ORDINANCE No. 2025
fees, in favor of a prevailing party running from the property owner to the City. The City shall collect the assessed reinspection fees by the use of all appropriate legal means, including but not limited to referral to the Finance Division for collection in small claims court or by imposition of a lien.
4-3-201 Authority of fire personnel to exercise powers of police officers (a)Section 103.3 of the CFC is hereby amended adopted in reference and added to read as follows:
The Fire Chief, Division Chiefs, Fire Marshal, and members of the Fire Department conducting Prevention Bureau and/or Fire Investigation unit duties shall have the powers of a Police Officer in performing their duties under this Code. (b)Section 103.1 of the 2022 2025 California Fire Code is hereby amended to read as follows
The Fire Chief, Deputy Fire Chief, or designee in charge shall be known as the fire code official. The function of the agency shall be the implantation, administration and enforcement of the provisions of this code.
4-3-202 Permits required for certain operations
Section 105.5.18(3) of the CFC is amended as follows
To store, handle or use Class II, Class III-A and Class III-B liquids in excess of twenty-five (25) gallons in a building or in excess of fifty-five (55) gallons outside a building
4-3-203 Approved automatic fire sprinklers
Section 903.7 of the CFC is amended by adding the following sections:
1. Approved automatic sprinkler systems are integrated systems of underground and overhead piping including a water supply of a type such as a gravity tank, fire pump, reservoir or pressure tank of a connection by underground piping to a city main, and which comply in all respects with the requirements adopted for such systems as described in the NFPA Pamphlet No. 13, as it now exists or as it may from time to time be amended. All required sprinkler systems shall meet NFPA 13 commercial standards unless mentioned below.
Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick-response sprinklers spaced throughout the attic in
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accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines. The sprinklers are to have interior warning devices approved by the Fire Chief.
2. Approved automatic sprinkler systems shall include a waterflow detecting device, and valves controlling such systems, and shall be supervised by a monitoring device or devices. Waterflow and monitoring devices shall operate on a continuous basis, to provide immediate notification of any activation of such systems to a central station as described in the NFPA Pamphlet No. 72, as it now exists or as it may from time to time be amended. Underground key or hub valves in roadway boxes provided by the City or a public utility need not be monitored.
Sprinkler riser rooms and Fire Department connections shall be marked as requested by the Fire Chief.
3. Notwithstanding the provisions of this Code or the provisions of any other codes of the City of Turlock, approved automatic sprinkler systems shall be installed in those buildings, structures or combination of building and structure hereinafter constructed, which meet any one (1) of the following criteria:
(a) Have a total aggregate floor area of five thousand (5,000) square feet or more. Aggregate floor area shall be determined by measuring and totaling the area within the outside walls of the structure for each floor, or mezzanine and basement; the area beneath all attached projections from the outside walls that are four (4’) feet or larger; and the floor area of any attached garage. If the structure has no outside walls, the area shall be measured from the edge of the eaves projection. If structures are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.
(b) Are three (3) stories or more, irrespective of height; including basements, cellars and/or mezzanines.
(c) When an existing building is modified to cause it to exceed any of the thresholds set forth above.
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(d) Any new building constructed for a Group A occupancy (as defined in California Building Code Section 303.1) or modified for Group A use.
4. Exceptions: When applying the provisions of this chapter, each portion of an existing building or structure separated by one (1) or more fire walls may be considered a separate building or structure; provided, that the fire walls meet the requirements of Section 705 of the current adopted edition of the California Building Code and the individual areas do not exceed the limits specified in Section 4-3-203 (3)(a) of this Code. Fire walls may not be added to avoid the installation of fire sprinklers in new buildings. Fire walls may not be added to existing buildings during remodel/addition to avoid the installation of fire sprinklers.
5. The Fire Chief shall have the power and authority to modify the enforcement of any part of this section. Such modification shall be upon terms and conditions as he/she shall deem proper, and shall become validated by passage of a Resolution from the City Council of the City of Turlock.
6. Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.
1. An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet. a. Fire area calculations shall include all floors, mezzanine, basements and any attached projections greater than four (4) feet.
b. Structures which are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.
c. Buildings three (3) stories or more, irrespective of height; including basements, cellars and or mezzanines.
d. Any Group A occupancy as defined in the California Building Code or modified for Group A use.
e. CFC 901.4.4 may not be exercised to add fire walls to avoid the installation of fire sprinklers in new buildings or to existing buildings during remodel/ addition.
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2. Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick-response sprinklers spaced throughout the attic in accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines.
3. The sprinklers are to have interior warning devices approved by the Fire Chief.
4. Existing buildings and structures shall have approved automatic fire sprinklers installed when any of the following exist:
a. When doing a remodel or addition the value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet.
b. The remodel or addition cause the building to exceed five thousand (5,000) square feet as outlined in this code above.
5. 5. Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.
4-3-204 Fire Department access
(a) Appendix D Section D101.1 is amended by adding:
Appendix D shall only be enforced on private roadways, property and streets not public roadways.
(a) (b) Appendix D Section D103.5(1) of the CFC is amended by adding:
Gated communities may be approved to have fifteen (15’) foot gates when automatic opening devices such as Opticom systems or the equivalent are installed and when approved by the Fire Chief. Knox Box access shall also be provided. Dual keyed Knox products for Police access shall be required.
Where a fire apparatus road consists of a divided roadway, the gate width shall not be less than 15 feet.
(c) Appendix D Section D102.1 of the CFC is amended by adding:
Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with asphalt or concrete capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
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Buildings or structures shall have an approved asphalt or concrete fire access road installed and accepted prior to final inspection.
(c) Appendix D Section D103.5(5) of the CFC is amended by adding:
Electric gates shall be operable by means of a Knox key switch accessible by both police and fire. Electric gates at housing complexes, gated communities or rental storage facilities shall also be dual equipped with Opticom strobe light system or as required by the Fire Chief. All Gate shall automatically open upon power failure.
(b) (d) Appendix D Section D103.5(6) of the CFC is amended by adding:
Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain and or a Knox Box with keys to the gate is added to the gate location. Dual keyed access for the Police Department shall be required.
(e) Section 504.1 of the CFC is amended by adding:
A clear walkway to the rear of any building shall be provided for firefighter access. For commercial projects The clear walkway shall include a the minimum following: 24 32- inch gate in fences and a 30 36-inch clear path. The clear path may be grass, soil or solid surface.
