Exeter City Council
November 14, 2023

EXETER CITY COUNCIL ACTION MINUTES
October 10, 2023
A closed session of the City Council, City of Exeter was held on Tuesday, October 10, 2023, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Frankie Alves, Justin Mills, and Vicki Riddle COUNCIL ABSENT: Barbara Sally and Jacob Johnson
STAFF PRESENT: Adam Ennis, Shonna Oneal, and Julia Lew
A. CALL TO ORDER CLOSED SESSION
Mayor Alves called the closed session to order at 6:30 p.m.

B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Mayor Alves requested those who wish to speak on matters listed on the Closed Session Agenda to do so at this time.

There were no public comments presented.

C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

Mayor Alves adjourned to closed session at 6:30 p.m.

1. 54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Groups: All represented and unrepresented employees

2. 54956.9(d)(1) Conference with Legal Counsel re: Existing Litigation Exeter Irrigation District v. Smee Homes, Inc. et al.

Tulare County Superior Court Case No. 301384
A regular session of the City Council, City of Exeter was held on Tuesday, October 10, 2023, at 7:04 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Frankie Alves, Justin Mills, and Vicki Riddle COUNCIL ABSENT: Barbara Sally and Jacob Johnson
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, Shonna Oneal, John Hall, Eekhong Franco, and Christina Arias
D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) Mayor Alves called the regular session to order at 7:04 p.m. City Attorney Julia Lew advised there was nothing to report from Closed Session.

E. PLEDGE OF ALLEGIANCE AND INVOCATION
The edge of Allegiance was given by Council Member Riddle and an invocation was given by Pastor Alan F. SPECIAL PRESENTATIONS: None
G. PUBLIC COMMENTS:

Pamela Whitmire addressed the Council to advise regarding a grant opportunity with the National Housing Trust Fund program.

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 2, October 10, 2023
H. CONSENT CALENDAR:

It was moved by Mayor Pro Tem Mills, seconded by Council Member Riddle, and carried 3-0 (Council Member Sally and Council Member Johnson absent) that the items on the Consent Calendar be approved as presented.

1. Approve regular minutes of September 26, 2023

2. Payment of Bills

3. Payroll September 29, 2023

4. Authorize the City Administrator to execute a purchasing agreement with Portable Restroom Trailers of Lake Wylie, South Carolina for the purchase of a 2 Station Restroom Trailer, in the amount of $40,690.00.

5. Approve a closure of the public parking lot located between the Center for Art, Culture and History -

6. Approve a request from Jason Moule representing Exeter Fire Station #11 for a street closure of F St. between the City Public Parking Lot and Palm Street to host the South Valley Battle of the Badges Blood Drive at 137 N. F St. between the hours of 3:00 p.m. - 7:00 p.m. on Friday November 10, 2023

7. Approve a request for a street closure of B St. between Pine St. and Rocky Hill Drive for the Southern Sierra Cyclists' Swap Meet, beginning at 12:00 p.m. November 12, 2023, and ending at 5:00 p.m., subject to the conditions presented by staff.

Authorize the City Administrator to execute a sole source, two-year agreement with Able Industries, Inc. of Visalia, CA, in an amount not to exceed $6,000 annually, to provide landscape maintenance and litter removal services for the Belmont Bike Path.

9. Authorize the City Administrator to execute a sole source, two-year agreement with Able Industries, Inc. of Visalia, CA, in an amount not to exceed $6,000 annually, to provide maintenance and litter removal services for the Visalia Road Landscape Medians.

I. INDIVIDUAL BUSINESS ITEMS:

1. Authorize Tulare County to use the remaining two years of the full 5-year formula of the Permanent Local Housing Allocation (PLHA) on rehabilitation of the Mt. Whitney Senior Housing in Lindsay and the City Administrator to execute any other related documents. City Administrator Adam Ennis provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Riddle, seconded by Mayor Pro Tem Mills and carried 3-0 (Council Member Sally and Council Member Johnson absent) to approve the item as presented.

2. Approval of, and authorization for the City Administrator to execute, a Carnegie Building facility use agreement with Community Services Employment Training (CSET) for their use in providing CSET managed senior services July 1, 2023, through June 30, 2025, and consideration of the cost of utilities and refuse service. City Administrator Adam Ennis provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Riddle, seconded by Mayor Pro Tem Mills and carried 3-0 (Council Member Sally and Council Member Johnson absent) to approve the City Administrator to execute, a Carnegie Building facility use agreement with Community Services Employment Training (CSET) and add a section indicating City of Exeter will only cover water, sewer, and refuse and other utilities are covered by CSET.

3. Appoint either Virginia Padilla, Joel A. Miller, or Jon Stearns to the Measure R Citizens Oversight Committee Representative position for a two-year term. City Administrator Adam Ennis provided a report for Council's review and consideration. With no discussion, it was moved by Council Member Riddle, seconded by Mayor Pro Tem Mills to and carried 3-0 (Council Member Sally and Council Member Johnson absent) to appoint Jon Stearns to the Measure R Citizens Oversight Committee Representative position for a two-year term.

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 3, October 10, 2023
J. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest. Mayor Pro Tem Mills requested a Public Safety Ad Hoc Task Force report be agendized for a future meeting. It was the consensus of the Council to add the item requested. Council Member Riddle requested that an Electric Golf Cart item be agendized for a future meeting. It was the consensus of the Council to add the item requested.

K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis, Public Works Director Daymon Qualls, and Police Chief John Hall provided a brief update on City and department related items.

L. ADJOURN REGULAR MEETING
Mayor Alves adjourned the regular meeting at 7:52 p.m.

Christina Arias, Deputy City Clerk

EXETER CITY COUNCIL ACTION MINUTES
NOVEMBER 2, 2023
A special meeting of the City Council, City of Exeter was held on Thursday, November 2, 2023, at 4:30 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Frankie Alves, Jacob Johnson4:34p.m, Vickie Riddle, Barbara Sally, Justin Mills4:35p.m COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, John Hall, Shonna Oneal

1. Call to Order Special Meeting
Mayor Alves called the special meeting to order at 4:30 p.m.

2. Public Comments Regarding Special Meeting
There were no public comments presented.

3. Authorize the piggyback of a National Joint Powers Alliance cooperative purchasing agreement (National Contract #062415-UFC) for employee uniform and linen services and authorize the City Administrator to execute a sixty-month (5 year) agreement with Unifirst Corporation of Fresno, CA for $104.94 per week (annual cost of $5,456.88 and $27,284.40 for the full contract term) for public works employee uniform and linen services. Public Works Director Daymon Qualls provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Sally, seconded by Council Member Riddle and unanimously carried to approve the item as presented.

4. Authorize the City Administrator to execute a sole source agreement with Provost and Pritchard Consulting Group of Clovis, CA, in an amount not to exceed $1,520,483.00 to provide engineering services for the Exeter - Tooleville Emergency Intertie and Water System Improvement Project.

Public Works Director Daymon Qualls provided a report for Council's review and consideration. Council raised questions and City Administrator Adam Ennis and City Attorney Julia Lew provided responses thereto. Following discussion, it was moved by Mayor Alves, seconded by Council Member Sally and unanimously carried to approve the item as presented.

5. Adjourn to Special Closed Session pursuant to Government Code Section(s):
a. 54957.6 Conference with Labor Negotiators
i. Agency Negotiator: Shelline Bennett, Adam Ennis
ii. Employee Groups: All represented and unrepresented employees Mayor Alves adjourned to Special Closed Session at 4:51 p.m.

6. Reconvene Special Closed Session and Report on Special Closed Session (if any).

Mayor Alves reconvened from Special Closed Session at 5:43 p.m. City Attorney Julia Lew advised there was nothing to report.

7. Adjourn Special Meeting
Mayor Alves adjourned the Special Meeting at 5:44 p.m.

Shonna Oneal, City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
10/06/2023 10:54:20 Payments for Publication GL335R-V08.19 PAGE Approved on 10/05/2023 for Payments Through 10/05/2023
Vendor Name Description Amount
ALTA TANGUAGE SERVICES 900.00

55.00 BANC OF AMERICA LEASING BANC OF AMERICA LEASING 46,351.61 BOOT BARN INC. 243.55
OCT 2023 IT DISABILITY 81.00
2,447.73
OCT 2023 SERV WASTE WATE 17,682.46
TRNG CRS 10/9-10/21 490.00
4,678.41
5,663.75
CONSOLIDATED ELECTRICAL DISTRI 271.86
957.00
552.85
RECORDS CLRK TRNG 10/9-1 245.00
DELTA LIQUID ENERGY, ARRO AUTO 95.93
DEPT OF JUSTICE AUGUST FINGER PRINTS 472.00
EMD NETWORKING SERVICES, 1,667.99
EXETER IRRIGATION & SUPPLY GALV NIPPLE 1"X12" 182.10
EXETER MERCANTILE CO. 131.70
303.02
EXETER PLUMBING CO. DOBSON FIELD-BACK FLOW 50.00

23.36 FIRST CHOICE AUTO BODY & PAINT REPAIRS TO CITY VAN DOOR 3,276.84 130.25
FUSION CLOUD SERVICES LLC 436.44
GALLS INCORPORATED 658.06
558.00

69.43 GOVERNMENT REVENUE SOLUTIONS SEP 2023 APP HOSTING SOF 3,233.35 300.00
155.00
1,469.68
INTERSTATE BATTERIES, DBA 493.95
KAWEAH WATER FOUNDATION ANN FOUNDATION CONTR 6,000.00
3,325.44
READINGS HOLDING LLC MTU PROGRAMMERS 7,483.49
2,538.92

MOORE TWINING ASSOCIATES, INC

OFFICE DEPOT
PAVEMENT COATINGS CO. 73,051.65
PENA'S DISPOSAL INC 65.00
490.00
PRINCIPAL LIFE INSURANCE CO. 4,760.94
PRUDENTIAL OVERALL SUPPLY 244.74

QUAD KNOPF ENGINEERING
ROBERT HALF INTERNATIONAL INC. PHELPS WEKEND-8/25/23

AVENU FINANCIAL SYSTEM CITY OF EXETER
10/06/2023 10: 54:20 Payments for Publication GL335R-V08.19 PAGE Approved on 10/05/2023 for Payments Through 10/05/2023
Vendor Name Description Amount
SCA IF CU, LYLEY RAILROAD PIPE LINE CROSSING 2,127.90
POST PARADE ROUTE 9/18/2
A100 EX EL ESTRA 198.77
$1553 350W FIREBAUGH
245X55X18 GOODYEAR
516-8/18-9/18/21
153.37
STANDARD INSURANCE CO. SEPT 2023 LIFE INS 2, 341.71
189.00
39,068.44
EARE COO DE COVERNMENTS 8323 MAY MEMBER DUES 4,371.56
6,616.01
TULARE COUNTY JAII BADGE STICKERS 349.37
BLADE DI ASPLT 260.98
UNEVER SONTIONS USA INC SOD HYPO 12.59 838.90
1,754.78
WIRELESS INTERNET SERVICE, INC.
** Final Totals... 571,409.59

CITY OF EXETER
10/09/20NAN 13:52 STEM 10/09/2023 Payments for Publication GL335R-V08.19 PAGE
Approved on 10/05/2023 for Payments Through 10/05/2023
Vendor Name Description Amount
CALIFORNIA BUSINESS MACHINES OCT CH-ADMIN MONTHLY 363.45 ** Final Totals... 363.45

CITY OF EXETER
10/25/2023 15:057STEM Payments for Publication
10/25/2023 GL33SR-V08.19| PAGE
Approved on 10/11/2023 for Payments Through 10/11/2023
Vendor Name Description Amount
CSG FORTE PAYMENTS INC. OCT FORTE MONTHLY FEE 5.00
** Final Totals... 5.00

CITY OF EXETER
10/27/2023 16: 25-03 10/27/2023 Payments for Publication GL335R-V08.19| PAGE Approved on 10/16/2023 for Payments Through 10/16/2023
Vendor Name Description Amount
PROTECH MECHANICAL CONTRACTORS JULY 2023 FUEL 1,347.08
** Final Totals... 1,347.08

AVENU FINANCIAL SYSTEM CITY OF EXETER
10/25/2023 15:28:18 Payments for Publication GL335R-V08.19 PAGE Approved on 10/17/2023 for Payments Through 10/17/2023
Vendor Name Description Amount
EMD NETWORKING SERVICES, INC. OCTOBER VOIP 599.00
** Final Totals... 599.00

AVENU FINANCIAL SYSTEM CITY OF EXETER
10/20/2023 14:41:28 Payments for Publication GL335R-V08.19 PAGE Approved on 10/19/2023 for Payments Through 10/19/2023
Vendor Name Description Amount
A QUALITY SERVICES PPOTT RENTAL 9/23/23 105.30
SEPT 2023 AFLAC
ARROWHEAD EVALUATION RECORD REVIEW 487.50
AT&T LIVESCAN - 9/01-9/30/2023 399.33
BASIC OCTOBER COBRA 32.09
CARLA ZIMMER UB REIMB 72.06
CENTRAL CAL WATERWORKS, INC CPO OCT 2023 598.13
CITY OF VISALIA OCT 2023 ANIMAL SERV FEE 6,316.67
COLLEGE OF THE SEQUOIAS PERSH, SKILLS GIEFER, SH 960.00 CONSOLIDATED ELECTRICAL DISTRI ROTARY HAMMER KIT 709.31 CRAIGS AUTO PARTS 2005 FORD F150 AIR COND 273.61
DANEIL HERNANDEZ UB REIMB 31.50
ELITE CORPORATE MEDICAL SERV MED CLINIC-59 1,597.50
EMD NETWORKING SERVICES, INC. OUTLOOK PROBLEM APP FREE 573.75 EMPLOYER DRIVEN SOLUTIONS 7,125.24
EMPLOYMENT DEVELOPMENT DEPT 3,980.58
EXETER IRRIGATION & SUPPLY BOLTED COUPLER BARREL 301.09 EXETER MERCANTILE CO. HTH ALG GAURD 1 GALI 165.10
FASTENAL COMPANY IC WB FLO ORANG 92.31
FRONTIER CALIFORNIA INC. 5139-10/14-11/13/23 1,431.31
GALLS INCORPORATED 1,253. 72
HALL/ JOHN 300.00
HERR PEDERSEN & BERGLUND, LLP 310.00
JACK GRIGGS INC OCT 2023 GAS 10,949.44
KAPIGIAN INDUSTRIES INC WIRE REPAIR AND DIAGNOST 475.00 KEY EVIDENCE LOCK & SAFE, INC. CODE CUT FILE CABINET 11.18 LESLE & DOUGLAS BURCHELL 56.38
GOLF CART BROCHURES 297.13
UB REIMB 1,245. 79

REINSTALLED WATER CIRCUI
READINGS HOLDING LLC MOBILE PROGRAMER 120.00
VALLEY DISPOSAL, SEPT 2023 MID VALLEY 97,728.66
TWINING ASSOCIATES, INC LEAD AND COPPER 3,246.00
TRIANGLE VIERA PEN-REISS 568.65
KEY BORED/MOPUSE 75.95
1PJ X MN CTS LF BRS ANGL 3,559.14
PENA'S DISPOSAL INC PD SEPR 2023 SHREDDING 213.56
TSR X26P ZPPM
QUAD KNOPF ENGINEERING 230230 SMEE HOMES

RECERTIFY LIDARS
ROBERT HALF INTERNATIONAL INC. PHELPS- WEEKEND -10/06/23 ROMAN CATHOLIC BISHOP 10/13/23 ARROYO DONATION
SELF-HELP ENTERPRISES SEPT 2023 DEFERRED LOAN
SILVER & WRIGHT LLP AUG 146 G ST
SIMMONS TIRE SERVICE 245/55R18 103V GOODYEAR 414.13
SOUTHERN CALIFORNIA EDISON 4631C-9/11-9/29/23 36,055.45 SOUTHERN CALIFORNIA GAS CO. 7144-9/1-10/1/2023

SUBURBAN PIPE & STEEL SUBURBAN PIPE & STEEL

AVENU FINANCIAL SYSTEM CITY OF EXETER
10/20/2023 14:41:28 Payments for Publication GL335R-V08.19 PAGE Approved on 10/19/2023 for Payments Through 10/19/2023
Vendor Name Description Amount
OWN & COUNTRY CAR WAS PET CAR WASH 68.97
RANSUNION RISK & ALTERNATII SEPT 2023 PERSON SERACE
TU CO TREASURER-TAX COLLECTOR 023 TAX PD PISTOL RANG 60.90 'ULARE COUNTY FIRE DEPT FY@ FY 22/23 FIRE SER
JNIVAR SOLUTIONS USA INC SOD HYPO 12.5 1,964.79
EPT CUSTODY CHARGE: 37.00
'ISA ARKTIME AC VOLTAGE HOU 288.42
VALLEY EXPETEC MNTHLY NOV 2023 12,163.68
JERTZON WTRET.ESO PW - 08/29-09/28/23 228.06
VOLLMER EXCAVATION, L.P. TONS 1,566.81
WABO LANDSCAPE EMER LANDSCAPE REPAIRS 9,740.00
** Final Totals...

