blueprints and work write-ups pertaining to that job.
7. Subcontractor's Licenses
All contractors must make sure that all subcontractors are properly licensed, including City business license. The Housing Division will require contractors to show proof of such licenses.
8. Warranty
All work shall be warranted against defects in material and workmanship for a period of one year, except for roof which will be warranted for a period of two years, from the date of final inspection. The warranty shall specifically provide that all defects in material and workmanship appearing during the warranty period, as determined by Housing Program Services staff in case of conflict between
4 Contractor and the home owner, will be remedied to the satisfaction of the Housing Program Services staff at no additional cost to the owner.
9. Changes and Change Orders
a. No "changes" in the Work Write-Up will be made, nor will be recognized, nor will any payment be made to the Contractor regarding such changes, unless said "changes" appear in writing on an official City of Turlock work change order form with the owner's approval/acceptance signature(s).
b. No "changes" will be made without the appropriate City staff approval regardless of whose monies are used (public monies or owner's personal funds).
10. Miscellaneous House Connections
Unless otherwise indicated on the drawings or work write-up, all water, gas or sewer lines, lighting, power or telephone conduit or wires, house connections in place, and other surface or subsurface structure or lines, shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by him during progress of the work; provided that, should the Contractor, in the performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature arising from such disturbance or in replacing or repair thereof shall be borne by the Contractor.
5 SECTION II
EXCAVATION AND GRADES
A. Normal Soil Condition - Employ all standard and accepted practices of the industry in compliance with all requirements of the City of Turlock.
B. Unusual Soil Condition (i.e., fill, high water table, poor compaction, etc.) - Special conditions may require major excavation, material importing/backfilling, and soil compaction testing approved by the City of Turlock's Building Official before concrete can be poured. Should these conditions exist, it will be the owner responsibility to pay for the additional work required.
C. All Soil Conditions and Locations - All areas of soil disturbance, areas of imported material and areas of cuts shall be properly graded and prepared for the intended use at the location. All surfaces shall be graded to slope a minimum of 2 percent away from all buildings towards a public street or alley.
D. Preparation for Placement of Concrete - All sod or other debris to be removed to clean earth and a minimum of 4 inches of clean fine earth or sand to be placed as a base for all slab work. Base shall be compacted and watered down prior to pouring any concrete. Provide 4 inches clean rock, 6 mil vapor barrier, 1/2-inch minimum sand and 3-l/2-inch minimum slab as per work write-up.
E. All surplus soil shall be removed from property or spread on property as Owner directs, depending on the quantity of excess.
6 SECTION III
CONCRETE
CONCRETE
A. GENERAL
1. Sub-grade to be fully compacted and wet.
2. Concrete to be finished monolithically (One pour). All edges to be rounded.
3. Concrete driveways shall be a full 4 inches thick; walkways and other slabs may be a minimum of 3-1/2 inches thick using a 5 sack minimum mix.
4. Steel Reinforcing: Two l/2-inch steel reinforcing bars to be placed in footing as per Building Code. No part of the steel to be in contact with earth and all steel to be imbedded a minimum of 2 inches from bottom of concrete. All laps of reinforcing to be a minimum of 48”.
5. Expansion joints to be placed a maximum of 5 feet apart on all walkways and 15’ on all driveways. All joints must be visible and finished with edges as #2 above.
6. Driveways, walkways to be steel troweled and then soft-brushed or broom finished to a non-slip surface.
7. Flashing: Any concrete poured adjacent to wood shall have a metal flashing placed between wood and concrete. (Min. 26 GA Galvanized)
8. All steel and wood stakes and form lumber to be removed from job site and back filled.
9. All defective concrete shall be removed and replaced at no additional expense to owner (i.e., lacks drainage, incorrectly formed, not plumb and level, containing wood or foreign matter, poor workmanship, or otherwise not in accordance with the intent of drawings and specifications of the California Building Code).
7 B. CONCRETE STEPS, RAILING AND LANDINGS
1. All steps shall be provided with footings below natural grade.
2. Step rise and tread to comply with California Residential Code SectionR311.7. Steps shall not exceed the smallest by more than 3/8-inch. Rise shall not be less than 4 inches nor more than 7 ¾ inches; the tread shall not be less than 10”.
3. Railing
a. All concrete steps over three rises shall include a metal ornamental railing located on lock side of door or both sides of steps. Railings shall be 34 inches to 38 inches above nose of thread.
b. Open porches shall be equipped with railings according to Section R507.10 and R312 of the California Residential Code, where such porches may create a hazard 30 inches and above grade).