(f) Section 505.1 of the CFC is amended by adding:
Residential numbers shall be illuminated from dusk to dawn. (g) Section 505.1.1 of the CFC is amended by adding 501.1:
New commercial buildings, commercial buildings undergoing occupancy change and commercial buildings undergoing renovation shall have a minimum of 6-inch Arabic numerals or alphabet letters indicating the building’s street address. The numerals and letters are to have a 3/4-inch stroke and contrast with their background. The address shall be internally or externally illuminated from dusk until dawn. The address shall face the street or road fronting the property. Buildings which set back from the road or street over 100 feet may be required to have larger numerals/letters as required by the Fire Chief. Rear addresses may be required due to property configuration.
(h) Section 506.1.1 of the CFC is amended by adding:
When gates are required or requested across required fire access lanes, an automatic gate may be required. The gate will be required to open with the Opticom strobe light system (h) Section 507.5.1.2 of the 2022 2025 California Fire Code is hereby added to read as follows:
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Spacing. Fire hydrants shall be spaced nominally every 500 linear feet in residential areas and 300 linear feet in commercial or industrial areas and shall comply with city building standards. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other. used by the Turlock Fire Department. A Knox Box entry will also be required. (i) Section 912.4.1 of the CFC is amended by adding:
Locking Knox fire department connection caps will be required on all new installations. Knox caps will be required on existing fire department connections when required by the Fire Chief.
(j) Section 912.8 of the CFC 2022 2025 California Fire Code is amended by adding:
A fire hydrant shall be located within 75’ of all required fire department connections (FDC). Fire hydrants serving sprinkler systems shall be located on the City side of the back-flow prevention device. Fire department connections and hydrants shall be installed to prevent the FDC from pressurizing any hydrants. (k) Section 912.9 of the CFC is amended by adding:
Fire hydrants shall not be placed on the fire suppression side of a fire department connection. The Fire Chief may require a looped underground fire service to large projects when deemed necessary.
(k) Section 507.5 of the 2022 2025 California Fire Code is hereby amended to read as follows:
Fire hydrant systems. Fire hydrant systems shall comply with section 507.5.1 through 507.5.6 and Appendix C or by an approved method. Fire hydrants shall be located on the supply side of the fire suppression system check valve and accessible from the apparatus roads in compliance with Section 503.1 and Appendix D. Fire hydrants shall not be on the fire pump supply system unless supplied municipal pressures are not adequate for fire flow requirements. The fire code official may require a looped underground fire service for large projects when deemed necessary.
(l) (d) Section 506.3 of the CFC is amended by adding:
All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box). A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Materials plans will be required at commercial sites with significant
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amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.
(m)Section 503.2.3 of the California Fire Code is hereby amended by adding:
All weather shall be concrete or asphalt only.
(n) Section 507.5.1 of the 2022 2025 California Fire Code is hereby amended to read as follows:
Where required. When a portion of the facility or building here after constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.
(o) Section 507.5.1.1 of the 2022 2025California Fire Code is hereby amended to read as follows:
Hydrants for Standpipe systems. Buildings equipped with a standpipe system installed in accordance with section 903 shall have a fire hydrant within 75 feet of the fire department connection.
Exception: DELETED
4-3-205 Agricultural fire/pits barbecues/bonfires
(a) Section 307 of the CFC is amended by adding Section 307.2.2 as follows:
The only open burning allowed in the City will be products of agricultural pursuit. A permit shall be issued by the City and the San Joaquin Valley Air Control District.
(b) Section 307.4.1 of the CFC, Bonfires, is deleted.
Section 307.1-307.5 of the 2025 California Fire Code is hereby amended by adding and deleting the following:
307.1 No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled,
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conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas in the city limits in which agricultural uses are lawful or as regulated or prohibited by other municipal codes.
307.4.1 Deleted
307.4.2 shall be prohibited except for religious ceremonies and shall comply with other regulation or prohibitions of other city municipal codes or uses. Permit required. 307.4.3 shall comply with other regulation or prohibitions of other city municipal codes or uses.
307.5 Open burning or use of portable outdoor fire places as used at one and two- family dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available. 4-3-206 Electronics disconnects/solar photovoltaic systems (a) Section 603.4.1 of the CFC is amended by adding:
The main electrical service to any commercial building must be accessible for emergency shut-off from the outside of the building. This may be accomplished by providing a (one) main disconnect or a shunt trip device. If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip.
Photovoltaic (PV) power disconnects shall be located with the main electrical disconnect. Shunt trips or main disconnects, PV and generator controls shall be identified by signs approved by the Fire Chief. All disconnects shall not be separated by obstruction or fences. Exception: Electrical control room with a marked door that is accessible from the outside of the building.
(b) Section 1205.2.1 of the 2022 2025 CFC California Fire Code is amended by adding:
Residential solar photovoltaic systems shall have minimal exposed electrical conduit on roof top. Conduit may not be running over a roof ridge or ridges, unless approved by the Fire Chief.
4-3-207 Use of incinerators
Section 605.8 605.7 of the CFC 2022 2025 California Fire Code is hereby amended to read as follows:
The use of incinerators within the City limits of the City of Turlock is prohibited.
Exception: Human and pet incinerators.
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Incinerators. The use of incinerators is prohibited inside the city.
EXCEPTION: Incinerators used by state licensed facilities for the cremation of human or pet remains.
4-3-208 False alarms
Section 907.1.6 of the CFC is hereby amended added to read as follows:
It shall be unlawful for a person to give, signal or transmit a false fire alarm. The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or similar structures that have excessive false fire alarms.
Excessive false alarms shall be defined as more than three (3) false alarms in twelve (12) consecutive months.
4-3-209 Hotworks
Section 3504.2.6 of the CFC is amended to read as follows:
A minimum of 2-A:20B:C-rated fire extinguisher shall be located within thirty (30) feet of the location where hotworks is in progress and shall be accessible without climbing stairs. When required by the Fire Chief, a minimum 1-A:20B:C-rated fire extinguisher shall be mounted to each portable welding cart. All parts of this section shall comply with Section 906.
Not less than one portable fire extinguisher complying with section 906 and with a minimum 2-A:20BC rating shall be provided with ready access within 30 feet of the location where the hot works is being performed and without climbing stairs. 4-3-210 Portable unvented heating appliances
Section 603.9 of the CFC is amended to read as follows:
Portable, unvented heating appliances shall not be used in occupied buildings within the City limits of the City of Turlock. which produce carbon monoxide (CO) shall not be used in occupied buildings. Exception: When approved, listed portable unvented oil burning heating appliances may be used in any occupancy during construction when such use is necessary for the construction and does not represent a hazard to life or property.
Section 4103.1 of the 2025 California Fire Code is hereby amended to read as follows:
Portable unvented fuel-fired heating equipment which produces carbon monoxide (CO) shall be prohibited in any occupancy or building.
Exception:
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Buildings or structures under construction as outlined in chapter 33 of the 2025 California Fire Code.