VENU FINANCIAL SYSTEN CITY OF EXETER
11/02/2023 14: 30:49 Payments for Publication GL335R-V08.19 PAGE Approved on 10/20/2023 for Payments Through 10/20/2023
Vendor Name Description Amount
CARD MEMBER SERVICES CCI HOTELS 7,564.54
** Final Totals... 7,564.54

AVENU FINANCIAL SYSTEM CITY OF EXETER
10/25/2023 15:41:58 Payments for Publication GL335R-V08.19 PAGE Approved on 10/23/2023 for Payments Through 10/23/2023
Vendor Name Description Amount
EMD NETWORKING SERVICES, INC. OCT MONTHLY BILLING 2,795.97 ** Final Totals... 2, 795.97
10/26/2023 14: 9Y STEM CITY OF EXETER
10/26/2023 Payments for Publication GL335R-V08.19 PAGE
Approved on 10/26/2023 for Payments Through 10/26/2023
Vendor Name Description Amount
EBM DESIGN GROUP INC CONST DOCS- REMODLE EPD 51,950.00
** Final Totals... 51,950.00

CITY OF EXETER
0/27/2023 Payments for Publication GL335R-V08.19 PAGE
Approved on 10/27/2023 for Payments Through 10/27/2023
Vendor Name Description Amount
MILLAN/ MARCUS EDUCATIONAL REIMB- TRNG 669.88
** Final Totals... 669.88
11/0 FAN 14: STEM CITY OF EXETER
11/06/2023 Payments for Publication GL335R-V08.19 PAGE
Approved on 11/01/2023 for Payments Through 11/01/2023
Vendor Name Description Amount
LEAF CAPITAL FUNDING LIC OCT KYOCERA LEASE 127.90
** Final Totals... 127.90

AVENU FINANCIAL SYSTEM CITY OF EXETER
11/03/2023 16:16:05 Payments for Publication GL335R-V08.19 PAGE Approved on 11/02/2023 for Payments Through 11/02/2023
Vendor Name Description Amount
AAA QUALITY SERVICES POTT RENTAL 10/21/2: 105.30
ADVENTIST HEALTH TULARE SEPT LAB FEES 271.00
AFLAC OCT 2023 AFLAC
PW -09/03-10/02/2023 405.27
BLUE SHIELD OF CALIFORNIA 11/01-11/30/2023 39,000.52
SEPT DOBSON CONCES PEST 76.0
NOV 2023 LT DISABILITY 31.0
CALIBUILT GRAPHICS 12" DOOR DECALS 207.84
09/18-10/18/2023 ASSE 3,042.10
JUNE CITY PLANNING 1,042.50
GAT ADPATERS 6.91
PD SERV 10/1-10/31/2023 183.24
DELTA LIQUID ENERGY, ARRO AUTO 10/3/23 ALDRIDGE FUEL 78.14 SEPT LIVE SCAN 420.00
IRRIGATION & SUPPLY SCH40 PVC PIPE SW 105.59
FIRST CHOICE AUTO BODY & PAINT REPAIRS TO CITY VAN DOOR 3,276.84 10/18-11/17/2023-0966 438.600
HOTEL REIMB- FOR CONFERE 1,066.77
INTERSTATE BATTERIES, DBA EXCISE BATT FEE 329.30
PER DIEM MEALS - 4DAYS
PIRE EXTINGUISHER SERV 595.01
WWTP EMERGENCY PUMP REP 5,790.07

LIEBERT CASSIDY WHITMORE IDR DETERMINTAION
OCT PD OFFICE CLEANING 2,524.55
MOORE TWINING ASSOCIATES, INC TDD [10 DAY] 516.00
PENA'S DISPOSAL INC OCT CH SHREDDING 65.00
PRINCIPAL LIFE INSURANCE CO. 11/01-11/30/2023 4,934.00
10/19/23 UNIFORM CLEANIN 514.11
ROBERT HALF INTERNATIONAL PHELPS- WK END 10/20/23 2,758.35 FRIAS/ ACCOUNT DEL 500.40
SHERWIN WILLIAMS COMPANY A100 EX FL EXTRA- GRAY 198.77
SINGLE WHEEL UNIT 224.19
SOUTHERN CALIFORNIA EDISON 1164-9/22-10/22/23
CALIFORNIA GAS CO. 1600-9/26-10/25/23 123.87
OCT 2023 LIFE INS PRE

REGULAR TWO TONE BADGE

VEH/TOOLS /TEST EQUPT U
UNIVAR SOLUTIONS USA INC SOD HYPO 12.5%

VAST NETWORKS OCT UTILITY-FIRE
PD-6/29-7/28/2023
ZION SHIELDS PER DIEM MEALS -4DAYS
** Final Totals... 90,712.59

CITY OF EXETER
AV/06/202 1A: 505 11/06/2023 Payments for Publication
GI335R-V08.19 PAGE
Approved on 11/03/2023 for Payments Through 11/03/2023
Vendor Name Description Amount
CALIFORNIA BUSINESS MACHINES NOV CH-ADMIN MONTHLY 422.85 ** Final Totals... 422.85

CITY OF EXETER
AX/07/202 TO: 10X578M Payments for Publication GL335R-V08.19 11/07/2023 PAGE
Approved on 11/07/2023 for Payments Through 11/07/2023
Vendor Name Description Amount
EMD NETWORKING SERVICES, INC. EMD VOIP 599.00
** Final Totals... 599.00
CHECK FORM. CHER CHECK REGISTER RUN- 10/12/2023 11.11.03 PAGE Paymat e PR311R-V14.20
9/25/2023-10/08/2023 CHECK DATE 10/13/202
TRE DEPOSE IS 1050 3

CHECK CHECK MOUNT NAMLOYEE/BANK/ VENDOR CHECK

NUMBER NAME CODE SEQ
1413 65.89 CA.SMAN/ BABURSEMENT UN 728 1 VENDOR CHECK
1414 COLEMAN/DEWAYNE
1415 97.34 HOWELL/MATTHEW
1416 50.10 • HUGHES/ CADON
1417 426.34 HUTCHESON/AVRIE
1418 85.88 HUTCHESON/LUKE
1419 121.67 MCFALL/BLAINE
1420 MILLER/IVY
1421 121.67 TAYLOR/ANDREV
*EMPLOYEE CHECKS COUNTS

63.69 *VENDOR CHECKS

0.00 *BANK CHECKS
1,388.49 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS
000 *MANUAL CHECKS
*CANCELLED CHECKS
1,388.49 **TOTAL FOR CHECK FORM

NON- NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS 00

0.00 *VENDOR DIR DEP STUBS
AYROLL RUN-10/12/2023 11.11.03 PAGE
PR311R-V14.20 Paymate
PERIOD 1 DATING 9/25/2023-10/08/2023 CHECK DATE 10/13/2023

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
51792 690.00 CLOCER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 51793 500.00 1 VENDOR STUB ONLY
51794 199.32 EXETER POLICE OFFICER AS 3A 1 VENDOR STUB ONLY 51795 2,135.70 ARIAS/CHRISTINA 730 1 STUB ONLY
51796 4,795.93 ENNIS/ADAM 206 STUB ONLY
51797 2,910.31 ONEAL/SHONNA N 203 STUB ONLY
51798 1,169.70 CARTER/AMY JO 502 STUB ONLY
51799 1,416.57 CORREA/BIANCA 630 STUB ONLY
1 51800 2, 701.34 FRANCO /EEKHONG 304 STUB ONLY
51801 2,475.52 HERNANDEZ/XOCHITL 306 STUB ONLY
51802 2,092.33 MILLER/CATHEY RENE 734 TUB ONLY
51803 368.22 SANCHEZ/CESILIA 307 STUB ONLY
51804 1,539.53 SANTOYO/AIDE G 710 TER ONLY
51805 1,716.51 PHILLIPS/ZACHARY 705 STUB ONLY
51806 1,460.56 CARRETERO /VANESSA 402 STUB ONLY
51807 2,738.81 DURKEE/MARK 404 STUB ONLY
51808 1,659.31 FELIX/ESTEVAN 704 STUB ONLY
51809 2,349.45 GIEFER/MICHAEL DAVID 438 STUB ONLY
51810 1,286.64 GRANT / AIMEE 738 STUB ONLY
51811 1,076.57 GRAY/DAIZY 717 STUB ONLY
51812 3,642.44 HALL/JOHN T 406 STUB ONLY
51813 3,324.27 HAYES/CURTIS W 437 STUB ONLY
51814 1,965.41 HIFNER/CHRISTOPHER 736 STUB ONLY
51815 2,772.33 INGLEHART/BRETT A 411 STUB ONLY
51816 1,940.44 LUJAN/JOSHUA 715 STUB ONLY
51817 1,631.99 MARX/CHRIS 706 STUB ONLY
51818 1,566.45 ROCHA/CRISTINA 731 STUB ONLY
51819 2,452.35 SAKAGUCHI/CLAUDIA D 726 TUB ONLY
51820 1,603.66 SHIELDS/ ZION 708 TUB 3 ONLY
51821 1,625.73 VILLARREAL/ ISIDRO 707 STUB ONLY
51822 2,172.31 WINTER/JARED 735 STUB ONLY
51823 3,366.74 YARBER/ISABEL 422 STUB ONLY
1,667.53 ALDRIDGE/GARY 618 STUB ONLY
1,546.17 ARROYO/MARIE 623 STUB ONLY
1,812.39 ESPINOLA/DANIEL M 602 ONLY
157.26 GOLDSTROM /NORMAN 629 ONLY
1,652.86 HUGGINS /KYLE AARON 621 ONLY
3,062.28 QUALLS / DAYMON 607
1,566.80 RAMIREZ/ JUAN 608
1,331.26 RIVERA/RYAN 733
647.79 WENDT/EDDIE 626
1,477.31 GARVER/ELIJAH 712
1,560.19 MILLAN/MARCUS 622
1,476.82 MILLER/JAMES 624
668.53 MIRWALD /PHILIP 625
1,261.44 QUIROZ/PATRICK P 512
2,028.55 PRIDEAUX/TRACI 448
RUN-10/26/2023 13.18.30 PAGE
CHECK FORM. CHER SHE REGISTER R311R-V14.21 Paymate
PERIOD 2 DATING 10/09/2023-10/22/2023 CHECK DATE 10/27/2023

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK CHECK

NUMBER NAME CODE SEQ
1422 63:49 CONSOW/JACOBURSEMENT UN 239 1 VENDOR CHECK
1423 1
1424 COLEMAN/DEWAYNE
1425 HOWELL/MATTHEW
1426
1427 HUTCHESON/AVRIE
1428 HUTCHESON/LUKE
1429 MCFALL/BLAINE
1430 MILLER/IVY
1431 114.51 TAYLOR/ANDREW
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS
1,178.41 *EMPLOYEE CHECKS

63.69 *VENDOR CHECKS

0.00 *BANK CHECKS
1,242.10 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS

0.00 *CANCELLED CHECKS
1,242.10 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS DIRECT DEPOSIT STUBS
*VENDOR DIR DEP STUBS
RUN-10/26/2023 13.18.30 PAGE
YRO FORM STUB CHECKR Paymate
IECK REGIST! PR311R-V14.20
PERIOD 2 DATING 10/09/2023-10/22/2023 CHECK DATE 10/27/202 IRECT DEPOSIT IS TURNED O1

CHECK CHOUK LOYE/BANK/VENDOR CHECK CHECK

NUMBER CODE SEQ
51839 195.00 CLOCEA VE
51840 600.00 EXETER POLICE OFFICER AS 3 VE
51841 199.32 EXETER POLICE OFFICER AS 3A ONLY
51842 2,140.95 ARIAS/CHRISTINA 730
51843 4,801.18 ENNIS/ADAM 206
51844 2,910.31 ONEAL/ SHONNA N 203 BELLE
51845 1,169.70 CARTER/AMY JO 502
51846 1,437.48 CORREA/BIANCA 630
51847 3,339.35 FRANCO/EEKHONG 304
51848 2,475.52 HERNANDEZ/XOCHITL 306 JE
51849 1,674.47 MILLER/CATHEY RENE 734
51850 285. 62 SANCHEZ/CESILIA 307 BEELE
51851 1,622.45 SANTOYO/AIDE G 710
51852 1,716. .51 PHILLIPS/ZACHARY 705 JE
51853 1,465.81 CARRETERO/VANESSA 402
51854 2,738.81 DURKEE/MARK 404
51855 1,841.01 FELIX/ESTEVAN 704 HAddAdMddddddddddddddddddMdeMd 51856 2,964.65 GIEFER/MICHAEL DAVID 438
51857 2,393.01 GRANT / AIMEE 738
51858 1,076.57 GRAY/DAIZY 717
51859 3,647. 69 HALL/JOHN T 406
51860 2,854.86 HAYES/CURTIS W 437
51861 2,793.56 HIFNER/CHRISTOPHER 736
51862 2,777.58 INGLEHART/BRETT A 411
51863 2,174.72 LUJAN/ JOSHUA 715
51864 1,599.76 MARX/CHRIS 706
51865 1,780.79 ROCHA/CRISTINA 731
51866 2,421.48 SAKAGUCHI/CLAUDIA D 726
51867 2,051.11 SHIELDS / ZION 708 UB
51868 1,948.73 VILLARREAL/ISIDRO 707
51869 1,960.67 WINTER/JARED 735
51870 LELLE ECLEC CREE BELERE CELE
3,371.99 YARBER/ISABEL 422
51871 1,469.52 ALDRIDGE/GARY 618
51872 1,516.69 ARROYO/MARIE 623
51873 1,812.39 ESPINOLA/DANIEL M 602
51874 252.52 GOLDSTROM/NORMAN 629 ONLY
51875 1,652.86 HUGGINS/KYLE AARON 621 ONL.Y
51876 3,062.28 QUALLS/DAYMON 607 ONLY
51877 221.74 QUALLS /DAYMON 607
51878 1,594.10 RAMIREZ/JUAN 608 HAMAAANAAMAAMMMM
51879 1,331.26 RIVERA/RYAN 733
51880 1,190.78 WENDT/EDDIE 626 !!!!
51881 1,477.31 GARVER/ELIJAH 712
51882 1,927.69 MILLAN/MARCUS 622
51883 1,258.17 MILLER/JAMES 624
51884 636.28 MIRWALD/PHILIP 625 ONLY
51885 1,266.69 QUIROZ/PATRICK P 512 ONLY
51886 2,693.09 PRIDEAUX/TRACI 448 ONLY
City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023
or action by
Agenda Item Number: H4 X City Counci
Wording for Agenda: Approve a revision to a portion of the previously approved street closure for the annual City of Exeter Regular Session:

Christmas Parade, to reflect the closure of E Street between Pine X Consent Calendar Street and Maple, and between Pine and Palm, and an extension of _ Regular Item the Pine Street closure from F Street, continuing west to G Street, Public Hearing 20zve for the City of eter Chistmas Parade Side December 1, Review:
conditions previously presented.

City Administrator
(Initials Required)
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director abs.

Phone Number: (559) 592-3318
Email: [email protected]
Department Recommendation:

Staff recommends that Council approve a revision to a portion of the previously approved street closure for the annual City of Exeter Christmas Parade, to reflect the closure of E Street between Pine Street and Maple, and between Pine and Palm, and an extension of the Pine Street closure from F Street, continuing west to G Street, between the hours of 3:00 p.m. - 8:00 p.m. on Friday December 1, 2023, for the City of Exeter Christmas Parade, subject to the conditions previously presented.

Summary/Background:

At the City Council meeting of July 11, 2023 the Council approved a request from the City Recreation Department for street closures for the 2023 Christmas Parade to be held on Friday December 1, 2023. The approved street closures consisted of Rocky Hill Drive from B Street to C Street, Pine Street from B Street to F Street and F Street from Pine Street to Maple, and all associated alley approaches between the hours of 3:00 p.m. - 8:00 p.m. on Friday December 1, 2023, for the City of Exeter Christmas Parade subject to the conditions presented.

Recreation Department staff subsequently requested the closure of E Street between Pine Street and Palm to allow for the staging of food trucks and pedestrian traffic, and from Pine Steet to Maple to provide a secure area for judging. Also, in an effort to facilitate better traffic control, Exeter Police Department staff has recommended that the closure of Pine Street be extended from F Street, west to G Street. This would force east bound traffic on Pine to turn north or south on G Street, instead of encountering a dead end at F Street. Accordingly, staff recommends that Council approve the revision to the previously approved street closure request to reflect the closure of E Street between Pine Street and Maple, and an extension of the Pine Street closure from F Street, continuing west to G Street, between the hours of 3:00 p.m. - 8:00 p.m. on Friday December 1, 2023, for the City of Exeter Christmas Parade subject to the conditions previously presented.

Fiscal Impact: Other than staff time, there is no fiscal impact.

Prior Council/Board Actions: Previous Christmas Parade Street Closure Requests Attachments: None
Recommended motion to be made by Council/Board: I move to approve a revision to a portion of the previously approved street closure for the annual City of Exeter Christmas Parade, to reflect the closure of E Street between Pine Street and Maple, and between Pine and Palm, and an extension of the Pine Street closure from F Street, continuing west to G Street, between the hours of 3:00 p.m. - 8:00 p.m. on Friday December 1, 2023, for the City of Exeter Christmas Parade subject to the conditions presented.

City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023
For action by:

Agenda Item Number: H5 X City Council
Regular Session:

Wording for Agenda: Reject the only bid received in response to X Consent Calendar RFB 23-006, the FY-23 Annual Contract for Concrete Repairs, and authorize staff to re-advertise a modified RFB. • Pubic Heating Submitting Department: Public Works Review:

Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 city Administrato
Initials Required
Email: [email protected]
Department Recommendation:

Staff recommends that Council reject the only bid received in response to RFB 23-006, the FY-23 Annual Contract for Concrete Repairs, and authorize staff to re-advertise a modified RFB.