C. CONCRETE WALKWAYS
1. Walkways to be minimum 3 feet wide and 3-1/2 inches thick.
8 SECTION IV
CARPENTRY
A. GENERAL CONSTRUCTION AND WORKMANSHIP
1. Standard framing details shall apply where appropriate. The drawings may contain details of framing not commonly accepted as standard practice. This in no way relieves the Contractor of the responsibility to provide a substantial, well-constructed building.
Install all wood framing as per plans and details shown. All new wood framing shall match existing wood framing to assure that both framing systems are plumb, level, true to line and securely anchored and fastened.
2. Furring, blocking and backing shall be furnished and installed where required for receiving wallboard, formation or architectural features, concealment of pipes, conduits, ducts, grab bars, building specialties (such as blocking for curtain rods) and other fixtures. Contractor shall consult with the trades concerned and set furring and blocking they require.
3. Plywood Sheathing. Install sheathing with long dimension perpendicular to (across) supports, rafters of joists. Install all wall sheathing as per California Building Code.
4. Roof Overhangs. Plywood sheathing shall have solid bearing under all edges.
Outriggers shall be installed on all gable ends when new sheathing is applied Outriggers will be spaced so that they bear under the exposed edges of the roof sheathing.
5. Roof Sheathing. 1/2-inch CDX plywood or 15/32-inch OSB unless otherwise noted in work write-up. All exposed sheathing shall be CCX plugged and sanded on the side exposed to weather.
6. Barge Rafters and Fascia Boards.
a. Fascia boards to be one lumber size larger than rafters with 2-inch nominal thickness.
b. Barge rafters to be same size as fascia boards.
9 c. Barge rafters and outriggers will be installed when roof sheathing is completely replaced. Outriggers to be no further apart than 32”
B. MATERIALS
1. Framing Lumber. Douglas Fir, #2 or better, surfaced four sides.
2. Sills. Foundation grade redwood or approved pressure treated fir
3. Plywood Sheathing. All plywood sheathing shall be Group I Species, of the sizes and thicknesses shown on the drawings.
C. LUMBER FASTENINGS
1. Minimum Requirements. Nailing and bolting of wood members shall conform to the minimum requirements of the California Building Code, and structural drawings.
2. Bolting. Exposed bolts shall be all square or hexagon head with matching nuts. All bolted connections shall be tightened before final acceptance or, in the case of bolted connections in concealed location, immediately before the area is sealed off.
3. Framing Anchors. Simpson Company, or approved equal, galvanized framing connectors and joist hangers as detailed, properly sized for the attached member.
4. Nails for interior trim and finish shall be finish nails. Nails for exterior work shall be hot-dip galvanized. All nails for redwood interior or exterior shall be hot-dip galvanized nails.
10 SECTION V
ROOFING
A. GENERAL
1. Surface preparation - REPLACE ALL DEFECTIVE FASCIA, EAVES, RAFTERS, RAFTERS TAILS. All rain caps, roof jacks. flashing or other metal parts shall be replaced and painted.
2. All roofs shall be stripped to their original sheathing. Damaged sheathing shall be replaced and loose sheathing shall be secured with additional nailing or backing as required. Wood shake roofs to be stripped and sheeted with 15/32” OSB or ½” CDX.
Any exposed wood shall be CCX, plugged and sanded.
3. Contractor shall be responsible for all clean-up and removal of debris and surplus materials, and maintaining a clean job site.
B. METAL FLASHING
1. All exposed plywood roof sheathing to be protected by metal drip edge when installing a new roof.
a. Metal drip edge to have 2-inch minimum overlap at splices. b. All corners of metal drip edge to be cut on top and bent around corner to form continuous protection.
c. All metal drip edge to be top-nailed only.
2. Valley Flashing. When installing roof coverings, all valleys shall have a metal "W" flashing.
3. Parapet Flashing. All new or re-roofing at parapets will be provided with corrosion resistant solid metal horizontal or metal step flashing to be laced in a professional manner and blind-nailed. All vertical ends of flashings will be installed beneath exterior wall coverings.
11 4. Counter Flashing. Where and when permitted, counter flashing shall be installed to form a watertight barrier.
C. ANTENNA REMOVAL
Antenna removal will be provided when the dwelling is being re-roofed.
D. BUILT-UP ROOF
All roofs shall be stripped to their original sheathing. Replace any damaged sheathing. Remove any protruding nails and re-nail to code. Install all new flashing as required and to code.
Material minimum - base sheets consisting of two layers of 15-pound felt spot or strip mopped or nailed, using not less than one nail per each l-l/3-square-foot. Mineral aggregate surface with not less than 60 pounds of hot asphalt in which is embedded not less than 400 pounds of gravel per roofing square.