4-3-211 Explosive materials prohibited and limited acts (a) Section 5604.1.1 of the CFC shall be amended added to read:
Limits established by law. The storage of explosives and blasting agents is restricted to those areas of the city zoned as Heavy Industrial (M-2).
Exception: Temporary storage for use in connection with approved blasting operations conducted in accordance with all applicable provisions of Chapter
56. (b) Section 5605.1.1 of the CFC shall be amended to read:
Manufacturing. Explosive materials and fireworks shall not be manufactured within the city limits of Turlock.
4-3-212 Operating heating, lighting, and cooking appliances (a) Section 5705.3.3 of the CFC is hereby amended to read as follows:
Heating, lighting or cooking appliances which utilize Class I liquids shall not be operated within a building or structure within the city limits of Turlock (b) Section 5705.1.1 5706.5.1.1 is hereby amended to read as follows:
Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited 4-3-213 Operations of tank vehicles
Section 5705.1.1 is hereby amended to read as follows:
Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited.
Section 5706.5 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
Bulk Transfer and Process Transfer Operations. Bulk transfer and process transfer operations shall be in approved locations. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring flammable or combustible liquids. Tank vehicle and tank car transfer facilities shall be separated from buildings, aboveground tanks, combustible materials, property lines, streets, alleys or public ways by a distance of twenty (25) feet (7620 mm) for Class I liquids and fifteen (15)
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feet (4572 mm) for Class II and III liquids measured from the nearest position of any loading or unloading valve.
Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations. 4-3-214 Deposits of hazardous materials: Cleanup, abatement, or mitigation required: Liability for costs
(a) Section 5003.3.1.4 of the CFC is amended to read as follows:
Responsibility of cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no costs to the jurisdiction. When deemed necessary by the Fire Chief, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City of Turlock shall include, but shall not be necessarily limited to the following: actual labor costs of City employees at their fully burdened hourly rate, cost of equipment operation, cost of materials obtained directly by the City, and cost of any contract labor and materials. (b) Section 5001.2 of the CFC, the definition of “Hazardous Materials,” is hereby amended to read as follows:
Definition: Hazardous materials. are those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 50, or as defined in the California Health and Safety Code, Division 20, Chapter 6.95, commencing with Section 25500, whether the materials are in useable or waste condition.
NFPA 704 placards may be required on all commercial buildings/structures with hazardous materials as required by the Fire Chief.
4-3-215 Location of containers
(a) Section 6103.1.1 of the California Fire Code is hereby added to read as follows:
Prohibited. LP-gas installations pertinent to systems are not permitted in any residential (R) zones regardless of water capacity.
(b) Section 6104.2 of the CFC California Fire Code is amended to read as follows:
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Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000-gallon water capacity.
The storage of liquefied petroleum gases is restricted to those areas of the City zoned Commercial-Industrial zone; M-1 and M-2 Industrial zones and in addition thereto to properties used as Automotive Service Stations located in the areas of the City zoned for commercial use.
Whenever the Fire Chief, in his discretion, determines the storage of liquefied petroleum gases is necessary in other areas, the aggregate capacity of any such installation shall not exceed 2,000 gallon water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Chief, after consideration of special features such as topographical condition, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local Fire Department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance. (c) Section 5504.3.1.1.3 of the 2025 California Fire Code is adopted by reference, in addition to the following:
Location. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law (table 5504.3.1.1). All R-1, R-2 and R-3 zoning designations as identified in the municipal code. 4-3-216 Outside storage and use of liquefied petroleum gas Section 6101.2 of the CFC is hereby amended to read as follows:
Permits shall be required as set forth in Sections 105.6 and 105.7.
Permits and Plans. A permit is required to store, use, handle or maintain any portable or stationary LP-gas container. The installer shall submit plans for any stationary LP-gas installation, regardless of size.
Exceptions:
(1) Containers not exceeding five (5) gallon water capacity, used for residential “barbecue” cooking, when used and stored outside of buildings.
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(2) Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.
(3) Factory-installed containers for recreational vehicles not exceeding ten- gallon water capacity.
(4) Factory-installed tanks that are permanently attached to recreational vehicles.
Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for the installation for the location has been issued for that location by the Fire Chief. 4-3-218 Special enclosures, i.e., ConVaults
(a) Section 5704.2.9.5 of the CFC is amended by adding the following:
The storage of Class I, II, and III A/B flammable and combustible liquids in aboveground tanks inside of buildings shall be in an approved double walled/protected tank. The tank shall be approved by the Fire Chief and installed per the CFC/NFPA.
(b) Section 5704.2.9.6.1 of the CFC is amended by adding the following:
The storage of Class I, II and III A/B flammable and combustible liquids in aboveground tanks outside a building is prohibited. Exception: Protected/ double walled aboveground tanks shall be approved by the Fire Chief. Aboveground tanks shall be installed per the CFC/NFPA.
(c) Section 312.2(2) of the CFC is amended to read as follows:
Spaced not more than 3 ft. (914 mm) between posts on center. (c) Section 312.2 of the 2025 California Fire Code is hereby amended to read as follows:
Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
1. Constructed of steel not less than six inches in diameter and concrete-filled;
2. Spaced not more than three feet between posts on center;
3. Set not less than three feet deep in a concrete footing of not less than a fifteen-inch diameter;
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4. Set with the top of the posts not less than three feet above ground; and
5. Located not less than five feet from the protected object. 4-3-219 Standpipe requirements
Section 905.3.1 of the CFC 2022 2025 California Fire Code is amended to read as follows:
Occupancies three or more stories in height shall be provided with a Class 1 standpipe system approved by the Fire Chief. (Except Group R-3 and R-3.1) Occupancies less than three stories in height but greater than 20,000 square feet per floor shall be required to install Class1 standpipe approved by the Fire Chief.
Garden type apartment complexes may be required to install Class 1 standpipe systems approved by the Fire Chief.
4-3-220 Alarm certifications
(a) Section 907.1.6 of the CFC is hereby amended added to read:
Certification. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm/monitoring systems installed after January 1, 2003. UL certification shall be provided for all previously existing commercial fire alarm systems no later than January 1, 2005. UL certification is required to be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building.
The UL certified system is to be monitored by a UL Central Station with all required services.
Exception. Supervisory service is not required for:
Automatic sprinkler systems in one and two-family dwellings. 4-3-221 Spray booths
Section 2401 2402 of the 2022 2025 CFC California Fire Code is hereby amended by adding:
2402.2 Spray booth is a listed mechanically ventilated appliance of varying dimensions and construction provided to enclose or accommodate a spraying operation and to confine and limit the escape of spray vapor and residue and to exhaust it safely.
Section 2401 2401.1 of the 2022 2025 CFC California Fire Code is hereby amended by adding:
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6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy.