Summary/ Background:

On September 1, 2023, staff advertised a Request for Bids (RFB 23-006) for on-call concrete repairs and received one (1) construction bid on September 27, 2023. MAC General Engineering of Exeter submitted the only bid of $177,699.01.

Upon further review of the RFB and discussions with several contractors who attended the pre- bid meeting, it was noted that the estimated quantities listed in the RFB's bid item schedule, along with current costs, would result in much higher bid amounts than what the City would typically spend annually for concrete repairs. The discrepancy between the amounts, along with the required bonding, resulted in several of the contractors not bidding on the project. For this reason, staff would like to modify the RFB and re-advertise, in hopes of receiving more competitive bid proposals.

Fiscal Impact: There is no fiscal impact related to this item.

Prior Council/Board Actions: June 28, 2022 - Council authorized the City Administrator to execute an agreement with the lowest responsible bidder, MAC General Engineering, Inc. of Exeter, CA in an amount not to exceed $170, 180.10, for construction of the 2022 Annual Concrete Repairs Project beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions.

Attachments: None
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to reject the only bid received in response to RFB 23-006, the FY-23 Annual Contract for Concrete Repairs, and authorize staff to re-advertise a modified RFB.

City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023
For action by:

Agenda Item Number: H6 X City Council
Wording for Agenda: Authorize the City Administrator to execute an agreement with TJKM of Pleasanton, CA, in an amount not to Regular Session:
exceed $39,997.66 to prepare an Active Transportation Plan for the X Consent Calendar City of Exeter. Regular Item
= Public Hearing
Submitting Department: Public Works Review:

Contact Name: Daymon Qualls, Public Works Director
Eddie Wendt, Operations Manager City Administrator
Phone Number: (559) 592-3318 (Initials Required)
Email: [email protected]
des
Department Recommendation:

Staff recommends that the Council authorize the City Administrator to execute an agreement with TJKM of Pleasanton, CA, in an amount not to exceed $39,997.66 to prepare an Active Transportation Plan for the City of Exeter.

Summary/Background:

The Active Transportation Program (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation. In order to be eligible for the State of California Active Transportation Program funding, the City of Exeter is required to have an adopted Active Transportation Plan (adopted by City Council). Exeter is on track with the preparation of this Plan to apply for Cycle 7 funding. Applications are due by June 30, 2024. This funding source will allow Exeter to compete with other agencies to apply for Sidewalk, Bicycle, Safe Routes to Schools (SR2S) and other non-motorized transportation improvements within the City.

In 2022 the City successfully completed and adopted the "Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan" setting the ground work to develop an ATP plan that meets current requirements by the funding agencies. As a result of the Complete Streets Plan, the City has identified several sidewalk, bicycle, and ADA deficiencies which the City could apply for ATP funding to address improvements.

On September 7, 2023, the City of Exeter advertised a Request for Proposal (RFP 23-002) to complete an ATP Plan. The City received three (3) proposals from the following qualified transportation planning consultants:

QK (Visalia)
4 Creeks (Visalia)
TJKM (Pleasanton).

City Staff and TAG scored and ranked each proposal (see Attachment No. 1 for scores and comments). It was the consensus of the scoring panel that TJKM was the most experienced firm with ATP plan preparation. Accordingly, staff is recommending that the Council authorize the City Administrator to execute an agreement with TJKM, in an amount not to exceed $39,997.66 to prepare an Active Transportation Plan for the City of Exeter.

Fiscal Impact: TCAG has agreed to fund the ATP Plan in the amount of $50,000: $40,000 (consultant) and $10,000 (for City staff to administer). With this investment, the City will be eligible to apply for ATP funding. A total of $550 MM is available in the program statewide.

Exeter will be eligible to apply for these funds with an approved ATP Plan.

Prior Council/Board Actions: None
Attachments: ATP Consultant Scoring Matrix (Attachment 1) Recommended motion to be made by Council/Board: 1 move to authorize the City Administrator to execute an agreement with TJKM of Pleasanton, CA, in an amount not to exceed $39,997.66 to prepare an Active Transportation Plan for the City of Exeter.

Attachment 1
ATP Consultant Scoring Matrix
California; RFP# 23-002 City of Exeter Active Transportation Plan November 14, 2023
EXETER
QK 4Creeks TJKM
Criteria Points EW ! VR RM SB EW VR RM SB EW VR RM SB

THE PROPOSAL
Comprehension of Project 10 7 8 9 5 6 9 9 10 10 9.5 9 8 Thoroughness of Proposal 10 9 14 10 10 8 14 14 14 10 14 15 Meeting the RFP Objectives 15 10 9 14 10 10 14 14 14 10 14 15 Project Delivery Time 5 5 5 4 5 5 4 5 5 5 4 5

CONSULTANT

QUALIFICATIONS
Qualifications and Experience 15 8 19 20 15 8 23 25 25 20 25 References 15 7 12 14 12 8 14 15 15 15 15
DBE Participation Level 5 0 5 5 5 5 4 5
COST
Reasonableness of Cost- Under 5 5 5 5 5 5 5 5 5 5 5 5 5 $40,000
Local Firm' 5 5 5 5 5 5 5 5 0
TOTAL POSSIBLE 100 Total: 72 56 73 73 98 93 60 85 93
Average | 71 81.5 82.6
Comments: Cost: 39,994.00 39,940.00 39,997.66
Cost: Change from 2 to 5 QK Cost SB. Automatic
Local Firm TJKM: not a local Firm change 1-0 RM, 3-0 SB Automatic DBE participation: Change QK from 5 to 0 SB Automatic
City of Exeter
Agenda İtem Transmittal
Meeting Date: November 14, 2023
For action by:

Agenda Item Number: H7 X City Council
Wording for Agenda: Authorize an extension of the existing Regular Session:
agreement with the non-profit Sequoia Community Corps, a project of Community Services Employment Training, Inc. (CSET) of Tulare X Consent Calendar County, to operate a California Redemption Value (CRV) beverage Regular Item container mobile buy back center on the City's property located at Public Hearing 314 West Firebaugh in Exeter, through June 30, 2025. Review:

Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director (Initials Required) Phone Number: (559) 592-3318
Email: [email protected]
Department Recommendation:

Staff recommends that Council authorize an extension of the existing agreement with the non- profit Sequoia Community Corps, a project of Community Services Employment Training, Inc. (CSET) of Tulare County, to operate a California Redemption Value (CRV) beverage container mobile buy back center on the City's property located at 314 West Firebaugh in Exeter, through June 30, 2025.

Summary/Background:

Community Services and Employment Training, Inc. (CSET) has been the Community Action Agency for Tulare County since 1976. They are a non-profit agency established to fight America's war on poverty. CSET's mission is to inspire youth, families, and communities to achieve self-reliance through innovative pathways and collaboration.

For a number of years, Sequoia Community Corps, a project of CSET, has operated a Community Recycling Center on the City's property located at 314 West Firebaugh in Exeter.

This certified recycling center has provided residents with a convenient location to redeem their California Redemption Value (CRV) beverage containers.

The agreement between CSET and the City of Exeter, which has expired, allows for an extension if mutually agreeable to both parties. On October 23, 2023, CSET submitted a letter indicating their desire to continue operating on the City's property to provide CRV beverage and e-waste recycling services to the residents of Exeter. Accordingly, staff is recommending that the existing agreement be extended through June 30, 2025.

Fiscal Impact: This item has no fiscal impact to the City.

Prior Council/Board Actions: Agreement approved by Council on June 9, 2020.

Attachments: CSET CRV Agreement
Recommended motion to be made by Council/Board: 1 move to authorize an extension of the existing agreement with the non-profit Sequoia Community Corps, a project of Community Services Employment Training, Inc. (CSET) of Tulare County, to operate a California Redemption Value (CRV) beverage container mobile buy back center on the City's property located at 314 West Firebaugh in Exeter, through June 30, 2025.

CONTRACT

SERVICES AGREEMENT
FOR
Mobile California Redemption Value (CRV) Beverage Container Buy-Back Center This Agreement, entered into this 1st day of July 2020, by and between the City of Exeter, hereinafter referred to as the "CITY", and Sequoia Community Corps a project of Community Services and Employment Training, Inc., hereinafter referred to as the "CONSULTANT".

WIINESSEIH
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as "Scope of Work" in Exhibit"A", and hereinafter referred to as the "PROJECT":

WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

1. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit "A" - Scope of Work.

II. TIME OF PERFORMANCE
This agreement shall be for a term of two (2) years commencing July 1, 2020, and terminating June 2022. The parties may agree to extend the Agreement, with the terms of said Agreement to be reviewed and adjusted as the parties deem appropriate.

III. COMPENSATION
A. The Contractor agrees to perform work specified herein at his own cost and expense, with no cost to the City, to do all the work and furnish all the materials and equipment necessary to operate and maintain in a good, workmanlike, and substantial manner, a certified mobile beverage container (CRV) and electronic waste collection site, as a fully operational and functional facility for the intended purpose in accordance with this Contract.

AUTHORIZED REPRESENTATIVE
A. CITY: The Director of Public Works shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Exeter is specifically required
B. CONSULTANT: The Department Director shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

If the CONSULTANT fails to perform the services called for by this Agreement; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

5. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject t offset, or to make any reports of pre-termination activities VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement.

The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

VIII. SUBCONTRACTING
The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters. x. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XI. INDEMNIFICATION AND INSURANCE
A. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the CONSULTANT's performance of its obligations under this agreement or out of the operations conducted by CONSULTANT, including the City's active or passive negligence, except for such loss of damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT's performance of this agreement, the CONSULTANT shall provide a defense to the City indemnitees, or at the CITY's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY's option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) performance or failure to negligence or will menon out of Atement, except to the eracts, se perform, under the terms of this Agreement; except to the extent those which arise out of the sole C. Without limiting CITY's right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

Workers Compensation and Employer's Liability: CONSULTANT shall maintain Workers' compensation insurance as required by California statutes and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to CITY, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

2. Commercial General Liability: CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor's general liability policies shall be primary and shall not seek contribution from the CITY'S coverage and be endorsed using Insurance Services Office form CG 2010 (or equivalent) to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent) is also required.

Any failure to comply with reporting provisions of the policies by CONSULTANT shall not affect coverage provided the CITY.

Coverage shall state CONSULTANT insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Coverage shall contain a waiver of subrogation in favor of the CITY.

3. Business Automobile Liability: CONSULTANT shall provide auto liability coverage for owned, non- owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than One Million Dollars ($2,000,000) per occurrence.

CITY'S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY'S best interest.

Each insurance policy required by this Agreement shall contain the following clause:
"This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Exeter, 100 N. C Street, Exeter, CA 93221."
In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
"It is agreed that any insurance maintained by the City of Exeter shall apply in excess of and not contribute with insurance provided by this policy."
"The City of Exeter, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Exeter."
F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title.

Should it be deemed necessary by CITY, it shall be CONSULTANT's responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

G. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Order CONSULTANT to stop work under this Agreement; or

2. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT's failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT's or its subcontractor's performance of the work covered under this Agreement.

XII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, sex, or any other classification protected by federal or state law, in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XIII. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

C. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF EXETER CONSULTANT
100 N. C Street Attention: Mary Escarsega Fechner
Exeter, CA 93221 Phone: 559-732-4194
Attention: City Clerk Email: [email protected] F. Jurisdiction/Venue/Waiver Of Removal: This Agreement is entered into and is to be performed in Tulare County, California. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

H. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such pa shall be in full force and effect. shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreemer I.

Attorney's Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney's fees and court costs incurred in the action brought thereon J. Construction: This Agreement Is the product of negotiation and compromise on the part of each party and will not be construed against the party causing the uncertainty to exist. the partles agree, notwithstanding Civil Code Section 1654, that In the event of uncertainty the language K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which Its signature represents.

L.

Headings: Section headings are provided for organizational purposes only and do not In any manner affect the scope or Intent of the provisions thereunder.

M. Elrearms Prohibited: Guns may not be carrled by contractors /vendors/consultants whlle working on City of Exeter premises without the expressed written approval of a City of Exeter Department Head, or an exemption In the contract. If a contractor/vendor/consultant Is caught carrying a gun, without Clty permission, their contract will be terminated.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF EXETER CONSULTANT
City Administrator
MAR ALe Es chrseon Fechner
Approved as to Form
Excentre Director
Sundonel (SET
Risk Manager 6/1120
Dam-
Project Manager
Attachments:

Exhibit "A": Scope of Work
Exhibit "A"
Scope of Work
The CONSULTANT will operate a certified mobile buy back recycling center and provide services to collect California Redemption Value (CRV) beverage containers and electronic waste at 314 West Firebaugh Street, Exeter, CA 93221.

The CONSULTANT will:

1. Provide trained staff at the mobile buy back location during the designated hours of operation:

Tuesday: 9:30 am to 3:30 pm
Wednesday: 9:30 am to 3:30 pm
Thursday: 9:30 am to 3:30 pm
Friday: 9:30 am to 3:30 pm
Saturday: 9:30 am to 3:30 pm

2. Redeem the collected CRV materials through a certified recycler and apply these funds to programs that meet CSET's nonprofit mission.

3. Collect computers, monitors, and televisions, cell and house phones, fax machines, laptops, book readers, printers, radios, tablets, i-Pods and players, scanners, stereos, speakers, video cameras and players, game players and accessories, and other electronic waste and redeem these items through a certified recycler and apply these funds to programs that meet CSET's nonprofit mission.

4. Provide a Supervisor/Coordinator to oversee the project and actively supervise the collection crew.

Advertise the Exeter Community Buy Back Center along with the City of Exeter.

6. Maintain the designated area, keeping it clean and presentable at all times.

The designated area will be swept or raked daily to remove broken glass, bottle caps and other debris b. No trash cans, boxes or containers will be left on-site when the center is not in operation c. All trash and illegally dumped items will be removed from the designated location at the end of each day d. Mobile buy back truck will park in the designated area only

7. Provide portable on-site restroom facility with hand-washing station. Said facility must be serviced weekly to ensure cleanliness and adequate supplies of toilet paper, soap, and clean water for handwashing.

CITY agrees to:

1. Designate a location on City's property for a certified recycling center for a period of one (1) year and continue to pay applicable taxes on the property.

2. Acknowledge the California Department of Conservation and CSET whenever this project is publicized in any news media, brochures, articles, seminars or other promotional materials.

3. Assign a liaison person for this project.

City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023 For action by:

X City Council
Agenda Item Number: H8
Wording for Agenda: Award and authorize the City Administrator Regular Session:

X Consent Calendar
_Regular Item
•Public Hearing
amount of $15,000 for potential unforeseen conditions.

Review:

Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318
Email: [email protected] (Initials Required)
Department Recommendation:

Staff recommends that Council award and authorize the City Administrator to execute a contract with Central Valley Air Conditioning of Atwater, CA in the amount of $150,583 to perform HVAC upgrades and replacements at various City facilites, and authorize a contingency amount of $15,000 for potential unforeseen conditions.

Summary:

In multiple previous Council meetings staff presented facility needs that could be paid for with Coronavirus State and Local Fiscal Recovery Funds (SLFRF) established by the American Rescue Plan Act (ARPA). One of those needs was the air conditioning systems on multiple City facilities. These system's conditions have degraded for many years due to lack of available funding. Since funding for these systems typically comes from locally generated funding, staff felt that getting these replaced through the SLFRF would be a good way to minimize impact on the local funds.

On September 29, 2023, staff advertised a Request for Bids (RFB 23-007) for upgrades and replacements of HVAC systems at various City locations:

Location #1: City Hall
Location #2: Fire Staton
Location #3: Corporation Yard
Location #4: Carnegie Building / Senior Center
Location #5: Wastewater Treatment Plant - Main Office
Location #6: Wastewater Treatment Plant - Influent Room Location #7: Wastewater Treatment Plant - Lab Room
The following is a summary of the bids that were received on October 25, 2023:

Central Valley Air Conditioning $150,583.00
Stevens Air Conditioning, Inc. $194,279.04
Strategic Mechanical $282,200.00
Central Valley Air Conditioning's bid proposal for this project has been reviewed by staff and all required information submitted has been determined to be complete and responsive.

Background: As part of the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) established by the American Rescue Plan Act (ARPA), the City of Exeter received total funding of $2,508,234. City staff have tried to determine and propose needs to assist the organization in providing improved services and projects to the community that might otherwise be very difficult to fund through other funding sources.

On September 14 and October 26, 2021, February 10 and August 23, 2022 and March 14, 2023, Council approved the following expenditures from the SLRF, which have been completed:
1) Premium Pay $370,000
Police Department Portable Radios $33,000
3) Arborist evaluation of City owned trees $35,000
4) Reconstruction of Industrial Lift Station $78,156
5) Purchase of Sewer Vactor Truck $519,984
6) Graffiti Abatement Equipment $15,000
Total = $1,051,148
Air conditioning repairs at City Hall and the Treatment Plant (up to $80,000) was previously approved by Council but some additional updates on costs have occurred and were discussed as shown below. With the premium pay and the costs of the above outlined needs paid by the SLFRF, approximately $1,457,094 remained available for additional needs. Additional needs that staff previously presented to Council were:
1) PD/Admin Building Improvements $400,000
2) Air Conditioner Repairs/Replacements (5 City Facilities) $67,000 3) Air Conditioner Replacement City Hall/Fire Station $83,000 4) Downtown City Owned Street Lights/Clean Ca Grant Match $400,000 5) Information Techn.-phones/networks/website/cybersecurity $50,000 6) Facility Security $50,000
Total = $1,050,000
Additional options Council considered were:
1) Park Master Plan Development $150,000
2) Development Block Wall Replacement $100,000
3) Dobson Field Fencing $100,000
Fire Hydrant Replacements - 12 In Operable $300,000
5) Sewer Infrastructure - Lift Station Upgrades $600,000 6) City Hall/Council Chamber Improvements $4,000,000
At the City Council meeting of June 13, 2023, following discussions of the above, it was approved by Council to prioritize items 1-6 and options 1-3 from the ARPA Expenditure Plan as presented.