E. COMPOSITION SHINGLES
1. Composition shingles to be applied only to solidly sheathed roof.
2. Composition shingles shall not be applied on roof having less than a 4 on 12 pitch, unless double layer felt underlay is installed in accordance with manufacturer's installation recommendations and the City of Turlock requirements.
3. Composition shingles to have a minimum underlayment of 15-pound felt paper.
4. All valleys to have shingles laced in an approved manner with all underlayment of not less than 30 pound felt extending 18 inches from centerline each way or to have metal “W” flashing.
NOTES: For information on all types of roofing material, see California Residential Code Chapter 9. All installations shall conform to the manufacturer's written recommendations and specifications.
Owner shall have choice of standard color on all roofing materials.
12 SECTION VI
FINISH CARPENTRY
A. GENERAL
1. Work Furnished and Installed. Perform all work necessary for the construction of the project as indicated in a professional manner. Such work includes, but is not necessarily limited to:
a. Finish carpentry
b. Wood doors
c. Shelving
d. Millwork
e. Building specialties
f. Finish hardware
g. Furnishing of building specialties
2. Hammer, tool marks or marred surfaces and edges will not be acceptable on any exposed finished surfaces and as evidence of inferior workmanship, shall be cause for rejection of such work and will be replaced at no extra cost to home owner.
3. All end splices exposed in finished members shall be accurately and neatly square butted. Install members in as long lengths as possible.
4. All work shall be installed to details shown, plumb, level, true to line and securely anchored. Nails and screws shall be neatly set and all wood raised in the driving of nails and screws removed. Exterior corner joints shall be mitered. Interior corner joints may be coped. Casings at head of doors and windows shall be mitered. Where molded members adjoin other molding or plain sections, the molded members shall be carefully and accurately scribed to the other members. All exposed edges shall be
13 eased.
5. Secure all interior finish trim with finishing nails or screws as required, unless otherwise indicated. Set nails and screws for putty.
6. Finish Hardware. Install accurately and securely without marking or defacing hardware or finish work. Include the installation of pocket door frames, tracks and hangers for sliding doors. Test to assure correct alignment and operation. Items of finish hardware shall be fastened at all points where fasteners are indicated or required. Protect finish hardware with suitable coverings until completion of construction. Properly tag keys to deliver to owner at completion of construction. Leave all hardware in perfect order.
7. ALL WALL-MOUNTED ITEMS SHALL BE SECURELY FASTENED TO SOLID BACKING OR BLOCKING.
B. Materials
1. Exterior Plywood. Where shown, shall be of the species, type and face treatment as per California Building and Residential Code requirements. The plywood shall be manufactured with exterior glue.
2. Interior Plywood Paneling. Where shown, shall be of the species, type and face treatment as shown on drawings or as specified in Work Write-up, flame ratings shall be in accordance with California Building and Residential Code.
3. Rough Hardware. Furnish all items of rough hardware, connections to metal studs, bolts, etc., required to complete the work. Exterior bolts, nuts and washers shall be made of galvanized steel.
4. Exterior trim and case/molding trim: There shall be no loose or open knots or knotholes. Any and all splices shall be cut to a 45 degree end bevel and joined over backing
5. Interior trim and casing/molding shall be white pine or MDF, properly sealed. All corners to be mitered.
14 SECTION VII
WOOD DOORS AND WINDOWS
A. DOORS
1. Hanging of Doors. All doors shall be hung or installed in proper frames as scheduled and shall fit snug against all stops. Fit accurately and hang free from hinge bind with uniform clearance of l/16-inch at heads and jambs. Sliding doors shall be hung and installed without binding and shall slide and operate smoothly under fingertip pressure.
Finish hardware shall be removed for painting and reapplied after finishing is completed and dry or protected from paint by masking.
2. Interior doors shall be hollow core, 1-3/8 inch, and shall be the size indicated according to plans. Exterior doors shall be solid core, steel or fiberglass doors unless otherwise specified in work write-up. No exterior door shall be smaller than 32 inches in width with at least one measuring 36”.
3. Set wood door frames plumb and square. Jambs at nailing points, butts and lock strikes shall have solid backing, extending 12” above and below strike.
4. All doors shall be installed plumb, level, true to line and securely anchored. Nails and screws shall be neatly set and all wood raised in the driving of nails and screws removed. Exterior comer joints on door casings shall be mitered and interior corner joints to be coped. Casings at head of doors shall be mitered. Where molded members adjoin other molding or plain sections, the molded members shall be carefully and accurately scribe to the other members. All exposed edges shall be eased.
5. Exterior Frames shall be completely caulked and sealed around their perimeter, between frames and adjoining construction.