4-3-222 Powered industrial trucks and equipment
Section 309 of the CFC is amended by adding Section 309.5.1 to read:
Forklifts. All LPG or natural gas driven equipment which operate inside shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906.
4-3-223 Combustible waste
Section 304.1.2 304.1.3 of the 2022 2025 California Fire Code is hereby amended by adding the following:
Vegetation abatement shall comply with the city municipal codes. The city may recover from the property owner those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such public nuisance and has failed to do so.
4-3-224 Pallet storage yards
Section 1106.2 of the California Fire Code is hereby by adding to read as follows:
Pallet Storage, Manufacturing and/or Recycling Facilities shall be maintained in accordance with Section 2810 of the California Fire Code. 4-3-301 Validity.
Section 1.1.12 of the CFC shall be amended to read:
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
4-3-302 Violations: Penalties.
Section 112.4 113.4 of the CFC is amended by adding:
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Violation of any provisions of this chapter or any International Code adopted by this chapter shall constitute a misdemeanor/infraction as provided in Title 1, Chapter 2 of the Turlock Municipal Code.
4-3-409 Sales, storage, use, and handling of fireworks.
CCR Title 19, Division 1, Chapter 6, Fireworks, is amended to read as follows:
(a) General. Sales, storage, use and handling of fireworks shall be in accordance with this division.
(b) (b) Fireworks not allowed in the City. Piccolo Petes, Whistling Petes and similar devices shall not be sold, possessed or used in the City limits. The Fire Chief shall have final determination regarding decisions pertaining to similar devices. (j) Stand construction. Merchandise may be displayed in approved glass enclosed counters or showcases, or merchandise may be displayed in stands constructed in the following manner:
(1) Walls shall be of plywood at least one-quarter (1/4") inch thick or of an approved noncombustible material.
(2) Each fireworks stand shall have a roof covering of aluminum or sheet iron.
SECTION 4. VALIDITY: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.
SECTION 5. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with the names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 14th day of October 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
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Signed and approved this ____ day of _________________, 2025.
SIGNED:
___________________________
Amy Bublak, Mayor
ATTEST:
_____________________________
Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus
State of California
City Council Staff Report
October 28, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Oscar Molina, Assistant Engineer
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Awarding bid and approving an Agreement with New Century Construction & Consulting, Inc of Turlock, California in the amount of $141,400.00 and authorizing a construction contingency amount of $14,140.00 (10.0%) for the construction of City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility" to be funded by Fund 258 "Housing Stimulus Funds".
Resolution: Determining the award of bid for construction of City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility" is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines
2. NARRATIVE:
The purpose of this project is to improve restrooms and building accessibility at both the Senior Center and the Marty Yerby Recreational Facility.
The main elements of the scope of work for this project consist of:
Senior Center
• Remove and replace all exterior doors and frames with new hollow metal doors and frames
• Provide an automatic door opener at two of the building entrances to allow access in accordance with the Americans with Disabilities Act (ADA) • Install touchless faucets and toilets in the restrooms • Remove and replace an existing drinking fountain
Marty Yerby Recreational Facility
• Remove all Fiber Reinforced Plastic (FRP) wall treatments in the restrooms and install tile on walls and floors
• Remove and replace all restroom plumbing fixtures with touchless style fixtures • Remove stall partitions and convert the male and female restrooms into two unisex restrooms to allow for access in accordance with ADA
• Modify the existing front door entrance to provide an automatic door opener to allow access in accordance with ADA
• Install new lighting, lighting controls, and exhaust fans in the restrooms
This project was previously advertised and bids opened on August 26, 2025. However, as
Agenda Staff Report
10/28/2025
only one bid was received and it came in approximately 82% above the Engineer’s Estimate at $236,000, Council rejected all bids submitted for this capital project per staff’s recommendation on September 9, 2025. Since then, the project has been re-advertised with a 30-day bid window which allowed for a pre-bid meeting to be held on September 25th to allow bidders greater opportunity to view the project sites.
City staff re-advertised this project on September 11, 2025 through the City's website for construction projects. On October 14, 2025, four (4) bids were received for City Project No. 24-036 "Renovations at Senior Center and Marty Yerby Recreational Facility."
Bid #1 Bid #2 Bid #3 Bid #4
New Century
Construction
ANV
Construction
Creative Property
Renewal
Pro Ex
Construction
Senior Center
Improvements
$77,100.00 $91,450.00 $128,452.00 $139,345.56
Marty Yerby
Facility
Improvements
$64,300.00 $77,250.00 $99,1420.00 $136,591.45
Total Base Bid $141,400.00 $168,700.00 $227,594.00 $275,937.01
Staff has reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement with New Century Construction, Inc of Turlock, California, as the lowest responsive, responsible bidder with a total base bid amount of $141,400.00.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No General Fund Money will be used for this project.
The total project costs are estimated as displayed below:
Construction Contractor Bid Cost $141,400.00
Construction Contingency $14,100.00
Preliminary Engineering $50,688.00
Architect Fee $27,500.00
Building Permit Fees $2,000.00
Construction Engineering $16,000.00
Hazardous Materials Testing $2,500.00
Estimated Total Project Costs $254,188.00
A breakdown of estimated project costs by fiscal year is displayed below:
Agenda Staff Report
10/28/2025
Project expenses prior to Fiscal Year 2025-
26 $65,538.00
Project expenses in Fiscal Year 2025-26 $188,650.00
Estimated Total Project Costs $254,188.00
The designated project account numbers for this project are Fund 258 “Housing Stimulus Funds” account numbers 258-41-498.47218_001 "Public Improvements Marty Yerby" and 258-41-498.47218_002 "Public Improvements Senior Center." Design phase costs were split evenly between these two accounts.
Construction costs are to be split 45.5% to account number 258-41-498.47218_001 "Public Improvements Marty Yerby" and 54.5% to account number 258-41-498.47218_002 "Public Improvements Senior Center" as per the construction bid breakdown by facility. Project expenses in Fiscal Year 2025-26 are estimated to total $188,650.00. Fiscal Year 2025-26 expenses are estimated to be distributed to these two accounts as follows.
Estimated Fiscal Year 2025-26 expenses to
account 258-41-498.47218_001 "Public
Improvements Marty Yerby"
$87,925.00
Estimated Fiscal Year 2025-26 expenses to
account 258-41-498.47218_002 "Public
Improvements Senior Center"
$100,725.00
Estimated Project Costs in Fiscal Year
2025-26
$ 188,650.00
4. ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves negligible or no expansion of use in the existing facilities.