Fiscal Impact: As part of the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) established by the American Rescue Plan Act (ARPA), the City of Exeter received total funding of $2,508,234. As approved by Council, a portion of those funds will be used to pay for this project. Staff previously estimated $150,000 for the air conditioner replacements ($67,000 + $83,000). This award would be for $150,583 and potentially up to an additional $15,000 for contingency. The expenditure plan costs approved by Council were based on staff estimates and may vary with bids. Sufficient funding should be available to cover the small overage.

Prior Council/Board Actions: Council direction provided on July 27, August 10, August 24, September 14, October 26, 2021, February 10 and August 23, 2022, March 14, 2023, and June 13, 2023.

Attachments: RFB 23-007 - City of Exeter HVAC Upgrades and Replacements RFB 23-007 - Bid Tabulation
Environmental Clearance: Not applicable to this project Recommended motion to be made by Council/Board: I move to award and authorize the City Administrator to execute a contract with Central Valley Air Conditioning of Atwater, CA in the amount of $150,583 to perform HVAC upgrades and replacements at various City facilities and authorize a contingency amount of $15,000 for potential unforeseen conditions.

CITY OF EXETER

PUBLIC WORKS DEPARTMENT

CONSTRUCTION SPECIFICATIONS

FOR CONSTRUCTION ON
Cifyof
EXETER

PROTECIING, PRESERVERO,

AND PROTOZINE

DULL TOR'S AMERICA

CITY OF EXETER

HVAC UPGRADES AND REPLACEMENTS
IN

CITY OF EXETER

TULARE COUNTY
PROJECT NO. 23-007
Dated: September 29, 2023
TABLE OF CONTENTS Page No.

NOTICE TO CONTRACTORS

1. DEFINITIONS 3
Il. INTRODUCTION 3
Ill. INSTRUCTIONS
IV. SCOPE OF SERVICES / PROJECT
V. PRE-BID AND BID MEETINGS
VI. BID OPENING AND CONFIDENTIALITY 9
VII. AWARD 10
VIII. PROTESTS/APPEALS 10
IX. SPECIAL CONDITIONS 11
X. GENERAL CONDITIONS 13
XI. POST AWARD RESPONSIBILITIES 16
CONTRACT AMOUNTS - EXHIBIT "A" 17
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT 17
DRUG-FREE WORKPLACE CERTIFICATION 19
OWNERSHIP DISCLOSURE FOR CONTRACTORS AND CONSULTANTS 20 CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE 21 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE 22 BID PROPOSAL CONTRACT 23
BIDDER'S BOND TO ACCOMPANY PROPOSAL 25
SUBCONTRACTORS LIST 26
SUBCONTRACTORS LIST 27
CONTRACT 30
CONTRACT BOND FORMS 35
SECTION 60 JOB SPECIFIC PROVISIONS 45
60-1 Subcontracting... 45
60-2 Prevailing Wages.. 45
60-3 Beginning of Work. .. 45
60-4 Work Hours. ..46
60-5 Liquidated Damages... ..46
60-6 Project Size ..46
60-7 Construction Surveying/Staking ..46
60-8 Traffic Detours.. 46
City of Exeter HVAC Upgrades and Replacements

60-9 Location to Salvage Items ..... 46
60-10 Storage of Materials 47
60-11 Coordination of Work 47
60-12 Utility Coordination 47
60-13 Meetings. 48
60-14 Environmental Mitigation & Requirements.. 48
60-15 Payment for Items Not Covered by Specific Bid Items 48 60-16 Copies of Plans and Construction Specifications. 49 60-17 Department of Industrial Relations Requirements, Public Works Contractor Registration Program and Project Labor Agreements. 49
SECTION 61 GENERAL REQUIREMENTS 50
61-1 General Description of the Work 50
61-2 Preconstruction Conference ..... 50
61-3 Location of Work 50
61-4 Qualifications of the Contractor. 50
61-5 Construction Schedule and Order of Work 50
61-6 Cooperation with Others.. .. 50
61-7 Materials Submittals ... ..51
61-8 Project Site Maintenance. . 51
61-9 Water for Construction.. 51
61-10 Testing During Construction.... 52
61-11 Certificates of Compliance.......... 52
61-12 Contractor's Investigation of Jobsite... 52
61-13 Signs.. ..52
61-14 Field Office.. 52
61-15 Temporary Services. 52
61-16 Special Security Requirements.. 53
61-17 Disposition of Equipment and Materials .. 53
SECTION 62 MOBILIZATION 53
62-1 General... .. 53
SECTION 63 PERMITS 53
63-1 Traffic Control 54
SECTION 64 PUBLIC CONTRACT CODE 9204 AND 20104 CLAIMS PROCEDURES 54 SECTION 65 STATE FUNDING REQUIREMENTS 62
65-1.1 State Funding Requirements 62
City of Exeter HVAC Upgrades and Replacements

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE 64
CLEAN AIR AND WATER POLLUTION CONTROL CERTIFICATION 66
City of Exeter HVAC Upgrades and Replacements

CITY OF EXETER

STATE OF CALIFORNIA

NOTICE TO CONTRACTORS
Project Name CITY OF EXETER HVAC UPGRADES AND REPLACEMENTS Project No. 23-007
RFB No.: 22-007
Sealed bids will be received at City Hall, 137 North F Street or P.O. Box 237, Exeter, California 3221, until 1:00 p.m. on Wednesday, October 25, 2023, and promptly thereafter all bids that nave been duly received will be publicly opened and read aloud for furnishing to said City all Instructions to bidders, specifications and bid forms may be inspected and obtained by visiting https://www.bidnetdirect.com/california/cityofexeter. To prevent misinterpretations, the City would prefer that all questions be sent by email to [email protected]. Questions must be received no later than Wednesday, October 18, 2023.

A mandatory pre-bid meeting and site walk will be held on Monday, October 16, 2023, at 1:00 p.m. at 137 North F Street, Exeter, California.

This project requires the Contractor to have a Class C (C - 20) licenses to perform all aspects of work.

A certified check, cashier's check, or bidder's bond in the amount of ten percent (10%) of the bid made payable to the City of Exeter will be required to accompany each proposal.

All Contractors and/or subcontractors shall be required to obtain a City of Exeter Business Tax Certificate. No payment will be made to any Contractor until such license is obtained.

The Contractors must be registered with the State of California Department of Industrial Relations in compliance with SB854 which states: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Awarded Contractor will be required to furnish electronic payroll records for project to the Labor Commissioner.

Per the California Labor Code (CLC), the following statements are hereby incorporated into this Contract:

As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to City of Exeter HVAC Upgrades and Replacement Project

bid, be listed in a bid proposal, or perform any public work for the City of Exeter. Proof of registration for each contractor and subcontractor listed on the bid is required.

As set forth in CLC section 1771.4(a)(I), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As set forth in CLC section 1773, the City of Exeter shall obtain the general prevailing rate per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. In accordance with labor code section 1773.2, this information is to be included in the bid specifications and in the contract itself.

This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rates for this project, available at the California Department of Industrial Relations' Internet web site:
http://www.dir.ca.gov/dlsr/PWD/index.htm.

In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wage: and employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided in Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. These rates shall be a part of the Contract and are on file in the office of the City Engineer and will be made available to any interested person on request. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

City reserves the right to temporarily retain five percent (5%) from each payment to Contractor pursuant to California Public Contract Code § 7201 until the City determines that all work and other requirements of this Contract are complete. Pursuant to Section 22300 of the California Public Contract Code (Section 10263 of the Public Contract Code for State Agencies), the Contractor may substitute securities for any money held by the City to insure performance of the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or federally-chartered banks as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the contract.

Deposit of securities with an escrow agent shall be subject to written agreement in accordance with the provisions of Section 22300. The City shall not certify that the contract has been completed until at least 35 days after filing by the City of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the public agency.

CITY OF EXETER
Daymon Qualls, Director of Public Works (Project Manager) City of Exeter HVAC Upgrades and Replacement Project

DEFINITIONS
For the purposes of this RFB NO. 23-007, the following terms shall have the meanings indicated:

1. "City" means the City of Exeter
"City Council" means the Council of the City of Exeter

3. "Bidder", "Vendor", "Supplier", "Consultant", "Contractor" and "Subrecipient" are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid . "Bid" and "Proposal" are used interchangeably to mean an individual's or entity's offer in response to this Request for Bid.

5. "RFB" means Request for Bid No. 23-007.

IL. INTRODUCTION
The City of Exeter is soliciting Bids for HVAC upgrades as specified in this RFB. The successful bidder shall be responsible for providing all services and products necessary to fulfill the requirements of this Invitation to Bid.

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City's Notice to Proceed. No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of Chapter 9 of Division of 3 of the State of California Business Professions Code. This project requires the Contractor to have a Class C (C - 20) to perform all aspects of the work.

Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

The contract shall be executed with a Notice to Proceed. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

In general, the project consists of the installation of new HVAC systems at described City facilities.

It is understood that the City of Exeter is NOT exempt from California State Sales Tax of 8.75 percent. The sales tax is to be included in each bid. The City of Exeter must consider all costs associated with determining low bidder (including freight and taxes) and reserves the right to award bid that is in the best interest of the City of Exeter. The winning bidder will be the lowest cost for the total project.

DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements All contractors and subcontractors bidding and performing work on Public Works Projects must:

Register on an annual basis with the California Department of Industrial Relations (DIR)
City of Exeter HVAC Upgrades and Replacement Project

2. Effective April 1, 2015, furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after October 25, 2023 may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 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 at the time the contract is awarded.

If a project labor agreement (the term "project labor agreement" is defined in Public Contract Code 2500(b)(1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Exeter has no ordinances requiring or prohibiting such agreements.

ILL. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit "A") in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

To:

City of Exeter
PO Box 237
Exeter, California 93221
From:

Bidders Name & Address
Marked:

CITY OF EXETER HVAC UPGRADES
RFB NO. 23-007
CLOSING DATE: Wednesday, October 25, 2023 @ 1:00 P.M.

4. Sealed bids can be delivered to City Hall, 137 North F Street, Exeter, California. It is the bidder's responsibility that the sealed bid is received by the City of Exeter by the date and time stated above.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting https://www.bidnetdirect.com/california/cityofexeter. To prevent misinterpretations, the City would prefer that all questions be sent by email to City of Exeter HVAC Upgrades and Replacement Project

[email protected]. Questions must be received no later than Wednesday, October 18, 2023.

6. Bidder's Bond: Each bid must be accompanied by one of the following forms of bidder's security in the amount of 10% of the amount bid: (1) cash; (2) a cashier's check made payable to the City; (3) a certified check made payable to the City; or (4) a bidder's bond executed by an admitted surety insurer, made payable to the City.

IV. SCOPE OF SERVICES / PROJECT
Background: The City of Exeter desires to establish a contract with a Contractor to upgrade and replace HVAC systems in various City owned facilities. The awarded Contractor shall be provided an Authorization to Proceed to begin work. Upon authorization, the Contractor shall complete the work within 120 working days unless extenuating circumstances exist.

Contractor's Responsibilities: Contractor shall provide all mobilization and demobilization, equipment, labor, tools, materials and supervision to remove and dispose of existing equipment, install new equipment, and complete work in a timely fashion. All work to be done shall have prior approval of the City of Exeter. Contractor will also be responsible for obtaining any necessary permits that may be required for the project and scheduling for inspections prior to beginning any work.

All safety practices shall be followed according to OSHA standards. Contractor shall be responsible for cleanup and disposal of all material around site area on a daily basis. All work shall be commensurate with the highest professional standards and shall be performed with the public's safety in mind by a licensed contractor.

Contractor shall perform the work described as follows:

Location #1: Exeter City Hall
Address: 137 North F Street, Exeter CA, 93221
Summary: Replace existing unit with a more efficient and energy saving unit. Relocate air handler to an area that can provide outlet ducting and returns in the proper locations. Install new ducting, outlet registers, and returns to facilitate proper air flow.

Scope of Work:

Provide and install new system to include -
RUUD or equivalent 5-ton 14 seer refrigerant R-410A split system 1- 5 Ton 14 seer condenser unit (outside system)
1- 5 Ton 14 seer evap coil
1 - 80% furnace
Gas flex / shut off valve
Disconnect / fused
Thermostat Honeywell control
Flue pipe / back up drain pan
City of Exeter HVAC Upgrades and Replacement Project

Duct work flex R-8 insulation supply/return
Subfloor for furnace and evap coil placement
All necessary sheet meatal duct work for supply and return *Warranty to include:
1 year parts warranty
5 year compressor warranty
10 year heat exchanger warranty
1 year labor warranty from date of installation
Location #2: Exeter Fire Station
Address: 137 North F Street, Exeter CA, 93221
Summary: Replace existing unit with a more efficient and energy saving 3-zone mini split system. The Fire Station currently has a split HVAC system. The air handler is located in the basement and so are the returns. The ducting is located in a very confined space with the roof directly on top of it. The system operates poorly as the returns are in a location that does not allow for proper circulation, and the ducting absorbs too much attic heat.

Scope of Work:

Provide and install new system to include -
DAIKIN or equivalent multi-zone 36K 4 zone
1- condenser unit (outside system)
1- 12K evap coil in bedroom
1 - 12K evap coil in kitchen
1- 24K evap coil in living / dining room area
2- 12K wall mounted evap coils
1-24K wall counted evap coil
3- condensate pumps
Stand
Blocks for refrigeration line set mounts / with clamps
Electrical connection from unit to electrical panel
*Warranty to include:
1 year parts warranty
5 year compressor warranty
1 year labor warranty from date of installation
Location #3: City of Exeter Corporation Yard
Address: 350 W. Firebaugh, Exeter CA, 93221
Summary: Replace existing roof mounted self-contained unit with a more efficient and energy saving unit.

City of Exeter HVAC Upgrades and Replacement Project

Scope of Work:

Provide and install new system to include -
RUUD or equivalent 5-ton 13.4 seer refrigerant R-410A
Gas flex / shut off valve
Disconnect / fused
Thermostat Honeywell control
Sheet metal stand and transition
Crane for installation
*Warranty to include:
1 year parts warranty
3 year compressor warranty
10 year heat exchanger warranty
1 year labor warranty from date date of installation
Location #4: Exeter Senior Center
Address: 301 S. E Street, Exeter CA, 93221
Summary: Replace existing roof mounted self-contained unit with a more efficient and energy saving unit.

Scope of Work:

Provide and install new system to include -
RUUD or equivalent 4-ton 13.5 seer refrigerant R-410A
Gas flex / shut off valve
Disconnect / fused
Thermostat Honeywell control
Sheet metal stand and transition
Crane for installation
*Required Warranty:
1 year parts warranty
5 year compressor warranty
10 year heat exchanger warranty
1 year labor warranty from date of installation
Location #5: Wastewater Treatment Plant - Main Office
Address: 1907 W. Meyer Ave., Exeter CA, 93221
Summary: Replace existing HVAC split system (propane heat) unit with a more efficient and energy saving heat pump system.

Scope of Work:

Provide and install new system to include -
City of Exeter HVAC Upgrades and Replacement Project

RUUD or equivalent 4-ton 14 seer refrigerant R-410A split system heat pump MP 460 volt 3 ph 1- 4-ton 14 seer condenser unit (outside system)
1-4-ton 14 seer evap coil
1- air handler
Disconnect / fused
Thermostat Honeywell control
Sheet metal adaptor
Stand for condenser unit (outside system)
*Required Warranty:
1 year parts warranty
5 year compressor warranty
10 year heat exchanger warranty
1 year labor warranty from date of installation
Location #6: Wastewater Treatment Plant - Influent Room Address: 1907 W. Meyer Ave., Exeter CA, 93221
Summary: Replace existing window unit with a larger mini split system sized to the room.

Scope of Work:

Provide and install new system to include -
DAIKIN or equivalent mini split system 3-ton heat pump
1 - condenser unit (outside system)
1- wall mount evap coil
1-Refrigeration line set ¼" X 5/8" 14/4 wire
Sheet metal stand for condenser unit with cap
*Required Warranty:
1 year parts warranty
S year compressor warranty
1 year labor warranty from date of installation
Location #7: Wastewater Treatment Plant - Lab Room
Address: 1907 W. Meyer Ave., Exeter CA, 93221
Summary: Replace existing HVAC split system (propane heat) unit with a more efficient and energy saving heat pump system.