6. ALL EXTERIOR DOORS SHALL HAVE 1" DEAD BOLTS AS PART OF THE NORMAL INSTALLATION. All doors locks shall be keyed alike.
7. All exterior steel doors shall be provided with magnetic neoprene-type weather stripping securely fastened to sides and head jambs. Install to ensure no air leakage
15 around openings in exterior doors.
8. All exterior doors shall have an aluminum threshold with rubber attached to the drip cap at bottom edge of door.
9. All doors to be finished shall have edges finished to match exposed face.
B. WINDOWS
1. All windows shall be dual glazed, installed to current code, plumb, level, true to line and securely anchored. Exterior corner joints on window casing shall be mitered and interior corner joints to be coped. Casings at the head of windows shall be mitered.
Where molded members adjoin other molding or plain sections, the molded members shall be carefully and accurately scribed to the other members. All exposed edges shall be eased.
2. Set wood window frames plumb and square. Jambs at nailing points shall have solid backing.
3. Weatherproofing will be provided for all window rough openings when new windows are installed. This shall consist of 15 pound felt wrapped around all framing members before the window is installed. Also an approved window flashing paper installed to City / code requirements.
16 SECTION VIII
CABINETS
A. All walls shall be a minimum of 3/4-inch thick with the exception of the rear interior wall which can be l/4 inch.
B. Exposed exterior material shall be solid Oak and all doors to be quarter panel style and drawer facings will be flat with beveled edge finger pull (Owner to select color of stain or clear finish).
D. COUNTER TOPS
1. MATERIALS
a. High pressure laminated plastic with monolithic 4-inch splash with end cap will be the standard installation unless otherwise specified in work write-up. b. Standard ceramic tile with a full back splash and standard nosing shall be installed when tile is specified by Housing Program Services staff (owner to have choice of color of tile and grout).
2. Installation
a. All corners in Formica installation shall be factory cut and mitered. b. All tile shall be professionally installed using standard construction practices and according to code.
17 SECTION IX
ELECTRICAL
A. MINIMUM REQUIREMENTS
The City of Turlock, Building Department has adopted the following requirements relative to single-family residences in addition to the current California Electric Code:
1. Not more than ten (10) outlets shall be permitted on any lighting circuit on No. 14 AWG wire.
2. Where the service conduit is extended to furnish a support for the service drop wires, only rigid conduit of not less than one and one-fourth (1 ¼”) inch trade size may be used and shall not extend more than thirty (30) inches beyond the last support or roof.
3. Substandard service equipment shall be brought up to standard on any and all remodeling jobs or in any case where additional wiring is installed.
4. On the panel and switchboard all circuits shall be identified by means of permanent marker or other approved methods. A separate Arc fault breaker will be required for each bedroom circuit. GFCI outlets are required at all bathrooms, kitchen and any exterior outlets. Arc fault breaker/protection per Section 210.12(A) of the California Building Code and GFCI protection per Section 210.8(A) of the California Building Code.
5. Except with special permission of the Chief Building Officials, service entrance conductors shall not be less than No. 2 for one hundred (100) amperes and No. 4/0 for two hundred (200) amperes.
6. All temporary power pole services shall be at least fifty (50) ampere capacity with properly protected outlets.
7. Dishwashers and garbage disposal shall each be wired on an individual circuit with No. 12 wire with 20 amp receptacles.
8. All residential receptacle circuits shall be wired with No. 12 AWG conductors.
18 9. A maximum of eight receptacles and/or fixed outlets on each residential circuit shall be allowed.
10. Bell transformers shall not be installed in attics.
11. Electrical sub-panels may not be installed over any plumbing fixtures or in bathrooms or in clothes closets.
12. Roof mounted Dual pact heating and cooling system units installed on multi-family dwellings shall have a 125 volt, single-phase, 15 or 20 ampere rated receptacle outlet located on the same roof level within 75 feet of such equipment.
13. All new dwellings of over nine hundred (900) square feet in area shall have a minimum of one hundred (100) ampere service.
14. Service equipment shall be located on the outside of all dwellings. The outer end of the service raceway shall be terminated where it is accessible to the serving agency.
15. Where non-metallic sheathed cable is used all grounding on non-current carrying metal parts of fixed equipment shall be done by means of a grounding conductor running in the same cable with the circuit conductors.
16. Pre-wiring for telephone services and cable T.V.will be done when a complete re-wire is done.
17. In the case of a complete rewire, all bedroom circuits shall have arc-fault breakers installed to code.
19 SECTION X
PLUMBING
A. GENERAL
1. No plumbing fixtures, device or construction shall be installed which will provide a cross connection of any sort between a potable water supply intended for drinking and a polluted water supply, waste pipe or drainage.