5. ATTACHMENTS:
1. Draft Resolution
2. Bidder's Summary
3. CP 24-036 Agreement
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DETERMINING THE AWARD } RESOLUTION NO. 2025- OF BID FOR CONSTRUCTION OF CITY PROJECT}
NO. 24-036 “RENOVATIONS AT SENIOR CENTER}
AND MARTY YERBY RECREATIONAL FACILITY”}
IS EXEMPT FROM THE PROVISIONS OF CEQA }
IN ACCORDANCE WITH SECTION 15301 OF THE }
CEQA GUIDELINES }
_________________________________________ }
WHEREAS, City Project No. 24-036 “Renovations at Senior Center and Marty Yerby Recreational Facility", will provide automatic door openers at both sites, remove and replace all restroom plumbing fixtures with touchless style fixtures; and
WHEREAS, on October 14, 2025, four (4) bids were received for the construction of City Project No. 24-036, with New Century Construction & Consulting, Inc., of Turlock, CA, submitting the lowest responsive, responsible bid; and
WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid for construction of City Project No. 24-036 “Renovations at Senior Center and Marty Yerby Recreational Facility " is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 28th 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 OF TURLOCK BIDDER'S SUMMARY
PROJECT TITLE: Renovations at Senior Center and Marty Yerby Recreational Facility PROJECT NUMBER: 24-036
BID OPENING:
1:00 PM
ANTICIPATED COUNCIL AWARD DATE: 10/28/2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 6,000.00$ 6,000.00$ 36,752.00$ 36,752.00$ 4,300.00$ 4,300.00$ 2 Remove Existing Improvements LS 1 4,500.00$ 4,500.00$ 5,000.00$ 5,000.00$ 4,500.00$ 4,500.00$ 5,700.00$ 5,700.00$ 8,600.00$ 8,600.00$ 3 Hollow Metal Doors, Frames, and
Hardware EA 6 2,400.00$ 14,400.00$ 2,700.00$ 16,200.00$ 4,500.00$ 27,000.00$ 6,350.00$ 38,100.00$ 4,300.00$ 25,800.00$ 4 Access and Actuators EA 2 1,450.00$ 2,900.00$ 1,500.00$ 3,000.00$ 2,600.00$ 5,200.00$ 2,250.00$ 4,500.00$ 4,128.00$ 8,256.00$ 5 Openers EA 2 3,000.00$ 6,000.00$ 4,500.00$ 9,000.00$ 3,500.00$ 7,000.00$ 2,550.00$ 5,100.00$ 9,460.00$ 18,920.00$ 6 Allowance - Wall Paint ALLOW 1 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 7 Occupant Load Sign LS 1 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 750.00$ 750.00$ 150.00$ 150.00$ 2,580.00$ 2,580.00$ 8 Paint Doors EA 6 300.00$ 1,800.00$ 200.00$ 1,200.00$ 500.00$ 3,000.00$ 583.40$ 3,500.40$ 286.67$ 1,720.02$ 9 Mechanical - Plumbing Connections EA 14 1,500.00$ 21,000.00$ 1,450.00$ 20,300.00$ 1,750.00$ 24,500.00$ 1,024.21$ 14,338.94$ 3,427.71$ 47,987.94$ 10 Mechanical - Drinking Fountain LS 1 $5,500.00 5,500.00$ $4,900.00 4,900.00$ $5,500.00 5,500.00$ $5,421.00 5,421.00$ $8,084.00 8,084.00$ 11 Electrical - J Box EA 2 $500.00 1,000.00$ $850.00 1,700.00$ $1,000.00 2,000.00$ $750.00 1,500.00$ $423.12 846.24$ 12 Electrical - Electrical Metallic Tubing LS 1 $2,000.00 2,000.00$ $4,300.00 4,300.00$ $2,500.00 2,500.00$ $1,250.00 1,250.00$ $7,237.76 7,237.76$ 13 Any Work Not Included in the Bid Items
Above LS 1 $0.00 -$ $2,000.00 2,000.00$ $0.00 -$ $8,639.66 8,639.66$ $1,513.60 1,513.60$ Total = 77,100.00$ 91,450.00$ 128,452.00$ 139,345.56$ 2 ANV Construction
3 Creative Property Renewal
4 Pro Ex Construction
October 14, 2025
1 ENGINEER'S EST. New Century Construction
68,600.00$
Senior Center
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization and Demobilization LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 6,000.00$ 6,000.00$ 31,750.00$ 31,750.00$ 4,300.00$ 4,300.00$ 2 Remove Existing Improvements LS 1 4,500.00$ 4,500.00$ 5,000.00$ 5,000.00$ 4,500.00$ 4,500.00$ 3,564.00$ 3,564.00$ 6,020.00$ 6,020.00$ 3 Access and Actuators EA 1 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 2,600.00$ 2,600.00$ 1,750.00$ 1,750.00$ 4,128.00$ 4,128.00$ 4 Openers EA 1 3,000.00$ 3,000.00$ 4,500.00$ 4,500.00$ 3,500.00$ 3,500.00$ 750.00$ 750.00$ 9,480.00$ 9,480.00$ 5 Wall Modification LS 1 6,000.00$ 6,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 3,500.00$ 3,500.00$ 8,600.00$ 8,600.00$ 6 Occupant Load Sign LS 1 500.00$ 500.00$ 1,000.00$ 1,000.00$ 750.00$ 750.00$ 150.00$ 150.00$ 2,580.00$ 2,580.00$ 7 Painting Interior Walls and Ceiling LS 1 6,000.00$ 6,000.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 4,000.00$ 4,000.00$ 8,600.00$ 8,600.00$ 8 Tile Installation LS 1 15,000.00$ 15,000.00$ 9,800.00$ 9,800.00$ 15,000.00$ 15,000.00$ 21,929.00$ 21,929.00$ 30,100.00$ 30,100.00$ 9 Paint Doors EA 3 300.00$ 900.00$ 200.00$ 600.00$ 500.00$ 1,500.00$ 583.40$ 1,750.20$ 286.67$ 860.01$ 10 Toilet Accessories and Restroom Signage LS 1 9,000.00$ 9,000.00$ 2,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 200.00$ 200.00$ 13,760.00$ 13,760.00$ 11 Mechanical - Plumbing Connections EA 4 $2,000.00 8,000.00$ $2,200.00 8,800.00$ $1,850.00 7,400.00$ $1,024.21 4,096.84$ $7,525.00 30,100.00$ 12 Electrical - Electrical Metallic Tubing LS 1 $1,500.00 1,500.00$ $1,250.00 1,250.00$ $6,500.00 6,500.00$ $1,500.00 1,500.00$ $2,058.84 2,058.84$ 13 Electrical - J Box EA 1 $1,000.00 1,000.00$ $850.00 850.00$ $1,000.00 1,000.00$ $750.00 750.00$ $423.12 423.12$ 14 Exhaust Fans EA 2 $1,500.00 3,000.00$ $1,000.00 2,000.00$ $1,750.00 3,500.00$ $1,475.00 2,950.00$ $2,150.00 4,300.00$ 15 Any Work Not Included in the Bid Items
Above LS 1 $0.00 -$ $4,000.00 4,000.00$ $0.00 -$ $20,501.96 20,501.96$ $11,281.48 11,281.48$ Total =
4 Pro Ex Construction
136,591.45$
Marty Yerby
2 ANV Construction
77,250.00$
3 Creative Property Renewal
99,142.00$
1 ENGINEER'S EST. New Century Construciton
65,400.00$ 64,300.00$
CITY CONTRACT NO. 2026-058 1
CITY PROJECT NO. 24-036
Rev. 04/09/2025
AGREEMENT
FOR PUBLIC IMPROVEMENT
City Project No. 24-036
Renovations at Senior Center and Marty Yerby Recreational Facility
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and New Century Construction & Consulting Inc., a California corporation (“Contractor”), on this 28th day of October 2025 (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of Renovations at Senior Center and Marty Yerby Recreational Facility (the “Project”).