Scope of Work:

Provide and install new system to include -
RUUD or equivalent 3-ton 14 seer refrigerant R-410A split system heat pump City of Exeter HVAC Upgrades and Replacement Project

1- 3-ton 14 seer condenser unit (outside system)
I- 3-ton 14 seer evap coil
1- air handler
Disconnect / fused
Thermostat Honeywell control
Sheet metal adapter
Electrical connection from unit to electrical panel (115V AC to 230V AC) Required Warranty:
1 year parts warranty
5 year compressor warranty
1 year labor warranty from date of installation
V. PRE-BID AND BID MEETINGS

1. Mandatory Pre-Bid Meeting and Site Walk. A mandatory pre-bid meeting and site walk will be held at 137 North F Street Exeter, CA. and have been scheduled as follows:

Monday, October 16, 2023 @ 1:00 P.M.

Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting: Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Daymon Qualls, Director of Public Works Department: Public Works
VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening: Bids shall be opened publicly in the presence of attendees, if any, on Wednesday, October 25, 2023 @ 1:00 P.M. at 137 N F Street, Exeter CA, City Hall.

The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase or until the award of the contract.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to e provided copies of any such records. By submitting a Bid, a Bidder agrees tr ndemnify and defend the City against all claims or actions brought against it to see access to, or compel disclosure of, any records or documents in the City's possession.

City of Exeter HVAC Upgrades and Replacement Project

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act ("PRA") provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act ("FOIA) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder's submission which the Bidder believe qualifies for exemption from public disclosure as "Proprietary" or "Confidential" must be identified as such at the time of first submission of Bidder's Bid to this RFB. Any failure to identify information contained in a Bidder's Bid to this RFB as "Proprietary" or "Confidential" shall constitute a waiver of Bidder's right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City.. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB.

The City of Exeter reserves the right to award bids received on the basis of splitting the purchases/services as described in this bid and awarding to more than one vendor and to accept the bid that is in the best interest of the City of Exeter.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

City of Exeter HVAC Upgrades and Replacement Project

3. The City shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accordance with the appeals provision contained in the City's "Purchasing and Contract Procedures". 1X. SPECIAL CONDITIONS

1. Product Issues
a. Complete Product. The successful Bidder shall be responsible for providing all materials, products, equipment and/or services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10) working days to inspect equipment for workmanship, appearance, proper functioning of all equipment, and conformance to all other requirements of this specification. If deficiencies are detected, the equipment will be rejected, and the vendor will be required to make necessary repairs, adjustments, or replacements. Payment and/or commencement of a discount period, if applicable, will not be made until the defects are corrected and the equipment re-inspected and accepted.
c. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the Administration.
d. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
e. Extra Work. Contractor is prohibited from doing extra work, unless authorized by the Project Manager Payment for approved Extra Work shall be as agreed to in writing.
f. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project.

Any temporarily removed or relocated items shall be replaced. g. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project. The site shall be left in a condition equal to or better than it was prior to beginning the project.

City of Exeter HVAC Upgrades and Replacement Project

h. Control of Worksite. Contractor is responsible for worksite safety and for preventing damage to improvements. Worksites must be controlled, barricaded or fenced to prevent hazards to the traveling public. Contractor is responsible for vandalism or damage at the worksite that occurs while the worksite is under their control. The contractor shall secure the worksite until all improvements have cured to a state that prevents the improvements from easily being damaged by vandalism, and vehicles or pedestrians.

2. City-Contractor Relations
a. Project Manager's Responsibility and Authority. City will designate a Project Manager. The Project Manager shall decide issues of quality and acceptability of materials, products, equipment, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, their agents or employees. b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and/or of a quality equal to that specified.
(2) Equivalent Materials. Trade names or manufacturer's catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer's Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
c. Contractor/Contractor's Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project.

Contractor may designate a superintendent.
d. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, plumbing, electrical, and the like. (2) USA Notification. Contractor shall notify underground service alert ("USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.

City of Exeter HVAC Upgrades and Replacement Project

ili. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so from the City's Public Works Dept.
e. Signs, Barricades, and Notice. When applicable, Contractor must provide and maintain proper traffic control, barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
f. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

3. Legal Responsibilities.
a. It is the responsibility of the Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes.

Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.

X. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE will be afforded full opportunity to submit a Bid in response to this notice and will no be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including an remedial action taken is required
City of Exeter HVAC Upgrades and Replacement Project

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Public Works Department.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted

7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City's discretion.

11. A written amendment or addenda issued by City is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact the City prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City's Finance Department and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-592-3710 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades as set forth in the General Prevailing Wage Rates available from the California Department of Industrial Relations.

16. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

City of Exeter HVAC Upgrades and Replacement Project

17. Bidder shall withhold, pay and report all taxes and issue W - 2 forms at the end of each calendar year for employees used to implement the proposed contract.

18. Pursuant to the City's Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

19. The City may make such an investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

20. Each Bidder will be required to submit Affidavits and/or Bid Guarantees which are attached in Exhibit "B".

21. The quantities given on each Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Exeter does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at Unit Bid prices.

22. Bidders shall satisfy • themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials or equipment to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. The City is not exempt from California State Sales Tax. The City is exempt from Federal Excise Taxes. Do not include Federal Excise Taxes in the prices quoted in this bid. The City will furnish exemption certifications upon request.

24. The City of Exeter is not liable for any costs incurred by Bidder in responding to this Request for Bid.

25. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in City of Exeter HVAC Upgrades and Replacement Project

part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit "C" with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. State Requirements. Contractor must comply with California Labor Code and California Public Contract Code.

4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit "C", Attachment 2. Contractor shall provide evidence of such insurance to City's Purchasing Division prior to commencement of work.

5. Required Bonds: Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

City of Exeter HVAC Upgrades and Replacement Project

CONTRACT AMOUNTS - EXHIBIT "A"
FROM: CONTRACTOR
Company Name
The undersigned as bidder declares that he has carefully examined the locations of the proposed vork, that he has examined the specitications, read the accompanying instructions to bidders, an ereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all the work required to complete said work in accordance with said Plans, if any, Standard Specifications, Construction Specifications and Contract Documents in the time and manner there in prescribed, for the unit price or lump sum price set forth in the following Bid Schedule:

CITY OF EXETER HVAC UPGRADES AND REPLACEMENTS

BID SCHEDULE BY LOCATION
UNIT

LOCATION DESCRIPTION QUANTITY PRICE TOTAL
NO. ($) ($)
Exeter City Hall 1
2 Exeter Fire Station 1
City of Exeter Corporation Yard
Exeter Senior Center 1
WWTP - Main Office
WWTP - Influent Room
WWTP - Lab Room 1
PROJECT TOTAL ($) =
$_ (numbers)
$
dollars. (written out)
In case of a discrepancy between unit price and total, the unit price shall prevail. payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the City of Exeter, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
City of Exeter HVAC Upgrades and Replacement Project

In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Questionnaire and Statement are a part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature, under penalty of perjury, of this Questionnaire and Statement.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

City of Exeter HVAC Upgrades and Replacement Project

DRUG-FREE WORKPLACE CERTIFICATION

STATE OF CALIFORNIA

DRUG FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION
1, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTORBIDDER FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Inchide Area Code) 1 TITLE

CONTRACTOR/BIDDER FIRM'S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of controiled substance is prohibited and specifying actions to be taken against employees for violations, as required b Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Prorie as required by Government Code Section 83550, that every employee who works on the proposed contract (a) Will receive a copy of the company's drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
* A ta 36 of The the star irania, fris cait a a val or a contact or raise tered mo balmor e Cily of Exeter HVAC Up prages and Replacement Project

CITY OF EXETER

OWNERSHIP DISCLOSURE FOR CONTRACTORS AND CONSULTANTS
NAMES OF PRINCIPALS. PARTNERS. AND/OR TRUSTEES:

Firm Name:

Firm Address:

List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

Submitted by: Name
Date
City of Exeter HVAC Upgrades and Replacement Project

CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) To Accompany Bid Form
By submission of a Bid, the BIDDER certifies that it has read the "Anti-Kickback Procedures," Company:

Business Address:

Signature:

Name of Signing Official:

Title of Signing Official:

Date:

Company Seal:

City of Exeter HVAC Upgrades and Replacement Project

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
To Accompany Bid Form
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract.

Americans win Disabilities Ace or he Contract work, the selected BIDDER cerifies to the Company:

Business Address:

Signature:

Name of Signing Official:

Title of Signing Official:

Date:

Company Seal:

City of Exeter HVAC Upgrades and Replacement Project

BID PROPOSAL CONTRACT
The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested Print Name of Corporation or True Name of Firm
Print Officer's Name or Copartner's Name and Title
Print Officer's/Stockholder Name or Copartner's Name and Title Print Officer's/Stockholder Name or Copartner's Name and Title Print Officer's/Stockholder Name or Copartner's Name and Title Print Officer's/Stockholder Name or Copartner's Name and Title Licensed in accordance with an act providing for the registration of Contractors, License No. , Class of License(s)
License Expiration Date
Department of Industrial Relations Registration No.

The representations made herein are made under penalty of perjury. Any bid not containing this considered nore poid cad shaline regation which ity obstently proven false, shall be Signature of Authorized Person(s)
Signature Title
Print Name
Gily of Exeter VAC Uporage and Replacement Project
NOTE:If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the partner contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be ›laced above. If signature is by an agent, other than an officer of a corporation or a member of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized Business Address
Street Address
City State Zip Code
Business Telephone Number
Place of Residence Dated:

E-mail
City of Exeter HVAC Upgrades and Replacement Project

BIDDER'S BOND TO ACCOMPANY PROPOSAL
Known all men by these presents,
That we, - as principal and
As surety, are held and firmly bound into the City of Exeter in the sum of _dollars,
($_ ), to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden for
dated
is accepted by the City of Exeter and if the above bounded _ his heirs, executors, administrators, successors and
assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the two bonds described within fifteen days (not including Sunday) from the date of the mailing of a notice to the above bounden by and from the said City of Exeter that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this day of _ 20
City of Exeter HVAC Upgrades and Replacement Project

SUBCONTRACTORS LIST
In accordance with the provisions of Section 2-8 "Designation of Subcontractors," of the Standard Specifications, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of the contract work in an amount in excess of one-half of one percent of the total contract price or $10,000, whichever is greater. In each instance, the nature and extent of the work to be sublet shall be described.

The general Contractor to whom the contract is awarded will not be permitted, without the written consent of the Engineer, to substitute any person as subcontractor in place of the subcontractor designated in the original bid, or to permit any subcontract to be assigned or transferred, or to allow it to be performed by anyone other than the original subcontractor. The Engineer may consent to the substitution of another person as subcontractor, if the original subcontractor, after having reasonable opportunity to do so, shall fail or refuse to execute, when said written contract is based upon the conditions of the general contract and complies with the subcontractor's written bid.

The failure of the Contractor to specify a subcontractor for any portion of the contract work in excess of one-half of one percent or $10,000 of the total contract price shall be deemed to indicate that the Contractor intends to perform such portion himself. The subletting or subcontracting of work for which is in excess of one-half of one percent or $10,000 of the total contract price, will be allowed only with the written consent of the Engineer.

Complete Columns 1 and 4 and submit with the bid. Complete columns 2 and 3 and submit with the bid or fax to (559) 713-4801 within twenty-four (24) hours after the bid opening. Failure to provide complete information in Columns 1 through 4 will result in a non-responsive bid. See the following page for the SUBCONTRACTORS LIST table.

In Column 1 the Contractor shall also list the Subcontractor's Department of Industrial Relations (DIR) Registration Number. This registration number is required to comply with California Labor Code provisions including section 1725.5.

City of Exeter HVAC Upgrades and Replacement Project

SUBCONTRACTORS LIST
Column 1 Column 2 Column 3 'olumn
Business Name, Location, Contractor Bid Item A) Subcontracted Cumulative escription of Subcontracted Wor License Number, Class of License, No(s). Dollar Amount & DIR Registration Number, and e-mail B) Subcontracted Percent of total project
City of Exeter HVAC Upgrades and Replacement Project

CONTRACTOR'S REFERENCE FORM
Name of Proposing Company
Representative Name and Title
Phone Number & E-mail
This form is not required to be submitted with the bid. However, the apparent low bidder shall submit the form within 24 hours of bid opening. The City reserves the right to require any Contractor to complete and submit this form at any time. References must not be relatives of the Contractor's representative or owners. The references given must be for clients with projects similar in size and nature to the proposed project within the last five years. See Section 2-14 "Contractor Qualification Requirements," for further instructions.

Reference 1
Client's name
Description of device/project
and total project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
Reference 2
Client's name
Description of device/project
and total project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
City of Exeter HVAC Upgrades and Replacement Project
Reference 3
Client's name
Description of device/project
and total project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
City of Exeter HVAC Upgrades and Replacement Project

CONTRACT

CITY OF EXETER

STATE OF CALIFORNIA
This Contract for the construction of the City of Exeter HVAC Upgrades and Replacements, is made between the City of Exeter, (hereinafter "The City"), and (hereinafter referred to as Contractor) both
parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Exeter Engineering Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner, the City of Exeter HVAC Upgrades and Replacements, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof.

Said work to be done is shown upon the following plans:

RFB No.: 23-007
Project Name: City of Exeter HVAC Upgrades and Replacements Project No.: 23-007
which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Exeter and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:

City of Exeter HVAC Upgrades and Replacement Project

CITY OF EXETER HVAC UPGRADES AND REPLACEMENTS

BID SCHEDULE BY LOCATION
UNIT

LOCATION DESCRIPTION QUANTITY PRICE IOTAL
($) ($)
Exeter City Hall 1
Exeter Fire Station 1
City of Exeter Corporation Yard 1
Exeter Senior Center 1
WWTP - Main Office 1
WWTP - Influent Room 1
WWTP - Lab Room 1
PROJECT TOTAL ($) =
(numbers)
dollars. (written out)
In case of a discrepancy between unit price and total, the unit price shall prevail.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to deliver the payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the City of Exeter, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Exeter.

ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

City of Exeter HVAC Upgrades and Replacement Project

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Exeter in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

Commercial General Liability insurance with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles and shall be provided by a business automobile policy.

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City's Purchasing Division, Attention:

Purchasing
City of Exeter HVAC Upgrades and Replacement Project

Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claim made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claim made forms). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.

ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.

CITY OF EXETER CONTRACTOR
City Administrator Date By: Authorized Agent Date
ATTEST:

Print Name, Title
City Clerk Date
APPROVED AS TO FORM:

City Attorney Date
Risk Manager Date
Project Manager Date
City of Exeter HVAC Upgrades and Replacement Project

CERTIFICATION CONCERNING WORKER'S

COMPENSATION INSURANCE

STATE OF CALIFORNIA
) SS

CITY OF EXETER )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' 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.

Date:

Signature:

City of Exeter HVAC Upgrades and Replacement Project

CONTRACT BOND FORMS
City of Exeter HVAC Upgrades and Replacement Project

CITY OF EXETER

PAYMENT BOND
(To Accompany Contract)
Bond No.

WHEREAS, the City of Exeter, has awarded to Contractor
hereafter designated as the "Principal", a contract for the work described as follows:
referred to hereafter as "Contract."
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.

NOW, THEREFORE, we the undersigned Principal and
, referred to as "Surety" are bound unto
the City of Exeter in the sum of $
dollars ($ _), for which payment, we bind ourselves, jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its subcontractors shall tail to pay any of the persons named in Civil Code Section 9100, or amounts due under the California Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid pursuant to the California Revenue and Taxation Code for the wages of employees of the Principal and his subcontractors, with respect to such work and labor, that the Surety herein 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, the surety will pay a reasonable attorney's fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons, companies, or corporations, named in Civil Code Section 9100 as to give a right of action to such persons, entities, or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications.

Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

City of Exeter HVAC Upgrades and Replacement Project

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

Name of Principal Date Name of Surety Date
Signature for Principal Signature for Surety
Printed Name and Title Printed Name and Title
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety's Power of Attorney must be attached
City of Exeter HVAC Upgrades and Replacement Project

\ notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of SS
On before me
personally appeared
who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public (SEAL)
City of Exeter HVAC Upgrades and Replacement Project

CITY OF EXETER

PERFORMANCE BOND
(To Accompany Contract)
Bond No.

WHEREAS, the City of Exeter, has awarded to Contractor
hereafter designated as the "Principal", a contract for the work described as follows:
referred to hereafter as "Contract."
AND WHEREAS, said Principal is required to furnish a bond in connection with the above Contract, guaranteeing the faithful performance thereof:

NOW, THEREFORE, we the undersigned Principal and
referred to as "Surety" are held firmly bound to the City of Exeter in the sum of $ dollars
($ ), to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its 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 the Contract and any alteration thereof, made as therein provided, on it or their part to be kept and performed within the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Exeter, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications.

Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

City of Exeter HVAC Upgrades and Replacement Project

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

Name of Principal Date Name of Surety Date
Signature for Principal Signature for Surety
Printed Name and Title Printed Name and Title
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety's Power of Attorney must be attached.

City of Exeter HVAC Upgrades and Replacement Project

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of SS
On before me
personally appeared
who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public (SEAL)
City of Exeter HVAC Upgrades and Replacement Project

CITY OF EXETER

MAINTENANCE BOND
(To Accompany Contract)
Bond No.

WHEREAS, The City of Exeter, has awarded to Contractor
hereafter designated as the "Principal", a contract for the work described as follows:
referred to hereafter as "Contract."
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, guaranteeing the correction of deficiencies during the specified maintenance period of one (1) year from the date the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded:

NOW, THEREFORE, we the undersigned Principal and
referred to as "Surety" are held firmly bound to the City of Exeter in the sum of $ dollars
, to be paid to City of Exeter or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, the named Principal has made specific guarantees to the City concerning the work, labor and materials furnished for the construction of said improvements as stated above. If Principal complies with these guarantees for a period of one (1) year from the date of the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded, then this obligation shall be null and void. If City notifies Surety that Principal has not met its guarantee, then Surety shall indemnify City for losses incurred up to the amount listed above. The City shall give written notice to the Principal during the one (I) year period specified in this obligation of any defect of the guaranteed work that becomes apparent. This obligation shall remain in full force and effect until any defect identified in said written notice are repaired by the Principal and accepted in writing by the City.