2. Any drainage, plumbing system or building sewer or part thereof which is installed, altered or repaired, if covered or concealed before being inspected, tested and approved, shall be uncovered for inspection upon notice to uncover.
3. Venting systems to conform to Chapter 9 of the California Plumbing Code. Each vent pipe or stack shall extend- through its flashing and shall terminate vertically a minimum of 6 inches above roof and not less than 12 inches from any vertical surface and shall be painted to match shingle.
4. All water closets to be water conservation type, 1.28 gallon flush.
5. All gas appliances shall have proper gas flex, shut-off valve, and flue according to California Plumbing Code.
6. All exterior sewer cleanouts will be properly boxed as per Housing Program Services Division approval.
7. All exposed plumbing will be replaced with new plumbing, including faucets, sink, vanity or tub is replaced, removed or reinstalled.
B. SEWER LINE
Within practical alignment and at uniform slope of 1/4-inch per foot of fall from dwelling to property line, use approved ABS plastic sewer pipe.
Sewer line piping shall be laid on a firm bed throughout its entire length and backfilled with sand or fine earth. Any surplus dirt shall be removed from the property or spread as owner directs. An excess of settling within a 12-month period shall be refilled at Contractor's expense.
20 C. WATER LINE
1. A main shut off valve is required where line enters dwelling.
2. Installation of new water line from property line to dwelling; pipe may be galvanized or PVC Schedule 40.
3. Water line may be installed in same trench with sewer line if the following conditions are met:
a. The bottom of the water piping at all points shall be at least twelve (12) inches above the top of the sewer pipe.
b. The water piping shall rest on a solid shelf at one side of common trench. c. A new 8 foot driven ground rod is installed for electrical grounding in addition to grounding of cold water line.
d. There shall be a minimum of 8 foot separation between sewer line and water line connection at the property line.
D. WATER HEATERS
1. A pressure temperature relief valve line is to be 3/4 inch steel or 3/4-inch copper pipe ran to the exterior per code.
2. Any water heater being relocated or replaced will be strapped to code.
3. Tank less water heaters are to be installed to code and the contractor will be responsible for the safe operation of the unit for a period of one year. It is highly recommended that a licensed plumbing contractor install all tank less units.
21 SECTION XI
PAINT SPECIFICATIONS
INTERIOR AND EXTERIOR
A. PAINT MATERIALS
1. All paint to be of high quality and standard color.
a. Prohibition of Lead Base Paint
(1) Effective January 1, 1972, the use of paint containing more than one percent lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints is prohibited on Housing and Urban Development (HUD) projects. Purchasers and tenants of HUD associated housing constructed prior to 1950 shall be informed that the property may contain lead base paint, notified of the potential and immediate hazards and symptoms of lead base paint poisoning, and advised of the precautions to be taken to avoid such poisoning. These homes will also be tested for lead base paint by a licensed company and a report will be part of the construction file. Owner will be given a copy upon request.
b. Treatment/Abatement
(1) Abatement is limited to projects which have defective paint. The abatement process is limited to the defective paint areas and does not include areas where paint is tight and sound. Areas of defective paint in units where a child under seven years of age either resides or may reside must be abated. (2) Covering and sealing methods include adding an overlay of gypsum wallboard or a fiberglass cloth barrier to the wall surface. Covering or replacing trim surfaces is also permitted.
3. No paint, varnish or stain shall be reduced or applied in any way except as recommended by the manufacturer.
22 B. CONDITION AND PREPARATION OF INTERIOR SURFACES
1. Contractor shall examine all surfaces carefully, before beginning any of his work, shall see that all work of other trades has been left or installed in professional manner to receive paint or stain. All woodwork to receive paint or stain is to be thoroughly sanded and dusted clean; collected dust is to be removed before preliminary paint work is begun.
2. All existing sheetrock shall have nail indentation and holes filled. All damaged or missing portions shall have new sheetrock properly installed. All tape at joints that is loose or missing will require new tape and finish to have a uniform and professionally finished surface. All drywall joints are to be taped and finished in a professional manner, including texture.
3. Walls which have been previously painted shall be thoroughly sanded and cleaned of all foreign materials. Any surface painted over which has not been properly prepared, as per this section, shall be required to be cleaned and, over a properly prepared surface, as per this section, be repainted, at no additional cost to the owner.
4. Existing plaster walls and ceilings shall have all cracks and holes filled and have a uniform and professionally finished surface.
5. All electrical fixtures, cover plates, door hardware, knobs, drawer pulls, etc., to be removed or taped off. Any such items painted over to be replaced at Contractor's expense.