B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.
C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).
D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.
E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on October 28, 2025, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.
CITY CONTRACT NO. 2026-058 2
CITY PROJECT NO. 24-036
Rev. 04/09/2025
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock for Renovations at Senior Center and Marty Yerby Recreational Facility;
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required in any of the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.
All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.
2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).
The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.
3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to
CITY CONTRACT NO. 2026-058 3
CITY PROJECT NO. 24-036
Rev. 04/09/2025
this Section; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor.
(c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and, in the manner, designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Renovations at Senior Center and Marty Yerby Recreational Facility.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.
Exhibit Designation Exhibit Title
1. Exhibit A Contractor’s Proposal for Services
2. Exhibit B Payment by Force Account
3. Exhibit C Workers’ Compensation Insurance Certification
4. Exhibit D Performance Bond
5. Exhibit E Payment Bond
4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed One Hundred Forty-One Thousand Four Hundred Dollars ($141,400.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order.
The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or
(b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or
(c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.
CITY CONTRACT NO. 2026-058 4
CITY PROJECT NO. 24-036
Rev. 04/09/2025
5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project shall be substantially completed on or before the expiration of Twenty-Five (25) working days (the “Substantial Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. All work on this project, including all punch list items, shall be completed on or before the expiration of Thirty-Five (35) working days (the “Final Completion Due Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued.
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Substantial and Final Completion Due Dates, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Substantial and Final Completion Due Dates, in writing, to the City Engineer.
The Substantial and Final Completion Due Dates may only be changed by a contract change order.
The value of any work covered by a contract change order for an adjustment in the Substantial and Final Completion Due Dates will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:
1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or
2. where the delay is caused by actions beyond the control of Contractor; or
3. where the delay is caused by actions or failure to act by the City Engineer.
Contractor shall not be entitled to an adjustment in the Substantial and Final Completion Due Dates for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor.
(b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural
CITY CONTRACT NO. 2026-058 5
CITY PROJECT NO. 24-036
Rev. 04/09/2025
disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor.
Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Substantial and Final Completion Due Dates shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.
(c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.
To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.
Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.
CITY CONTRACT NO. 2026-058 6
CITY PROJECT NO. 24-036
Rev. 04/09/2025
If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.
In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Substantial Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Six Hundred Seventy and no/100ths Dollars ($670.00) for each calendar day beyond the Substantial Completion Due Date. Upon Substantial Completion of the work, and in the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Final Completion Due Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to One Hundred Fifty and no/100ths Dollars ($150.00) for each calendar day beyond the Final Completion Due Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Substantial and Final Completion Due Dates. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Substantial and Final Completion Due Dates shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Substantial and Final Completion Due Dates.
CITY CONTRACT NO. 2026-058 7
CITY PROJECT NO. 24-036
Rev. 04/09/2025
6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If City terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor.
(b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.
7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect
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or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.
8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the City Standards in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).
No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.
Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).
Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.
9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be
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required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement.
(c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.
Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.
10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.
Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor
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shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.
11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.
In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code.
(b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.
12. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.
13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection
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will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.
14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.
Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.
If any accident occurs in connection with the Contract, Contractor shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
15. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.
16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the
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Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract.
It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.
17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others.
(b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.
18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.
Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City.
(a) Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00
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01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, and One Million Dollars ($1,000,000.00) products and completed operations aggregate for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations.
(2) For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or self- insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) by disease- policy limit, and One Million Dollars ($1,000,000.00) by disease-each employee.
(c) Commercial Auto Insurance. Contractor shall maintain commercial auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than One Million Dollars ($1,000,000.00) per accident.
The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.
(d) Builder’s Risk Insurance. [Intentionally Omitted]
(e) Contractors Pollution Insurance. [Intentionally Omitted]
(f) Professional Liability Insurance. [Intentionally Omitted]
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(g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
(h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
(i) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A-: VII or with an insurer to which City has provided prior approval.
(j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
(l) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to
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City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.
All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Final Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.
All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.
When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.
20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit.
(b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.
21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.
22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.
23. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration
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before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.
The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure.
(c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration.
All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.
24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
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25. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: New Century Construction & Consulting Inc.
Attn: Denise Jacobo
3208 Liberty Square Parkway
Turlock, CA 95380
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________
26. City Contract Administrator: The City’s contract administrator and contact person for this Agreement is:
Oscar Molina, E.I.T.
City of Turlock Engineering Division
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-5520
E-mail: [email protected]
27. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
28. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.
CITY CONTRACT NO. 2026-058 18
CITY PROJECT NO. 24-036
Rev. 04/09/2025
29. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.
30. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.
31. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.
32. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.
33. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
34. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
35. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
36. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.
CITY CONTRACT NO. 2026-058 19
CITY PROJECT NO. 24-036
Rev. 04/09/2025
37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
38. Execution and Counterparts: This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
41. Attorney’s Fees and Costs: Except as expressly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.
43. Recitals: The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail.
[Signatures on Following Page]
CITY CONTRACT NO. 2026-058 20
CITY PROJECT NO. 24-036
Rev. 04/09/2025
IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 39 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.