The said Surety, for value received, hereby stipulates and agrees that no change, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

City of Exeter HVAC Upgrades and Replacement Project

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

Name of Principal Date Name of Surety Date
Signature for Principal Signature for Surety
Printed Name and Title Printed Name and Title
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety's Power of Attorney must be attached.

City of Exeter HVAC Upgrades and Replacement Project

i notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of sS
On _ before me
personally appeared
who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public (SEAL)
City of Exeter HVAC Upgrades and Replacement Project

SPECIAL PROVISIONS SECTIONS 60-80
SECTION 60 JOB SPECIFIC PROVISIONS
60-1 Subcontracting
Should any bidder propose subcontracting any part of the work covered by these Construction Documents, he shall submit with his bid a description of the work to be done by each subcontractor and the name and location of the place of business of each subcontractor as a part of the "Bidder's Proposal". The Contractor shall perform work equaling at least fifty percent (50%) of the value of the original total bid with the Contractor's own employees and equipment, owned or rented, with or without operators.

No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work. If the Contractor violates Pub Cont Code § 4100 et seq., the City of Exeter may exercise the remedies provided under Pub Cont Code § 4110. The City may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.). Submit copies of subcontracts upon request by the Engineer.

Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations web site at:
http://www.dir.ca.gov/dlse/debar.html
Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract. 60-2 Prevailing Wages
This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rates for this project, available at City of Exeter address and available from the California Department of Industrial Relations' Internet web site:
http://www.dir.ca.gov/dlsr/PWD/index.htm.
60-3 Beginning of Work
The Contractor shall begin work within Ten (10) days after receiving notice that the contract has been approved (Notice to Proceed) and shall diligently prosecute the same to final completion of the total project Thirty (30) working days after that work begins (mobilization).

The first paragraph of Standard Specification Section 8-6 Beginning of Work shall be deleted and replaced with the following paragraph:

The City of Exeter should hold a pre construction conference with the Contractor and other entities affected by the work within ten (10) days after the City Council awards the Contract. The City of Exeter HVAC Upgrades and Replacement Project

Contractor shall begin work within the number of days listed above in this section after receiving notice that the contract has been approved (Notice to Proceed). The Contractor shall be responsible for obtaining the approved Encroachment Permit, submitting all of the other documents required by the City, obtaining all necessary permits, and obtaining all approvals/acceptances required for the project prior to starting construction. Should the Contractor fail to obtain the required permits and approvals within the number of days listed in this section for the beginning of work after the Notice to Proceed is issued, the length of time beyond the number of days listed will be subtracted as working days from the Contract. The Contractor shall commence work under the contract within the time specified above and shall diligently prosecute the same to completion within the time limit provided. The Contractor shall not begin work in advance of receiving the Notice to Proceed without written authorization from the Engineer. The Contractor shall notify the Inspector and Engineer in writing a minimum of 2 working days prior to starting work. 60-4 Work Hours
Working hours on arterials and collectors shall be 9:00 am to 3:00 pm or 8:00 pm to 6:00 am with approval from the City Engineer. All other roadways shall be 7:00 am to 5:00 pm Monday thru Friday. If night or weekend work is requested it shall be approved by the City Engineer prior to beginning the work.
60-5 Liquidated Damages
The Contractor shall pay the City of Exeter the sum of THREE THOUSAND DOLLARS ($3,000.00) per day for each and every calendar day delay in finishing the work as required for final completion within the number of working days prescribed above. All final paperwork, funding paperwork, operation and maintenance manuals, other manuals, warranties, extra materials, bonds, and all other items/documents required in the Contract Documents shall be properly completed and submitted to the City within the time limit specified for completion of the work or Liquidated Damages will apply until such time all items are properly completed and submitted to the City.
60-6 Project Size
The Contractor will be required to comply with all of the Dust Control, Water Pollution Prevention, and other permitting requirements of the Standard Specifications. 60-7 Construction Surveying/Staking
The City Surveying Crew will NOT be providing Construction Staking/Surveying services in accordance with Section 5-14 for this project.
60-8 Traffic Detours
Shall be detailed in your submitted traffic control plan and approved by the City Engineer prior to construction.
60-9 Location to Salvage Items
All items specified in the Contract Documents to be salvaged shall be cleaned, sorted, and delivered to the City of Exeter Corporation Yard at 350 W. Firebaugh Ave., Exeter, CA 93221.

Contact Project Manager, Norm Goldstrom at (559) 592-3318, prior to doing so for arrangements.

City of Exeter HVAC Upages and Replacement Project
60-10 Storage of Materials
The Contractor shall obtain the prior approval from the City of Exeter (City for any area or space required for Contractor's storage during construction operations. Materials, equipment, etc., shall not be piled or stored in any location which shall interfere with the conduct of normal City functions and shall not constitute a hazard to persons or property. Any required safety precautions such as signs, danger signals, lanterns, barricades, etc., shall be installed and maintained by the Contractor during construction operations. Use of any private property shall have written permission from the property owner. A copy of which shall be provided to the Project Manager.

Full Compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefor. 60-11 Coordination of Work
It shall be the responsibility of the Contractor to maintain overall coordination of the work. Based on the general contract Construction Schedule prepared in accordance with these Specifications, the Contractor shall obtain from each subcontractor, including the private utility companies, Southern California Edison, AT&T, Southern California Gas Co., Comcast, and others, a similar schedule and shall be responsible for all parties maintaining these schedules or for coordinating changes necessitated in order to meet the specified time of completion of the work. The Contractor shall coordinate with all subcontractors and utilities prior to construction and throughout the duration of construction to ensure that the project schedule is maintained Full compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefor. 60-12 Utility Coordination
The Contractor shall be responsible for coordinating all of the necessary utility work associated with the project with the appropriate utility companies including, but not limited to, Southern California Edison, AT&T, Southern California Gas Co., Comcast and any other utility company whose infrastructure will be affected by the City project. The Contractor shall coordinate with all of the affected companies prior to commencing construction and throughout the duration of construction.

The Contractor shall provide a minimum of 5 working days notification, or a longer notification time as required by the utility, whichever is greater, to the utility to perform simple infrastructure modifications like raising and lowering valve cans. Much longer notification lead times are required for more significant infrastructure adjustments like re-routing laterals, installing new laterals and lines, and other infrastructure modifications. The Contractor shall be responsible for coordinating with the utility and providing the proper notification. No utility infrastructure shall be covered by the project improvements prior to the utility being notified and completely tying out their infrastructure so it can be located.

Gas Company valves and facilities must be accessible at all times throughout the duration of construction. During paving operations, the Contractor shall have the Gas Company present to raise valve cans and other infrastructure. The Contractor will be responsible for performing paving operations in a manner to place, compact, and finish hot mix asphalt paving around gas cans and infrastructure.

City of Exeter HVAC Upgrades and Replacement Project

Unless noted otherwise in the Plans or Special Provisions, for all other utilities the Contractor shall coordinate and have the utilities complete the raising of valve cans and other infrastructure within 5 working days of the final paving operations being completed. No manholes or valve cans should have a ½" or greater difference in grade from the surrounding finish grade. The Contractor will be responsible for the final grade around sanitary and storm sewer manholes and water valve cans.

All other utilities will be responsible for raising and placing concrete collars around their own infrastructure per City Standards and Specifications. The Contractor will be responsible for placing the final top lift of hot mix asphalt on top of all utility company valves and infrastructure collars. Hot Mix Asphalt shall be supplied and placed in accordance with the Standard Plans and Standard Specifications. The Contractor shall be responsible for installing the top lift of asphalt, cape seal, and microsurface as soon as possible after the concrete collars have cured.

Full compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefor, except for traffic control as noted in the following paragraph.

The Contractor shall provide traffic control in accordance with Section 12 "Traffic Control; Construction Area Traffic Control Devices," of the Standard Specifications for all utility companies as necessary for the utility companies to complete their work for the project. Full compensation for this traffic control will be included in the lump sum price paid for Traffic Control. No additional payment will be made therefor.
60-13 Meetings
The Contractor shall be required to attend meetings with the City of Exeter, as determined by the engineer, throughout the duration of the construction project. The Contractor is required to provide updated construction schedules at this meeting. The construction work for the next two weeks following the meeting will be discussed and coordinated. The Contractor should be prepared to discuss construction means and methods and equipment and crew availability at this meeting. At the Engineer's option, the City may prepare minutes for each meeting and forward them to Contractor; Contractor's failure to correct the minutes within two (2) working days shall be deemed agreement with the content of the minutes. The City has the right to audiotape or videotape any meeting.

Full compensation for conforming to the requirement of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefore. 60-14 Environmental Mitigation & Requirements
This maintenance project has no significant impacts on the environment and no environmental mitigations are required at this time. The Contractor must still comply with any State and Local environmental requirements that may apply.
60-15 Payment for Items Not Covered by Specific Bid Items Wherever work called for and described in the Contract Documents is not specifically covered in the bid items, payment for such work shall be considered as being included in the total contract price, and no additional compensation will be allowed therefor.

City of Exeter HVAC Upgrades and Replacement Project

60-16 Copies of Plans and Construction Specifications
The City will provide the Contractor with a thumb drive with the project Plans and Construction Specifications at no cost. It shall be the responsibility of the Contractor to procure and pay for any additional copies or any other documents needed.
60-17 Department of Industrial Relations Requirements, Public Works Contractor Registration Program and Project Labor Agreements
All contractors and subcontractors bidding and performing work on Public Works Projects must:

1. Register on an annual basis with the California Department of Industrial Relations (DIR)

2. Furnish electronic payroll records for new projects to the Labor Commissioner No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after March 1, 2015 may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 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 at the time the contract is awarded.

If a project labor agreement (the term "project labor agreement" is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Exeter has no ordinances requiring or prohibiting such agreements.

City of Exeter HVAC Upgrades and Replacement Project

SECTION 61 GENERAL REQUIREMENTS
61-1 General Description of the Work
The work to be completed under this contract consists of furnishing all labor, materials, tools, equipment, transportation, supplies, and incidentals for performing all the work involved in the City of Exeter HVAC Upgrades and Replacement Project, in accordance with direction of the Project Manager attached, specifications, contract documents and requirements of bid documents. 61-2 Preconstruction Conference
The City of Exeter will hold a preconstruction conference with the Contractor and other entities affected by the work within ten (10) days after the City Council awards the Contract. This conference will give the City and Contractor the opportunity to discuss on the preliminary construction schedule, traffic control plan, proposed sequence of work, notification procedures for public agency and property owner, and construction procedures. The Contractor's superintendent for this project shall be present and shall have reviewed the contract documents and be prepared to discuss the work.
61-3 Location of Work
The project sites are located in the City of Exeter, Tulare County, California. The specific site locations are designated in Section IV - Scope of Work / Project. 61-4 Qualifications of the Contractor
Contractor, in order to qualify for award of contract, shall have been engaged in the installation and service of equipment similar to that specified herein. This project requires the Contractor to have a Class C (C - 20) licenses to perform all aspects of work. All Contractors, General Contractors and Subcontractors shall have a minimum of five years of past experience with projects of similar size and nature to the proposed project. All Contractors shall be required to submit a complete CONTRACTOR'S REFERENCE FORM with their bid unless otherwise noted on the blank copy of this form located in the front-end portion of the bidding documents.

Contractor shall ensure, to the satisfaction of the Engineer, the personnel assigned are experienced and competent to carry out the proposed construction.
61-5 Construction Schedule and Order of Work
Contractor shall submit a construction schedule in conformance with the requirements of the Contract Documents. This schedule shall indicate job completion within the specified time. If at any time the average rate of daily progress is applied to the remaining contract time with the result that late completion is indicated, the Owner may order a new schedule to aid in timely completion of the project.
61-6 Cooperation with Others
At all times, Contractor shall extend full cooperation to other contractors and to all others performing work within or adjacent to the project areas, including employees and contractors of owner and all utilities and their employees. The Contractor is required to provide 2 responsible contacts for 24 hour contact in the case of emergency. The Project Manager shall be notified if anyone else is working on the same street at the same time.

City of Exeter HVAC Upgrades and Replacement Project

61-7 Materials Submittals
Contractor shall review, stamp with his approval, and submit for review by Engineer, three copies of material submittals as required by the Contract Documents. The submittals shall include, but not necessarily be limited.
61-8 Project Site Maintenance
Protection of Existing Improvements
All existing improvements, including fences, curbs, gutters, sidewalks, landscaping, irrigation systems, structures, signs, poles, etc., located adjacent to the work area shall be protected from any damage and preserved in their previously existing conditions throughout the duration of the project. Should any improvements become damaged through the actions of the Contractor, it shall be repaired to its pre-existing condition at the contractor's expense and at no expense to the City or Owner. • Protection of Existing Utilities
All existing utilities adjacent to the work area shall be protected from any damage and preserved in their previously existing condition throughout the duration of the project. Any damage to these lines shall be repaired to the satisfaction of the respective utility company at the contractor's expense and at no additional expense to the City or owner. • Cleanup and Dust Control
Throughout all phases of construction, including any suspension of work, and until final acceptance of the project, Contractor shall keep the work site clean and free of rubbish and debris. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspections, the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory, clean, and neat appearance. All cleanup costs shall be included in the various other items of work, and no additional compensation will be made therefor. • Sanitation
Contractor shall provide and maintain enclosed toilets at a location or locations accessible to and for the use of employees engaged in the work. These facilities shall be maintained in a neat, sanitary condition. They shall comply with all applicable laws, ordinances, and regulations regarding public health and sanitation.
61-9 Water for Construction
The use of water for any construction purpose shall conform to the provisions of Section 17 of the Standard Specifications and these Special Provisions. Potable water for construction will be provided by the City of Exeter from existing facilities. The contractor shall make all arrangements to transport and supply water. City of Exeter operates the water service in the City of Exeter. A meter can be rented from the City for water and shall, at contractor's own expense, provide facilities for conveying water from a fire hydrant to the point of use. Full compensation for developing, obtaining, and applying water shall be included in the various other items of work, and no additional compensation will be made therefor.

City of Exeter HVAC Upgrades and Replacement Project

61-10 Testing During Construction
Initial tests of materials will be performed at no expense to the Contractor. However, the cost of all retesting required due to failure of the material to meet specifications will be deducted from the money due or that may become due Contractor under contract. 61-11 Certificates of Compliance
Contractor shall furnish certificates of compliance for all materials furnished (i.e. that they comply with the Specifications, and with previously approved samples and submittals). 61-12 Contractor's Investigation of Jobsite
It is the Contractor's responsibility to inspect the jobsite and familiarize himself with all conditions which may affect the work described herein whether or not such conditions are correctly represented or shown on the maps, street lists, plans, specifications and other and Contract Documents. Contractor shall take all such conditions into account in the preparation of his bid and shall provide City with a complete, satisfactory project as specified. Submission of a bid shall indicate the contractor's evidence of jobsite inspections and familiarization with conditions. 61-13 Signs
No advertising signs of any kind will be permitted except by written permission of the City. 61-14 Field Office
A field office as such is not required.
61-15 Temporary Services
• Fences, Barricades, Warning Signs, and Lights
To conform to CAL-OSHA regulations, other State of California and local codes, rules, regulations, and ordinances for protection of workers, public and private property, provide, install and maintain barricades, warning devices and other protection required therefor.

Provide temporary fencing, etc., as required to protect stored materials, equipment and miscellaneous items from theft, vandalism and unauthorized access. • Contractor's Access, Work and Storage Areas
Delivery to and removal from the work area of equipment and materials shall be the responsibility of the Contractor.
• Telephone
Contractor shall provide cellular telephone service to the site at all times when contract work is being performed. Contractor shall arrange for such telephone service and provide the City with the telephone number.
• Field Toilets
The Contractor shall furnish, install, and remove at the completion of the job, all sanitary; i.e., portable toilet facilities required for the completion of the job. The type and location of the facilities shall be subject to acceptance by the City.

All sanitary facilities shall be made available for use by all workers, subcontractors, consultants, and City personnel associated with the project.

Gily of Exeter HVAG Up pages and Replacement Project
The Contractor shall maintain the sanitary facilities in a proper, safe, and sanitary condition for the duration of the work. Facilities shall be provided in sufficient quantities to comply with CAL-OSHA regulations.

Existing facilities shall not be used by Contractor's employees or subcontractors. 61-16 Special Security Requirements
The Contractor's workers and equipment shall be limited to the work areas as designated by this contract, or as directed by the City.
61-17 Disposition of Equipment and Materials
All waste from this work shall be removed from the site and disposed of at an approved dumpsite location by the Contractor at the Contractor's expense.

SECTION 62 MOBILIZATION
62-1 General
Preparatory Work: Mobilization conforming to Section 11 of the Standard Specifications shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; secured equipment and materials storage areas, demobilizations and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning or after work on the various contract items on the project site.

SECTION 63 PERMITS
The job site is located within the City of Exeter. A City of Exeter business license, which may be obtained at City Hall (137 N. F St), is required. For more information on Business License, please call 559-592-9244.