6. Mildew: Walls and ceiling surfaces with moisture or mildew conditions will not only be made free of those conditions and properly prepared for painting as per this section, but the source of the problem must be corrected.
C. DEFECTIVE WORK
Any defective work shall be the responsibility of the Contractor and shall be corrected at no additional cost to the owner.
D. EXTERIOR SURFACE PREPARATION
1. New Wood; The Contractor is to inspect all wood surfaces to be painted to see that all other trades have made proper and complete installation. All knots, pitch pockets or sappy portions to be shellacked or sealed with knot sealer. All exposed nails to be set.
Fill all imperfections and sand smooth. All dust to be collected and removed from job.
23 All new wood is to receive a sealer coat before painting. A primer coat and two coats of paint will be sufficient.
2. Repainted Wood; By scraping, sanding or other method, remove all defective material such as peeling, blistered, or scaling paint. Fill all imperfections. A primer to be applied to all weathered or bare wood before any paint is applied.
3. Stucco or Block; By scraping, wire blushing, water blasting or other method, remove loose and all defective material. Before painting, Pressure wash the building to remove dust or other materials. Clear all cracks, chipped corners. etc., and fill with proper material. All unpainted surfaces must be sealed and primed prior to painting. .
3. Trim; Trim is to include all wood molding around doors, windows, and other openings, overhang (eaves), fascia, window shutters, window boxes or other exterior decorative adornment and to be prepared, primed and painted.
NOTE: Painting of trim includes all wooden window frames, cleaning of glass and freeing windows of all new and old paint. Before any primer sealer or paint is applied to any surface, the contractor must contact the Housing Rehabilitation Specialist for a pre-paint inspection.
E. METAL SURFACES - INTERIOR AND EXTERIOR
1. All surfaces will be sanded prior to applying primer and scraped to remove old scaling or chipped paint. Paint tarps or plastic shall be put down and any paint dust or chips disposed of properly.
2. All metal surfaces to have all foreign material completely removed, i.e., oil, rust. grease. Etc. All surfaces to be wiped down with paint remover or vinegar then primed and painted.
3. On a prepared surface. per 1 and 2 above, apply sufficient paint to insure complete coverage. Any indication of defective surface preparation will be cause for repeated preparation and repainting at no extra cost to owner.
F. WORKMANSHIP - INTERIOR AND EXTERIOR
1. Each coat of paint shall be applied at proper consistency as recommended by the manufacturer, free of brush marks, sags, runs (Including those existing by previous coats), etc., with no evidence of poor workmanship. Care shall be exercised to avoid
24 lapping of paint on glass or hardware. Paint sharply cut to lines. All exposed nails shall be set and holes filled.
2. Finish work is to be adequately covered with a uniform color and finish. The number of coats herein specified as being a minimum shall be one prime coat and one coat to produce a first class job. All unpainted wood to receive a prime coat before painting.
G. CLEANS INTERIOR AND EXTERIOR
Protective coverings or drop cloths to be used to protect floors, fixtures and equipment.
Care exercised to prevent paint being splattered onto surfaces which are not to be painted. Surfaces from which such paint cannot satisfactorily be removed shall be painted, repainted or replaced as required be Housing Program Services staff to produce a satisfactory finish.
All debris related to or created by painting shall be removed from the job site and the job site left clean and ready for use. All windows are to be free of paint and operating properly.
All shrubs shall be protected in an approved manner or replaced by Contractor at no added cost to home owner.
25 SECTION XII
FLOOR COVERINGS
A. GENERAL
1. Unless otherwise specified, owner will select color and pattern on all floor coverings.
2. All carpet, pad and vinyl floor coverings are to meet or exceed F.H.A. requirements.
3. Underlayment [1/2-inch particle board] will be installed before all new linoleum installations.
4. Tile floors to be installed per local building code and should include tile baseboard unless otherwise stated.. Dura rock or hardi backer to be installed using screws on all raised wood floors. The Dura rock or hardi backer shall be installed in the same pattern as roof sheeting with staggered seams.
DO NOT commence installation until work of other trades within area has been substantially completed. Commencing installation implies acceptance of surfaces to be covered.
B. PREPARATION
1. Clean all floor area of all defective materials.
2. RESCREW ALL SUBFLOORS. All new subfloor installations will be screwed in accordance to California Building and Residential Code requirements.
3. All floors are to be clean, smooth and free of dirt, grease, oil and/or other construction films.
4. Fill all cracks, minor holes, crevices and depressions with crack fill as recommended by floor manufacturers.
5. Concrete floor shall be dry with a smooth, steel troweled finish.
C. INSTALLATION
1. Follow manufacturer's specifications and recommendations for all installations.
26 2. Adhesive. Spread adhesive uniformly and at coverage rate recommended by manufacturer. Use notched steel trowel or other devices as specified by manufacturer of adhesive and flooring. Apply adhesive only to the extent which can be covered with flooring within the recommended "tack" time of the adhesive.