NEW CENTURY CONSTRUCTION & CITY OF TURLOCK, a California municipal CONSULTING INC., corporation
a California corporation
By: ____________________________ By: _____________________________ Susan E. Borrego, Interim City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ William D. Morris, RCE, PLS, City Engineer
Date: ___________________________
By: _____________________________
Christopher Fisher, Municipal Services
Director
Federal Tax ID or Social Security No:
APPROVED AS TO FORM:
_______________________________
By: _____________________________
George A. Petrulakis, City Attorney
DIR Registration Number:
_______________________________ ATTEST:
Affix Contractor’s Seal Here By: _____________________________ Nichole Fiez, City Clerk
CITY CONTRACT NO. 2026-058 21
CITY PROJECT NO. 24-036
Rev. 04/09/2025
EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
CITY CONTRACT NO. 2026-058 22
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 23
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 24
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 25
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 26
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 27
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 28
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 29
CITY PROJECT NO. 24-036
Rev. 04/09/2025
CITY CONTRACT NO. 2026-058 30
CITY PROJECT NO. 24-036
Rev. 04/09/2025
EXHIBIT B
PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.
A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a fifteen percent (15%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:
1. Employer payment to the worker for:
1.1 Basic hourly wage
1.2 Health and welfare
1.3 Pension
1.4 Vacation
1.5 Training
1.6 Other State and federal recognized fringe benefit payments
2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:
2.1 Workers' compensation insurance
2.2 Social security
2.3 Medicare
2.4 Federal unemployment insurance
2.5 State unemployment insurance
2.6 State training taxes
3. Subsistence and travel allowances paid to the workers
4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs
CITY CONTRACT NO. 2026-058 31
CITY PROJECT NO. 24-036
Rev. 04/09/2025
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:
1. A fifteen percent (15%) markup is added;
2. Supplier discounts are subtracted whether the Contractor takes them or not;
3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;
4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:
4.1 Price paid by the purchaser for similar materials from that source on Contract items; and
4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:
5.1 During that period
5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:
1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.
2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.
3. Fifteen percent (15%) percent markup.
If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location.
If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.
Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
CITY CONTRACT NO. 2026-058 32
CITY PROJECT NO. 24-036
Rev. 04/09/2025
The City Engineer determines rental costs:
1. Using rates in Labor Surcharge and Equipment Rental Rates:
1.1. By classifying equipment using manufacturer's ratings and manufacturer- approved changes.
1.2. Current during the work paid by force account.
1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:
1.3.1. Rented from equipment business Contractor does not own.
1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.
2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:
2.1. Rented from equipment business Contractor does not own.
2.2. The City Engineer establishes a rate of $10.00 per hour or less.
3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.
Equipment rental rates include the cost of:
1. Fuel 7. Repairs and maintenance
2. Oil 8. Depreciation
3. Lubrication 9. Storage
4. Supplies 10. Insurance
5. Small tools that are not consumed by use 11. Incidentals
6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.
The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:
1. Contractor submits a request to use rented equipment
2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors
3. Rented equipment is from an independent rental company
4. Proposed equipment rental rate is reasonable
5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
CITY CONTRACT NO. 2026-058 33
CITY PROJECT NO. 24-036
Rev. 04/09/2025
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:
1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account and:
3.1. Hourly rates are paid in 1/2-hour increments
3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for original- Contract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.
The minimum total time paid is:
1. 1 day if daily rates are paid
2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:
1. Idled is paid as 1/2 day
2. Operated four (4) hours or less is paid as 1/2 day
3. Operated four (4) hours or more is paid as one (1) day
If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.
The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.
Equipment Rental Hours
Hours
operated
Hours
paid
0.0 4.00
0.5 4.25
1.0 4.50
1.5 4.75
2.0 5.00
2.5 5.25
3.0 5.50
3.5 5.75
4.0 6.00
CITY CONTRACT NO. 2026-058 34
CITY PROJECT NO. 24-036
Rev. 04/09/2025
4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.5
7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:
1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account
G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for non- owner-operated dump truck rental to City. The City Engineer shall determine the payment rate.
Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.
The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
CITY CONTRACT NO. 2026-058 35
CITY PROJECT NO. 24-036
Rev. 04/09/2025
EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):
Business Phone: ( )
CITY CONTRACT NO. 2026-058 36
CITY PROJECT NO. 24-036
Rev. 04/09/2025
EXHIBIT D
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, State of California, has awarded to New Century Construction & Consulting Inc., hereinafter designated as the “Principal,” a contract for Project No. 24-036, “Renovations at Senior Center and Marty Yerby Recreational Facility”; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.
The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
CITY CONTRACT NO. 2026-058 37
CITY PROJECT NO. 24-036
Rev. 04/09/2025
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:
Risk Manager
CITY CONTRACT NO. 2026-058 38
CITY PROJECT NO. 24-036
Rev. 04/09/2025
EXHIBIT E
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, a municipal corporation, has awarded to New Century Construction & Consulting Inc., hereinafter designated as the “Principal”, a contract for Project No.24-036, “Renovations at Senior Center and Marty Yerby Recreational Facility”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications.
[Signatures on Following Page]
CITY CONTRACT NO. 2026-058 39
CITY PROJECT NO. 24-036
Rev. 04/09/2025
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:
Risk Manager
City Council Staff Report
October 28, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Approving the reformat of the job description for the position of City Attorney and amend the Management Salary Schedule effective October 28, 2025
2. NARRATIVE:
Following the recent resignation announcement of Contract City Attorney George A.
Petrulakis, who will be concluding his tenure with the City, and at the direction of the Interim City Manager, the request before the Council is to approve the existing job description, which has been reformatted, and amend the existing Management Salary Schedule to include the City Attorney salary range.
The City has not had an in-house city-employed City Attorney since March 4, 2018. The salary range last adopted by Council is range 47.4 of the Management Salary Schedule and has been compared with the City’s designated survey cities that maintain in-house City Attorney services.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There is sufficient funding available to cover the fiscal impact of $196,693 for six months by an administrative transfer of funds from the Contract City Attorney general ledger account to salaries and benefits in the General Fund. Future fiscal years will include this position in the proposed budget as appropriate.
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
2. City Attorney Job Description
3. Draft Management Salary Schedule
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, the City Council has been informed of the resignation of Contract City Attorney George A. Petrulakis, concluding his service to the City; and WHEREAS, the City’s last in-house City-employed City Attorney position was vacated in 2018, and reinstating the position will restore in-house legal representation; and WHEREAS, staff has updated and reformatted the City Attorney job description; and WHEREAS, the proposed salary range for the position has been aligned with the City’s Management Salary Schedule and benchmarked against designated survey cities that employ in-house City Attorneys; and
WHEREAS, adequate funds are available in the current fiscal year budget to support the position, and future budgets will include appropriate funding for continued service.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the reformat of the job description for the position of City Attorney and amend the Management Salary Schedule to include the City Attorney position.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 28th 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
}
}
}
}
}
}
RESOLUTION NO. 2025-XXXIN THE MATTER OF APPROVING THE
REFORMAT OF THE JOB DESCRIPTION
FOR THE POSITION OF CITY ATTORNEY
AND AMENDING THE MANAGEMENT
SALARY SCHEDULE TO INCLUDE THE
CITY ATTORNEY POSITION
City of Turlock
CITY ATTORNEY
DEFINITION
Under policy direction, acts as legal advisor to the City Council, City Administrative Staff, and various boards and commissions of the City; represents the City in litigation; directs the City's legal services; and to do related work as required. Is appointed by and serves at the pleasure of the City Council.