An encroachment permit to work within the City's right of way may also be required. It will be the responsibility of the Contractor to apply for and obtain the encroachment permit from the Public Works Division (350 W. Firebaugh Avenue). The encroachment permit fees are waived on this City project.

All work embraced herein shall be accomplished in accordance with all applicable Standards, Codes, Regulations, or Specifications issued by any governmental agency having jurisdiction over the work in progress. Contractor shall prepare and deliver to the proper agency any report or records which may be required in connection with the project, and obtain any permits which may be required.

Payments for obtaining permits shall be included in the item for Mobilization and shall include full compensation for all labor, materials, equipment, tools, and incidentals required to complete the work as specified herein.

City of Exeter HVAC Upgrades and Replacement Project

63-1 Traffic Control
In the event that work in the street is required, the Contractor shall submit an application for an encroachment permit with fully detailed traffic control plans for City approval. The encroachment permit and plans shall be submitted at the latest, by the time of the pre-construction meeting. Due to the time it takes to review the encroachment permit and traffic control plans, these should be submitted as soon as possible.

The plan shall incorporate:

The proposed schedule, including times-of-day, to maintain maximum access to adjacent properties for all streets.

The Contractor shall schedule his operations and carry out the work in a manner to cause the least disturbance and/or interference with the normal flow.

The Contractor shall place proper detour signs, barricades, flagmen, cones, and other warning devices prior to the work each day.

Take all feasible steps to minimize project impacts upon traffic flows, access and egress while protecting workers and work in progress.

Respond promptly and effectively to any traffic safety, access and egress concerns expressed by the Engineer or the City's Representative and by local public safety (police and fire) personnel, inside and outside of normal business hours.

The Contractor shall be totally responsible for traffic control. Failure or refusal to construct and maintain detours and controls at the proper time shall be sufficient cause for closing down the work until such detours and controls are in satisfactory condition for safe use by the public.

If, in the opinion of the Engineer, proper signing is not being used, the Contractor shall stop all operations until safe signing and barricading is achieved.

Bring all discrepancies to the immediate attention of the City Project Manager.

SECTION 64 PUBLIC CONTRACT CODE 9204 AND 20104 CLAIMS PROCEDURES 9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a in blic ano kh ariety mansate that is complete and not in dispute is paid (b) Notwithstanding any other law, including but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:

City of Exeter HVAC Upgrades and Replacement Project

(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)
(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carr out the purposes of the public agency.
(B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any
project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any
project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation
with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

City of Exeter HVAC Upgrades and Replacement Project

(V) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind
5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement
identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or
extension, expires to provide the claimant a written
statement identifying the disputed portion and the
undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

City of Exeter HVAC Upgrades and Replacement Project

(2) (A) If the claimant disputed the public entity's written response, or if the public entity fails to respond to the claim issued pursuant to this section with the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity 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 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall
mutually agree to a mediator within 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 to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an
independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under
City of Exeter HVAC Upgrades and Replacement Project

Section 20104.4 to mediate after litigation has been
commenced
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if
mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the
subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the ublic entity and, if the original contractor did not present th laim, provide the subcontractor with a statement of the reasons fo not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to ublic policy, provided, however, that (1) upon receipt of a claim, th arties may mutually agree to waive, in writing, mediation and procee directly to the commencement of a civil action or binding arbitration, as City of Exeter HVAC Upgrades and Replacement Project

applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027 and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

To the extent not inconsistent with the above, the contractor is advised that Section 20104 et seq. of the California Public Contract Code will also apply as notwithstanding the above, Section 20104 et seq. has not been amended or repealed, and the text of the law is set forth as follows (note that the above legislation takes precedence over the legislation below):
20104 ET SEQ.

Pursuant to Section 20104 et. seq. of the California Public Contract Code the Contractor is advised as follows:
(a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work one by or on behalt of the contractor pursuant to the contract t le public work and payment of which is not otherwise express provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.

City of Exeter HVAC Upgrades and Replacement Project

(c) This article applies only to contracts entered into or after January 1, 1991.

For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days the elim of the tini to dry andes to the daim the local ayenry may nave against the claiman
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further di nonal aler that that taken by the claimant in producing the whichever is greater
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

City of Exeter HVAC Upgrades and Replacement Project

(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute.

Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of Government Code. For that the claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be constructed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4
The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a)
mediation nes wai ved by utual sipulatich matter parties inding. nediation process shall provide for the selection within 15 days by bott parties of a disinterested third person as mediator, shall be commenced extended upon a good cause showing to the court or by stipulation of bot! arties. If the parties fail to select a mediator within the 15-day period (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil City of Exeter HVAC Upgrades and Replacement Project

Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial do novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo.
(4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
20104.6
(a) No local agency shall fail to pay money as to any portion of a claim, which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

SECTION 65 STATE FUNDING REQUIREMENTS
65-1.1 State Funding Requirements
Labor
Attention is directed to the provisions and penalties applicable to workmen permitted to labor more than eight (8) hours in a calendar day, to labor discrimination, and to employment of alien labor.

This project is prevailing wage. See Section 7 "Legal Relations and Responsibility", for all prevailing wage requirements.

No discrimination shall be made in the employment of persons within Public Works because of race, color, or religion of such persons and every Contractor for Public Works violating this section City of Exeter HVAC Upgrades and Replacement Project

is subject to the penalties imposed for a violation of Chapter 1 pf Part VII, Division 2 of the California Labor Code, in accordance with the provisions of Section 1735 of Said Code.

City of Exeter HVAC Upgrades and Replacement Project

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid Form
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to axintive performance of each on Sect vi 204 City oF EXETER, the TRADer 28,0965, follows:

1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation.

The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The CONTRACTOR will, in all solicitations or advertisements for employees, placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers' representative of the CONTRACTOR's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

City of Exeter HVAC Upgrades and Replacement Project

6. In the event of the CONTRACTOR's non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the CONTRACTOR may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The CONTRACTOR will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBCONTRACTOR or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with litigation with a SUBCONTRACTOR or vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States.

Company:

Business Address:

Signature:

Name
Title
Date:

City of Exeter HVAC Upgrades and Replacement Project

CLEAN AIR AND WATER POLLUTION CONTROL CERTIFICATION
(AIR 42 U.S.C. § 7401 et seq., 40 CFR Part 15.61, 49 CFR Part 18; WATER: 33 U.S.C. § 1251)
To Accompany Bid Form
CONTRACTOR agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.

CONTRACIOR also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. relating to the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.

CONTRACTOR agrees that as a condition for award of the contract, the CONTRACTOR will any communication from the EPA indicating that
Company:

Business Address:

Signature:

Name
Title
Date:

City of Exeter HVAC Upgrades and Replacement Project

Exhibit "A"
Applicable City Standards
City of Exeter HVAC Upgrades and Replacement Project

EXETER

BID TABULATION
PROJECT: HVAC Upgrades and Replacements PROJECT NO.: 23-007 DATE: October 25, 2023 TIME: 1:00 PM

BIDDER BASE BID
Central Valley Air Conditioning $150,583.00
Stevens Air Conditioning, Inc. $194,279.04
Strategic Mechanical $282,200.00
City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023
For action by:

Agenda Item Number: H9 X City Council
Regular Session:

Wording for Agenda: Adopt Resolution 2023-28 amending the _ Consent Calendar City's 2023/24 salary schedule and personnel allocation. Regular Item Public Hearing
Submitting Department: Administration and Finance
Contact Name: Shonna Oneal, City Clerk/Human Resources Review:

Manager
City Administrator
Eekhong Franco, Finance Director (Initials Required)
Phone Number: (559) 592-9244, (559) 592-2755
Email: [email protected] ABE
[email protected]
Department Recommendation:

Staff recommends that City Council adopt Resolution 2023-28 as presented.

Summary:

To remain in compliance with state law effective January 1, 2024, revisions to the City's salary schedule are necessary to reflect the increase in minimum wage from $15.50 to $16.00 per hour for minimum wage earners and to meet the minimum threshold salary requirements for exempt employees who meet certain job duty requirements. In addition, the personnel allocation needs to be revised effective November 20, 2023, for the scheduling needs of the Police Department, to reflect 3 detectives and 7 police officers resulting in no net increase to total number of employees.

Background:

Effective January 1, 2024, the minimum wage is being increased from $15.50 per hour to $16.00 per hour. Pursuant to California Labor Code §515, subd.(a), exempt employees must meet certain job duty requirements and earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. With the increase in minimum wage to $16.00 per hour, the new minimum salary for exempt employees will be $66,650 annually, or $5,547 per month.

To remain in compliance with state law, the following revision to the City's 2023/2024 Salary Schedule are requested and the effective date for the revision is recommended to be January 1, 2024.

Update the hourly rate for minimum wage earners to $16.00 per hour.

Update the entry salary for exempt employee classification of Deputy City Clerk/Personnel Officer from $65,772 (annual) to $66,650.

In addition, due to scheduling needs of the Police Department, it is necessary to make the following amendments to the personnel allocation:
- Revise the personnel allocation to 3 detectives and 7 police officers with no net increase to personnel effective November 20, 2023.

Financial Impact:

The increase to the entry salary for the exempt employee classifications of Deputy City Clerk/Personnel Officer will be minimum. However, the continued increases to minimum wage requirements could have larger financial impacts to the City's finances moving forward because the minimum wage may start to impact the lower paid positions in the City. This impact can cause ripple effects across the organization. The City should carefully plan accordingly, moving forward to address this issue.

Prior Council/Board Actions: Resolutions 2023-25, 2023-19, 2023-06, 2022-25, 2021-33, 2021-16, 2021-10, 2020-34, 2020-43, 2019-18, 2018-34, 2018-24 Attachments: Resolution 2023-28
Recommended motion to be made by Council/Board: I move to adopt Resolution 2023-28 as presented
RESOLUTION 2023-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AMENDING THE CITY'S 2023/2024 SALARY SCHEDULE AND PERSONNEL ALLOCATION WHEREAS, the City Council adopted Resolution 2023-19 adopting the City's 2023/24 Salary schedule for all Regular and Part-Time Employees, City Council Members, and Seasonal/Temporary Employees of the City;
WHEREAS, effective January 1, 2024, the general statewide minimum wage will increase by .50 cents brining the hourly rate from $15.50 to $16.00 per hour; WHEREAS, pursuant to California Labor Code §515, subd.(a), exempt employees must meet certain job duty requirements and earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. With the increase in minimum wage to $16.00 per hour, the new minimum entry salary for exempt employees will be $66,560 annually, or $5,547 per month.

WHEREAS, pursuant to the above state law, adjustments to the City's salary schedule for hourly and exempt employee classifications of Deputy City Clerk/Personnel positions require updating effective January 1, 2024, to remain in compliance.

WHEREAS, it was noted on the personnel allocation that it states 2 detectives and a need exists to increase that number to 3 detectives for shift coverages and reduce police officers to 7 for no net increase in total personnel.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER, does hereby resolve as follows:

SECTION 1. That the Citywide Salary and Pay Schedule contained in Exhibit "A" and the Personnel Allocation continued in Exhibit "B", attached hereto and made a part hereof, are hereby amended to:
* Update the hourly rate increase for minimum wage earners to $16.00 per hour effective January 1, 2024.
*Update the entry salary for exempt employee classifications of Deputy City Clerk/Personnel Officer from $65,772 (annual) to $66,560 (annual) effective January 1, 2024. *Revise the personnel allocation to 3 detectives and 7 police officers with no net increase to personnel.

SECTION 2. That the City Administrator is required to bring any additions to the position allocation or any changes in any position's salary ranges to be made during the fiscal year to the City Council for further approval;
SECTION 3. That the City Administrator is authorized to make changes to job descriptions, including without limitation title changes that do not affect the positional role in the position allocation or the positional salary range; to make changes to job responsibilities that do not affect the position allocation or require approval as part of the collective bargaining process, and to re-allocate funding sources among divisions for any positions; and
Resolution 2023-28
2023/2024 Salary Schedule Revision

SECTION 4. That the City Administrator, or his or her designee, is authorized to recruit and fill in anticipation of known upcoming vacancies to minimize periods where there are key unfilled positions even though employee counts temporarily exceed the authorized position count for a particular position; provided, however, that there will be no adjustment to the total divisional appropriations and all such costs must be covered by savings in other line items so that the total division budget remains unchanged.

Passed, approved, and adopted this 14* day of November 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor ATTEST:

Deputy City Clerk
Resolution 2023-28
2023/2024 Salary Schedule Revision

Exhibit "A"
CITY OF EXETER FY2023-2024 SALARY SCHEDULE
Effective date: 01/01/2024

MISCELLANEIOUS CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E PATTERN City Administrator 11,987 12,618 13,143 13,691 14,262 5,4,4,4 Finance Director 8,326 8,764 9,225 9,712 10,223 5*
Public Works Director 7,367 7,755 8,164 8,594 9,045 5*
Community Services Director 7,221 7,602 8,002 8,423 8,866 5* City Clerk/Human Resources Manager 6,642 6,991 7,359 7,747 8,154 5* Operations Manager 5.825 6.132 6,455 6,794 7,152 5*
* Deputy City Clerk/Personnel Office 5,554 5,832 6,124 6,430 6,751 5* Finance Manager 5,825 6,132 6,455 6,794 7,152 5*
Chief Operator 4,925 5,184 5,458 5,745 6,047 5*
Operator Il, Water/Wastewater 4,466 4,703 4,950 5,210 5,485 5* Operator I, Water/Wastewater 4.239 4.461 4,696 4,943 5,204 5* Crew Leader 4,037 4,249 4,473 4,709 4,956 5*
Mechanic I| 4,026 4,239 4,461 4,695 4,943 5*
Senior Clerk Dispatcher 3,886 4,091 4,532 4,771 5*
Recreation Supervisor 3,886 4,091 4,532 4,771 5*
Community Services Officer 3,886 4,091 4,532 4,771 5*
Maintenance Technician 3,835 4,027 4,439 4,661 5*
Skilled Maintenance Worker 3,472 3,654 4,049 4,261 5*
Accounting Assistant 3,472 3,654 4,049 4,261
Administrative Assistant 3,472 3,654 4,049 4,261 5*
Recreation Coordinator 3,472 3,654 4,049 4,261 5*
Records Clerk 3,424 3,604 3.994 4,204 5*
Animal Control/Code Enforcement 3,378 3,556 3,940 4,147 5* Maintenance l 3,303 3,478 3,854 4,057 5*
Office Assistant 2,999 3,157 3,498 3,682 5*
Recreation Leader 2,999 3,157 3,323 3,498 3,682 5*

POLICE CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E PATTERN Chief of Police 9,954 10,451 10,870 11,306 11,757 5,4,4,4 Lieutenant 7,691 8,075 8,479 8,903 9,348 1*5
Sergeant 6,069 6,372 6,691 7.026 7,377 *5
Police Officer 4,755 4,993 5,243 5,505 5,780 *5
Police Officer Trainee 4,517 4,743 4,981 5,225 5,492 *5 E-Step Police Officer is the benchmark position upon which linked formulas are based. **All salaries shown are monthly amounts.

HOURLY EMPLOYEE SALARY Effective Effective Effective Effective Effective SCHEDULE 1/1/2020 1/1/2021 1/1/2022 1/1/2023 1/1/2024
Recreation Assistant 13.00 14.00 15.00 15.50 16.00
Recreation Leader N/A 18.00 18.00 18.00

13.00 15.00 15.50

13.00 1000 15.00 15.50
Office/ Administrative I 13.00 14.00 15.00 15.50
Office/ Administrative I 15.00 16.00 17.00 17.00

19.00 19.00 25.00 25.00
Special Projects and Training Coordinator 53.93
*Includes California Minimum Wage Increases pursuant to State Law

CITY COUNCIL MEMBERS
Exeter City Council Member
*$10.00 per meeting not to exceed four meetings in any calendar month pursuant to City of Exeter Municipal Code §2.04.030
Exhibit "B" Resolution 2023-28
2023/2024 Salary Schedule Revision

CITY OF EXETER
FY2023-2024 PERSONNEL ALLOCATION

GENERAL FUND NON-GENERAL FUNDS
NON
GEN GENERAL. MSRP Water Sower Refuse FU
FTE DEPT CLASSIFICATION ADMIN FIN GOVT POLICE STREETS REC PARKS FUND INS Total Admin City Administrator 0.30 0.08 0.38 0.09 0.25 0.25 0.03 0.62 1.00 Admin City Clerk/Human Resources Manager 0.15 0.35 0.25 0.25 0.15 0.65 1.00 Admin Deputy City Clerk/Personnel Officer 0.15 0.35 0.25 0.25 0.15 0.65 1.00 Code Enf Community Services Officer 1.00 1.00 1.00
Finance Accounting Assistant 0.30 0.30 0.30 0.30 0.10 0.70 1.00 Finance Accounting Assistant 0.30 0.30 0.30 0.30 0.10 0.70 1.00 Finance Finance Director 0.25 0.10 0.35 0.08 0.27 0.26 0.04 0.65 1.00 Finance Financial Manager 0.15 0.10 0.25 0.05 0.30 0.30 0.75 1.00 Finance Office Assistant 0.10 0.10 0.40 0.30 0.20 0.90 1.00 Public Works Administrative Assistant 0.15 0.15 0.45 0.40 0.85 1.00 Public Works Crew Leader 0.05 0.20 0.25 0.38 0.38 0.75 1.00 Public Works Maintenance Technician 0.15 0.15 0.43 0.42 0.85 1.00 Public Works Maintenance Technician 0.50 0.50 0.45 0.05 0.50 1.00 Public Works Mechanic Il 0.20 0.20 0.40 0.30 0.30 0.60 1.00 Public Works Operations Manager 0.10 0.20 0.30 0.40 0.25 0.05 0.70 1.00 Public Works Public Works Director 0.30 0.30 0.35 0.25 0.10 0.70 1.00 Skilled Maintenance Worker/Maint I (Flexibly
1 Public Works Allocated) 0.35 0.35 0.40 0.20 0.05 0.65 1.00 Skilled Maintenance Worker/Maint I (Flexibly
1 Public Works Allocated) 0.10 0.10 0.75 0.15 0.90 1.00 Skilled Maintenance Worker/Maint I (Flexibly
Public Works Allocated) 0.10 0.10 0.75 0.15 0.90 1.00
Recreation Recreation Coordinator 0.95 0.95 0.05 0.05 1.00 20 PD Police Positions 19.00 1.00 1.00 20.00

40.00 TOTAL: 1.10 24.93 0.77 2.00 6.98 4.56 0.77 15.07 40.00 Funding Allocation % 48.3% 0.5% 62.3% 17.4% 11.4% 1.9% 37.7% 100.0% Police Personnel
Chief
Lieutenant Note on Police Officer Allocation
Sargeant *1 FTE offset w/Measure P Fund)
Detective *Police Officer Positions can be flexibly allocated Police Officer/Police Officer Trainee - ~ with the Police Officer Trainee School Resource Officer
Records Clerk
Sr. Clerk Dispatcher
20 Updated 11.20.2023 City Council
City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023
For action by:

Agenda Item Number: 11 X City Council
Wording for Agenda: Consideration of new agreement with the City Regular Session:
of Visalia to provide Animal Control and Shelter Services for the City Consent Calendar
of Exeter at an annual cost of $216,900, authorize the City X Regular Item Administrator to execute the agreement subject to minor clarifying • Public Hearing changes acceptable to the City Attorney and appropriate funding - from the General Fund and/or Measure P Fund for the cost.