3. All joints and seams to be tightly butted, straight and aligned square with room axis.
Neatly trim materials abutting other work to form a true, clean joint. Where flooring edges are covered by other materials, make cuts sufficiently accurate so that edges are completely concealed. All points or seams to be sealed as recommended by manufacturer.
All joints and seams between carpeting and vinyl flooring shall have trim and proper tack strips.
4. Floors in kitchens, bathrooms, and service porches shall be of durable, waterproof, non-absorptive materials such as asphalt, vinyl, vinyl plastic or rubber.
I have received a copy of the June 11, 2024 Housing Program Services Division “A Guide to Rehabilitation Standards" and will comply with its contents in all work done through the City of Turlock Housing rehabilitation Program. I will include the cost of all said work in my bids. Failure to include such costs could make my bid invalid and removed from the Contractor List.
NAME OF FIRM _____________________________________________ SIGNATURE OF CONTRACTOR ________________________________ DATE ___________________
City Council Staff Report
October 14, 2025
From: Jason Hedden, Police Chief
Prepared by: Paul Inderbitzen, Police Sergeant
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Second and final reading of an ordinance repealing and replacing Turlock Municipal Code title 6 (sanitation and health), chapter 6-9 (massage establishments and schools of massage) with a new chapter 6-9 (massage and massage establishments) to remove outdated massage establishment regulations and adopt updated regulations according to California state law.
2. NARRATIVE:
Senate Bill 731 (2008), also known as the Massage Therapy Act, created a voluntary certification program for the massage therapy profession to enable consumers and local governments to easily identify credible Certified Massage Therapists (CMT’s). The California Massage Therapy Council (CAMTC) was created to set standards for education and professional conduct. Since that time, CAMTC certification has continued to become the industry standard for the massage therapy profession.
The Turlock Municipal Code was last updated in 2010 to comply with the requirements of SB 731, but still maintains the local ability to permit those massage therapists not CAMTC certified. The current code requires Police Permits for massage therapists not CAMTC certified. This permit process can be an exhaustive use of staff time, and is essentially duplicating the work of a CAMTC certification at the local level, without the specialized knowledge that the CAMTC Board has of the profession. CAMTC Certification requires confirmation of identification, a criminal background check, submission of official transcripts from approved schools with a minimum of 500 hours of instruction, and adherence to the provisions of the California Massage Therapy Act. CAMTC has procedures in place for the suspension or revocation of certificates for violations of the Massage Therapy Act. CAMTC certification allows a certificate holder to practice massage for compensation in all cities and counties in the State of California without having to obtain a local permit.
The notable proposed amendments to this chapter include:
• A requirement for all massage therapists working in the City of Turlock to be CAMTC certified. The City would no longer conduct police permits for massage therapists that are not CAMTC Certified.
• A requirement that all business establishments where the owner is not CAMTC certified obtain a police permit for operation of the business. This permit would be regulating the business and business owner, without infringing on the state law protections for CAMTC certified massage therapists. Additionally, this requirement would allow the Police Department to revoke operating rights if the business is not conforming to standards.
Agenda Staff Report
10/14/2025
• Changing the language regarding inspection authority to authorize the Police Department to inspect all massage establishments, regardless of permit requirements. The current municipal code exempts CAMTC certified massage establishments. This is a necessary requirement to protect and safeguard public health, safety and welfare.
• A process by which the Chief of Police or designee, shall confirm the CAMTC certification for massage therapists, and notify City Finance of approval to work without a police permit.
• Enacting a grace period for compliance with CAMTC certification for sole-proprietors and businesses to coincide with the expiration of a current City issued business license.
• Enacts a process by which to declare a business as a nuisance, authorizes criminal prosecution, administrative fines, and prosecutorial discretion.
City staff recommends the proposed changes to this chapter to enhance the minimum standards for massage businesses and massage therapists to reduce the risk of illegal activity, as well as benefiting public health and legitimacy in the massage therapy profession.
3. FISCAL IMPACT / BUDGET AMENDMENT:
This item has no fiscal impact.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Draft Ordinance
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ORDINANCE NO. 13XX-CS
WHEREAS, the City Council of the City of Turlock last amended Turlock Municipal Code, Title 6, Chapter 9 in 2010; and
WHEREAS, current state law allows additional local oversight of massage businesses and massage establishments not currently found in Turlock Municipal Code, Title 6, Chapter 9; and
WHEREAS, the City Council wishes to exercise this local oversight to protect the health, safety and welfare of the City’s residents and visitors.