This position is designated as Management for Labor Relations purposes and is considered exempt under the Fair Labor Standards Act (FLSA).
DISTINGUISHING CHARACTERISTICS
Exercises policy interpretation and application for assigned program/functional area. The incumbent is expected to demonstrate technical competence while working as a team member and exercise independent judgment in a number of confidential and sensitive assignments. Duties and responsibilities are performed in accordance with municipal codes, ordinances, City policy, and related regulating entities.
SUPERVISION RECEIVED AND EXERCISED
Policy direction is provided by the City Council. The job incumbent may provide general supervision to subordinate level technical and clerical staff as assigned.
ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Renders legal opinions to the City Council, City Manager, and Department Heads as requested • Analyzes legislation affecting the City
• Prepares legislation, contracts, agreements and other legal documents • Reviews the legality or sufficiency of contracts, bonds, bids, leases, insurance, and claims • Attends meetings of the City Council, Planning Commission, and various committees and boards as required and renders legal advice on matters on the agenda • Represents the City in litigation and administrative hearings • Prosecutes criminal violators of City laws and civil remedies to abate public nuisance, recover for damages to City property, condemns private property for public purposes and other matters • Supervises and reviews the work of legal and secretarial staff • Researches, interprets, and applies laws, court decisions, and other legal authority in the preparation of opinions and briefs.
• Performs related duties as assigned.
QUALIFICATIONS
Knowledge of:
• Organizations, duties, powers, limitations and authority of City government and the City Attorney's office.
• California codes and principles of administration and constitutional law • Methods of legal research
• Purposes and functions of governmental agencies, boards, commissions and other governmental bodies
Ability to:
• Conduct legal research
• Evaluate facts and interpret the law
• Investigate and prosecute civil complaints
• Analyze and apply legal principles, facts and precedents to legal problems • Present laws, facts and arguments clearly and logically in written and oral form • Supervise legal and clerical staff and establish effective and cooperative working relationships with those contacted in the course of work
Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Three years of experience in the practice of law for a governmental jurisdiction, preferably a municipality.
Training:
Possession of a juris doctorate degree from an accredited law school.
License:
Admission to the Bar of the State of California and ability to maintain it as a condition of continued employment.
ADDITIONAL INFORMATION:
Physical Conditions:
Maintain the following physical abilities: See well enough to operate vehicles and equipment, read instructions and follow directions; hear well enough to distinguish mechanical noises, to converse on the radio, telephone and in person; use of hands and fingers for writing, typing, and other computer related functions; and be able to lift equipment as necessary.
FLSA Status: Exempt
Bargaining Unit: Management
Revised: October 28, 2025
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date
MANAGEMENT MONTHLY SALARY SCHEDULE EFFECTIVE FY 2025-2026 Range Step 1 Step 2 Step 3 Step 4 Step 5
ADMINISTRATIVE ANALYST 29.1 8203 8613 9044 9496 9971
LABORATORY & ENVIRONMENTAL SUPERINTENDENT 32.1 9496 9971 10469 10993 11542 PRINCIPAL HUMAN RELATIONS ANALYST 32.1 9496 9971 10469 10993 11542
PARKS/STREETS & PUBLIC FACILITIES
SUPERINTENDENT 32.1 9496 9971 10469 10993 11542
PURCHASING MANAGER 32.1 9496 9971 10469 10993 11542
RECREATION SUPERINTENDENT 32.1 9496 9971 10469 10993 11542 FLEET SERVICES MANAGER 34.1 10469 10993 11542 12119 12725 PUBLIC WORKS SUPERVISOR / CITY SURVEYOR 34.1 10469 10993 11542 12119 12725 PLANNING MANAGER 34.1 10469 10993 11542 12119 12725
REGULATORY AFFAIRS MGR 34.1 10469 10993 11542 12119 12725 ROADS PROGRAM MANAGER 34.1 10469 10993 11542 12119 12725 UTILITIES MANAGER 34.1 10469 10993 11542 12119 12725
WQC DIVISION MGR 34.1 10469 10993 11542 12119 12725
HOUSING PROGRAM MANAGER 34.1 10469 10993 11542 12119 12725 ACCOUNTANT, PRINCIPAL 35.1 10993 11542 12119 12725 13361 CIVIL ENGINEER, PRINCIPAL 35.1 10993 11542 12119 12725 13361 EXECUTIVE ASST TO CM/CITY CLERK 35.1 10993 11542 12119 12725 13361 TRANSIT MANAGER 35.1 10993 11542 12119 12725 13361
INFO TECH MANAGER 35.8 11384 11952 12550 13178 13835
BUILDING OFFICIAL, CHIEF 36.1 11542 12119 12725 13361 14030 WATER TREATMENT PLANT MANAGER 36.1 11542 12119 12725 13361 14030 ASSISTANT MUNICIPAL SERVICES DIRECTOR 38.1 12725 13361 14030 14731 15468 POLICE SUPPORT OPERATIONS MANAGER 38.1 12725 13361 14030 14731 15468 CITY ENGINEER 39.1 13361 14030 14731 15468 16242
HUMAN RELATIONS DIRECTOR 39.1 13361 14030 14731 15468 16242 DEV SERV DIRECTOR 39.1 13361 14030 14731 15468 16242
FINANCE DIRECTOR 39.1 13361 14030 14731 15468 16242
MUNICIPAL SERVICES DIR 39.1 13361 14030 14731 15468 16242
ECONOMIC DEVELOPMENT DIRECTOR /
COMMUNICATIONS OFFICER 39.1 13361 14030 14731 15468 16242
INFORMATION TECHNOLOGY
DIRECTOR 39.1 13361 14030 14731 15468 16242
PUBLIC WORKS DIRECTOR 39.1 13361 14030 14731 15468 16242 RISK MANAGEMENT DIRECTOR 39.1 13361 14030 14731 15468 16242
MUNICIPAL SERVICES DIRECTOR / SRWA GENERAL
MANAGER 40.1 14030 14731 15468 16242 17054
FIRE CHIEF 41.1 14731 15468 16242 17054 17906
DEPUTY CITY MANAGER 42.5 15780 16569 17398 18267 19180
POLICE CHIEF 43.6 16652 17485 18358 19276 20240
CITY MANAGER 45.7 18450 19372 20341 21358 22425
CITY ATTORNEY 47.4 20039 21041 22092 23197 24357
REVISED AND EFFECTIVE 10/28/2025