Review:

Submitting Department: Administration City Administrator Contact Name: Adam Ennis, City Administrator (Initials Required) Phone Number: (559) 592-4539
Email: [email protected]
Department Recommendation:

Consideration of new agreement with the City of Visalia to provide Animal Control and Shelter Services for the City of Exeter at an annual cost of $216,900, authorize the City Administrator to execute an agreement and appropriate funding from the General Fund and/or Measure P Fund for the cost.

Summary/Background:

In September of 2018, the City Council approved contracting with the City of Visalia for the provision of animal control and sheltering services. The City of Farmersville also participated in contracting with the City of Visalia, which allowed sharing of the Animal Control Officer (ACO) between the two cities, helping to keep costs down. Over the last year the City of Visalia has been evaluating their animal control operations and have determined that based on the previous contract amount that Visalia has been subsidizing the animal control costs for the City of Exeter and Farmersville and cannot continue to do that. So, in late August the City of Visalia gave notice that they would need to end the current contract in late November, providing the required 90-day notice. However, it took them some time to provide what the revised costs would be for the services, which was received in early October. City staff from both Farmersville and Exeter had questions regarding the services and costs so a meeting with the City of Visalia occurred in late October. Like many expenses as of late, this contract change represents a large increase in costs, from $75,800 to $216,900 annually. Animal control has become an increasingly expensive operation to adequately maintain, primarily due to staffing and required sheltering requirements. The City of Dinuba was at a cost of about $155,000 and has indicated that their costs have increased another 120% in the last year. Below is a breakdown of the cost proposal, which would be a contract annually renewable for up to 5 years.

Exeter
Cost Per Animal $315
Animal Control 82,600
Animal Sheltering 94,500
Animal Processing/License Billing 39,800
Contract Total 216,900
Contract w/o Billing 207,000
Contract Up To 300 Animals
Additonal Charges as Needed
Protective Custody/Quarantine/Vicious Hold $50 Per day after 30 days while on hold After Hours Calls $200 per call out
When these updated costs were provided, staff began exploring potential options and their associated costs. Throughout the County the smaller agencies do not provide their own shelters due to the difficulty and expense of meeting requirements for a relatively small number of animals. Therefore, shelters are primarily developed in the larger agencies where an economy of scale can make the operation more affordable. Currently the Cities of Dinuba, Farmersville and Exeter contract with the City of Visalia and the Cities of Woodlake and Lindsay contract with the City of Porterville for sheltering services. In contacting the larger agencies regarding sheltering services, the Cities of Tulare and Porterville are currently over capacity.

Porterville is finishing up a new animal control facility in the next few months that may have capacity for additional animals in the future and Tulare is planning for some expansion but is at least a few months out also. Porterville also indicated that they will still have to work on increasing staffing for the new facility. The County has not responded to calls by the City of Farmersville in regard to any interest in providing animal sheltering. The potential costs at any of these facilities after their expansions is unknown at this time and switching to one of these providers would take some time. So, currently the only shelter able to take on Exeter's sheltering needs is the City of Visalia.

The ACO position is addressed differently in each of the cities. The large cities provide their own as part of their animal control operation. In the smaller cities the ACO position varies.

Exeter and Farmersville have contracted with Visalia as a part of the overall services.

Woodlake has inserted it into duties of their public works department but appears to be minimizing the amount of time spent on animal control by doing a sweep through the city every two weeks or as needed. It appears that by reducing the time spent they have absorbed the cost into the General Fund Park Services costs. Lindsay has combined the ACO with their Community Services Officer position but indicates that they still have quite a few stray animals.

So, with a reduction in time spent on animal control some other combinations have been used.

As seen with other types of services, providing ACO services in-house can also be more expensive than expected. For example, the below represents some basic minimum costs not counting backup during leaves and recruitments, training, participation in hearings, outreach etc.:

1. Personnel
1/2 Animal Control X $87,000 per year = $43,500 annually

2. Vehicles
Initial and replacement cost = ($60,000)/10 years = $6,000 annually Maintenance and insurance = $2,500 annually
Fuel = 25 Gal/Week X $5/Gal X 52 weeks/year = $6,500 annually

3. Equipment
Initial/replacement and maintenance cost = $20,000/5 years = $4,000 annually

4. Supplies
Annual cost = $2,000 annually

5. Administration
Annual cost = $5,000 annually

6. Total cost = $69,500 annually
Currently, the City of Exeter public works staff is stretched thin, and it would be very difficult to take half of a staff member's time away from public works to cover this responsibility. In addition, Exeter wished to step up code enforcement when Measure P was passed and the City's current Community Services Officer position that covers code enforcement would have to reduce time spent on code enforcement and other police department duties to take this duty on.

Without hiring an additional person, it would be difficult to absorb the ACO duties into the current staffing without significantly reducing duties and services in other areas.

The proposal from Visalia is based on the cities of Exeter and Farmersville entering into an agreement at the same time. Farmersville's City Council will consider the contract on November 13. There are many services that are typically provided under the animal control umbrella that should be considered. Below is a summary of the services that would be included with the Visalia contract.

Services City of Visalia
Housing - up to 300 Animals YES
Veterinarian Care YES
Disposal of Dead Animals YES
After hours call outs YES
Vicious Dog Hearings YES
License Billing and Outreach YES
Administrative YES
Fines/Hearings
Regular Patrol YES
Community Outreach YES
After Hours Accessibility YES
Contingent on Farmersville YES
Spay/Neuter, Microchip Provided, paid by animal
owner
Experience: The City of Visalia provides full animal control and shelter services at a newer humane facility that has been designed to provide enough capacity for other agencies such as Exeter and Farmersville. Room for shelter of animals is not a concern. Currently, Visalia provides billing and shelter services (including veterinary care for sick/injured animals) with no significant issues. Visalia is positioned well to handle animal control and shelter services for the cities of Exeter and Farmersville due to their close proximity to Visalia and Visalia's ability to have multiple Animal Control Officers which enable them to provide adequate patrol and on call services.

Response times: Visalia has indicated that response times during normal hours would be within 30 minutes and after hour calls would be within 1 hour (such as calls from Exeter PD for assistance). Visalia would provide a regular patrol to keep proactive on enforcement of stray animals. There would be the same officer for regular servicing of the City of Exeter as well as the City of Farmersville on a daily basis. If there were vacations, sick or other days off there would be other employees available to fill in and provide service to Exeter. In addition, the City of Farmersville is looking into being able to provide office space for the ACO during the regular workdays.

Fees: Exeter's current license fees of $10 for altered dogs and $25 for unaltered dogs per year would remain in effect. Visalia would direct bill on behalf of the City of Exeter on an annual basis and collect license fees and forward to Exeter upon collection. Bills would have the City of Exeter name on them and have a mailing address located at the Visalia Animal Shelter. Animals would need to be licensed before being returned to owners. The City of Visalia would charge fees for shelter services at their currently established rates.

Current Relationships: The City of Farmersville City Council is also considering the same proposal from Visalia, with Farmersville staff recommending Visalia's proposal also. An update can be provided to City Council at today's meeting. The City of Farmersville has a history with the City of Exeter partnering in Animal Control Services due to their close proximity. Visalia's proposal was based on both agencies coming to agreement which helps to reduce costs and provide more efficient services for both agencies.

Next Steps: Should an agreement be authorized there will need to be an update to the City's Ordinance to align animal control services more with City of Visalia procedures. Staff (including the City Attorney) will bring an update to City Council in the near future for approval. Staff believes that the City of Visalia's proposal provides a comprehensive proposal for the City of Exeter. Although at a much higher rate than the previous contract, the costs appear justifiable for the services at today's costs. Staff recommends that Council authorize moving forward with executing an agreement for Animal Control and Shelter Services as soon as possible. City staff will continue to look for the most cost-effective options for animal control services as they come available in the future.

Fiscal Impact: By entering into contract with Visalia, Exeter will have approximately $217,000 in ongoing annual costs for Animal Control and Shelter Services. There will also be additional costs for emergency calls from public safety in which an ACO is needed. Emergency calls are not anticipated to be significant but there will be a need that is projected to be up to $3,000 more a year.

Dog licensing fees will remain the same ($10 altered, $25 unaltered per year) but Visalia's approach to billing and verification of licenses should lead to increased licensing to be in compliance with City Ordinance and increased revenues. Future increases in licensing fees could be considered by the Council at the time of annual review of the Rate and Fee Schedule or at any other time of year. Staff believes there are potentially many residents unaware of the need to license their dogs and outreach efforts by Exeter and Visalia Animal Services will increase awareness for compliance and increase the health and safety of residents.

Staff recommends that the Council consider either appropriating the necessary funding for the contract from the General Fund, Measure P Funds, or splitting the cost between the two funds.

Prior Council/Board Actions: Previous contract approval with Visalia for Animal Control Services on September 11, 2018.

Attachments: None
Recommended motion to be made by Council/Board: 1 move to authorize the City Administrator to execute an agreement with the City of Visalia to provide Animal Control and Shelter Services for the City of Exeter at an annual cost of $216,900 and appropriate the funding as discussed.

City of Exeter
Agenda Item Transmittal
Meeting Date: November 14, 2023
For action by:

Agenda Item Number: 12 X City Council
Wording for Agenda: Consideration/input concerning formation of Regular Session:
ad hoc and standing committees related to Landscape and Lighting Maintenance Districts _ Consent Calendar
X Regular Item
Submitting Department: Administration Public Hearing
Contact Name: Adam Ennis, City Administrator and Julia Lew, Review:

City Attorney
Phone Number: (559) 592-4539 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:

Provide input concerning the draft resolutions and formation of council member district ad hoc committees and a standing committee, related to the Landscape and Lighting Maintenance Districts.

Summary/Background:

At the City Council meeting of September 26, 2023, the Council authorized the formation and development of Landscape and Lighting Maintenance District temporary advisory ad hoc committees per Council districts, and the formation of a Landscape and Lighting District Oversight standing committee.

STANDING COMMITTEE
The City Council authorized the development of a standing committee ("LLOC") that meets 1-2 times per year, for the purposes of reviewing the annual draft engineer's report and providing recommendations in regard to any other operational or fiscal concerns. The City Council directed that this committee be designed to have widespread representation from the various districts. Attached is a sample draft resolution requiring further input from the City Council. This office requests that the City Council review the draft resolution and provide further input concerning the makeup of the committee and the purpose and scope.

AD HOC COMMITTEES
The City Council also authorized the creation of ad hoc committees ("LLADS"), by Council District. Effectively, each City Council member with L&L Districts becomes their own committee.

Much like the Public Safety Task Force, each LLAD can have community advisors (currently designated a maximum of 3 for illustration purposes, but this should be set at Council's discretion). These temporary committees are very informal, not subject to the Brown Act, and are currently designed to have minimal impact on staff. This office requests that the City Council review the draft resolution and provide further input.

Once input on both attached draft resolutions is received, the Resolutions can be finalized and placed on the next meeting's consent calendar for adoption.

Fiscal Impact: To be determined based on time and resources needed to provide support to the committees.

Prior Council/Board Actions: None.

Attachments: Draft Resolutions
Recommended motion to be made by Council/Board: Provide direction concerning the makeup and scope of responsibilities for each type of committee, as the City Council deems appropriate.

RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER

ESTABLISHING THE (STANDING) LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICT OVERSIGHT COMMITTEE
WHEREAS, the City Council of the City of Exeter desires to establish a standing committee to provide oversight and recommendations to the City Council related to the needs of the City's Landscape and Lighting Maintenance Districts (L&Ls) and their status and operation; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Exeter, as follows:

SECTION 1. Creation of Standing Committee. The City Council hereby establishes the Landscape and Lighting Maintenance District Oversight Committee (hereinafter referred to as "LLOC"'). LLOC shall be a standing committee of the City Council.

SECTION 2. Committee Composition. LLOC shall have a total of members, comprised of Council Members and members of the public who reside within L&Ls. No specific L&L shall have more than one property owner appointed to LLOC. All committee members shall be appointed by the City Council, and the Council may take into consideration appointment recommendations from any LLAD while a LLAD is in existence. Members shall abide by all applicable conflicts of interest laws when undertaking their responsibilities.

SECTION 3. [Reserved.]
SECTION 4. Purpose and Scope. LLOC shall review, on an annual basis, the draft engineers report supporting the annual L&L assessments for any issues and/or areas of concern.

LLOC is authorized to report to the City administrative staff on its issues and findings and shall report any unresolved issues to the City Council, along with its recommendations related to how the issues may be addressed. Additionally, LLOC shall review and report back on any L&L issues expressly referred to it by the City Council, including but not limited to the financial sustainability of particular Districts.

SECTION 5. Meetings. LLOC shall meet at mutually agreeable times and places, but no more than _times per year, with at least one meeting upon the availability of the draft L&L annual engineer's report and prior to consideration of the report by the City Council. Asa standing committee, said meetings shall be required to be noticed and subject to the attendance of the public pursuant to the Brown Act.

SECTION 6. City staff meeting attendance and support, as determined by the City Administrator, shall be required, in order to maintain compliance with the record-keeping requirements of the Brown Act.

SECTION 7. Effective Date. This Resolution shall be effective immediately upon adoption.

Draft Resolution 2023-xx
Standing L&L Oversight Committee

SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.

Passed, approved, and adopted this 14' day of November 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor ATTEST:

Deputy City Clerk

RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER

ESTABLISHING THE AD HOC LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICT COMMITTEES
WHEREAS, the City Council of the City of Exeter desires to establish temporary ad hoc committees to provide recommendations to the City Council related to the needs of each Council District's Landscape and Lighting Maintenance Districts (L&Ls); NOW THEREFORE BE IT RESOLVED by the City Council of the City of Exeter, as follows:

SECTION 1. Creation of Ad Hoc Committees. The City Council hereby establishes the Ad Hoc Landscape and Lighting Maintenance District Committees (hereinafter referred to as "LLADs"). The LLADs shall be ad hoc committees of the City Council, with each committee consisting solely of no more than 1 member of the City Council. Each City Council member shall comprise the LLAD of their own Council District.

SECTION 2. Community Advisors. Each LLAD may have no more than three Community Advisors, appointed by the LLAD Council Member, to provide input for the respective LLAD. The Community Advisors shall be available to attend ad hoc committee meetings as needed.

SECTION 3. Limited Time Period. As an ad hoc committee, each LLAD shall exist for a period of 1 year (unless extended by the City Council).

SECTION 4. Purpose. Each LLAD shall review any issues of concern raised by property owners living within the L&Ls in their Council District and shall report to the City Council of any findings, concerns and recommendations related to how the issues of concern may be addressed. Each LLAD may make recommendations to the City Council related to those issues and the pursuit of opportunities and programs to improve the maintenance of the L&L's within each LLAD.

SECTION 5. Meetings. Each LLAD may meet at mutually agreeable times and places, as determined by each LLAD. As an ad hoc committee, said meetings shall not be required to be noticed or subject to the attendance of the public pursuant to the Brown Act, but community members may be invited from time to time at the discretion of each LLAD.

SECTION 6. City staff may attend meetings at the request of an LLAD, subject to availability and shall provide administrative support.

SECTION 7. Effective Date. This Resolution shall be effective immediately upon adoption.

Draft Resolution 2023-x%
Ad Hoc L&L Committee

SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.

Passed, approved, and adopted this 14th day of November 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor ATTEST:

Deputy City Clerk