NOW, THEREFORE, the City Council of the City of Turlock does ordain as follows:
Section 1. REPEALED: Title 6, Chapter 9 MASSAGE ESTABLISHMENTS AND SCHOOLS OF MASSAGE is hereby repealed in its entirety.
Section 2. REPLACED: Title 6, Chapter 9 is hereby added to read as follows:
Chapter 6-9 MASSAGE AND MASSAGE ESTABLISHMENTS
Article 1. General Provisions
6-9-101. Purpose and Intent.
It is the purpose and intent of this Chapter to provide for the orderly regulation of massage businesses and massage establishments and also to comply with state regulations as it relates to massage and massage therapy services. The City Council recognizes massage is a viable professional field offering the public valuable health and therapeutic services. While there are significant health benefits that can result from massage, there are also significant risks of injury by persons improperly trained and/or educated in providing massage services. There are also opportunities for illegal acts of prostitution, lewdness and human trafficking that can occur in massage businesses and massage establishments.
IN THE MATTER OF REPEALING AND
REPLACING TURLOCK MUNICIPAL
CODE TITLE 6 (SANITATION AND
HEALTH), CHAPTER 6-9 (MASSAGE
ESTABLISHMENTS AND SCHOOLS OF
MASSAGE) WITH A NEW CHAPTER 6-9
(MASSAGE AND MASSAGE
ESTABLISHMENTS) TO REMOVE
OUTDATED MASSAGE ESTABLISHMENT
REGULATIONS AND ADOPT UPDATED
REGULATIONS ACCORDING TO
CALIFORNIA STATE LAW.
}
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Ordinance No. 13XX-CS
This Chapter establishes minimum standards for massage businesses, massage establishments, and massage therapists so as to protect and safeguard the public health, safety and welfare and to enhance the reputation of the profession and integrity of the services provided. The establishment of reasonable standards for the issuance of business licenses and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.
It is the purpose and intent of the City Council that massage businesses, massage establishments, and massage therapists offering such services be regulated so as to ensure that persons offering massage services possess the minimum qualifications necessary to operate such a business and are able perform the services offered to ensure that those offering these services conduct their work in a lawful and professional manner and comply with required building, sanitation and health standards. 6-9-102 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter.
(a) "California Massage Therapy Council" or "CAMTC" shall mean the non-profit organization created to regulate the massage industry set forth Chapter 10.5 of Division 2 of the Business and Professions Code of the State of California (commencing with section 4600).
(b) "CAMTC Certificate" shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage practitioner pursuant to Business and Professions Code section 4601(b) or (c) or any later enacted amendment. (c) "Certified Massage Therapist" or "massage therapist" shall mean any individual, certified by the CAMTC and possessing a valid CAMTC Certificate and is licensed to practice or administer massage, in exchange for any form of compensation within the City of Turlock. All persons certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this Chapter stated herein.
(d) "City" shall mean the City of Turlock.
(e) "Client" shall mean the customer or patron who pays for or receives massage services.
(f) "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(g) "Employee" shall mean any person employed by a massage business who may render any service to the business and who receives any form of compensation from
Ordinance No. 13XX-CS
the business. For the purposes of this Chapter, the term "Employee" shall include independent contractors, agents and volunteers.
(h) "Licensee" or “Business Licensee” shall mean any person who receives from the City of Turlock a Business License pursuant to Title 3, Chapter 1 of the Turlock Municipal Code.
(i) "Manager" means a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage business or a massage establishment. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.
(j) "Massage" or "Massage Therapy" shall mean any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating, of the external parts of the body with hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, mud, fermentation or any other type of bath.
(k) "Massage business" means any business that offers massage in exchange for compensation, whether at a fixed place of business or at a location designated by the Client through outcall or on-site massage services. The term "massage business" includes a Certified Massage Therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, including those that rent space as an independent contractor from a spa, day spa or salon. For the purposes of this Chapter, the term "massage business" may include those businesses that provide separate massage services, such as spas, day spas, and salons, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license. For spas, day spas, and salons that are solely renting space to one or more Certified Massage Therapist[s] as independent contractor[s] who otherwise meet all the provisions of this Chapter 6-9, those spas, day spas and salons shall not be treated as “massage business” for purposes of this Chapter 6-9 and rather each such independent contractor shall be treated as the “massage business”. However, such spas, day spas and salons shall be “massage establishments” as defined in subsection (l).
(l) "Massage establishment" shall mean a fixed location where massage for compensation is regularly conducted. For the purposes of this Chapter, the term "massage establishment" shall include those businesses that provide separate massage services, such as spas, day spas and salons, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients