EXETER CITY COUNCIL ACTION MINUTES
November 14, 2023
A closed session of the City Council, City of Exeter was held on Tuesday, November 14, 2023, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Justin Mills, Barbara Sally, Jacob Johnson, and Vicki Riddle.
COUNCIL ABSENT: None
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 6:32 p.m.
54957 Public Employment Classification: City Clerk
54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Group: Unrepresented City Clerk
A regular session of the City Council, City of Exeter was held on Tuesday, November 14, 2023, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Justin Mills, Barbara Sally, Jacob Johnson, and Vicki Riddle.
COUNCIL ABSENT: None
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 7:00 p.m. City Attorney Julia Lew reported on a motion made by Mayor Pro Tem Mills, seconded by Council Member Sally, and unanimously carried to appoint Adam Ennis as Acting City Clerk, effective November 18, 2023, until filled.
E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Johnson and an invocation was given by Pastor Steve Gipsen.
F.SPECIAL PRESENTATIONS:
a. Resolution of Commendation - City Administrator introduced the item and Mayor Alves presented Shonna Oneal with a Resolution of Commendation.
G. PUBLIC COMMENTS:
Jeff Wilson addressed the council to express his support for the Park's portable restrooms and expressed opposition of approval for the PD restroom trailer and expressed concerns regarding various requests.
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 2, November 14, 2023
H. CONSENT CALENDAR:
It was moved by Council Member Sally, seconded by Council Member Riddle, and unanimously carried that the items on the Consent Calendar be approved as presented.
1. Approve regular minutes of October 10, 2023 & special minutes of November 2, 2023
2. Payment of Bills
3. Payroll October 13, 2023 & October 27, 2023
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Adopt Resolution 2023-28 amending the City's 2023/24 salary schedule and personnel allocation.
I. INDIVIDUAL BUSINESS ITEMS:
1. 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 the agreement subject to minor clarifying changes acceptable to the City Attorney and appropriate funding from the General Fund and/or Measure P Fund for the cost. City Administrator Adam Ennis provided a PowerPoint presentation for Council's review and consideration.
Council posed questions and Mr. Ennis, and City Attorney Julia Lew provided responses thereto.
Following discussion, it was moved by Mayor Alves, seconded by Council Member Johnson, to authorize Mr. Ennis to negotiate and bring this item back to council for final approval.
2. Consideration/input concerning formation of ad hoc and standing committees related to Landscape and Lighting Maintenance Districts. City Attorney Julia Lew provided a report for council's review and consideration. Council posed questions Ms. Lew provided responses thereto.
Troy Staib addressed the council regarding concerns with the LLMD standing committee. Jeff Wilson addressed the council in opposition to City's forming a LLMD standing committee. Mr. Wilson expressed his opposition to the City entering into a new agreement with the City of Visalia to provide Animal Control and Shelter Services. Mr. Staib expressed concerns regarding the Animal Control and Shelter Services' new agreement. Following discussion, council provided direction for Ms. Lew to return to council with the formation of the LLMD standing committee as a consent item.
J. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest. Council Member Riddle requested that a Radar Speed Sign item be agendized for a future meeting. It was the consensus of the Council to add the item requested.
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 3, November 14, 2023
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis, Public Works Director Daymon Qualls, Police Chief John Hall, and Finance Director Eekhong Franco provided a brief update on City and department related items.
L. ADJOURN REGULAR MEETING
Mayor Alves adjourned the regular meeting at 9:40 p.m.
Christina Arias, Deputy City Clerk
EXETER CITY COUNCIL ACTION MINUTES
SEPTEMBER 8, 2023
A special meeting of the City Council, City of Exeter was held on Friday, September 8, 2023, at 5:15 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Jacob Johnson, Vickie Riddle, Barbara Sally COUNCIL ABSENT: Justin Mills
STAFF PRESENT: Adam Ennis, Julia Lew, Christina Arias, Dan Espinola, and Spencer Supinger
1. Call to Order Special Meeting
Mayor Alves called the special meeting to order at 5:15 p.m.
2. Public Comments - There were no public comments presented.
Discussion of solutions to the issues of the Lighting and Landscape Districts in the City of Exeter.
Mayor Alves introduced the item and opened the floor to public comment.
Jeff Willson addressed the Council to express concerns with various issues regarding the LLMAD and posed questions for council and staff.
Junior Villalpando addressed the Council to express concerns with the LLMAD.
Tommy Blackmon addressed the Council to express concerns with various issues regarding the LLMAD and posed questions for council and staff.
Sherri Wilson addressed the Council to express concerns with the LLMAD.
Tricia Blattler addressed the Council to express concerns with the LILMAD and posed questions for council and staff.
Ron Carter addressed the Council to express concerns with the LLMAD.
Council provided direction for staff to research 1) staffing cost 2.) debt elimination 3.) dissolution of landscape and lighting districts and 4.) ad hoc committee options to address Citizen's requests. Council Member Johnson requested these items be agenized for the September 26 council meeting. It was the consensus of the Council to add the items requested.
4. Adjournment of Special Meeting
The special meeting was adjourned at 8:17 p.m.
Christina Arias Deputy City Clerk
EXETER CITY COUNCIL ACTION MINUTES
DECEMBER 4, 2023
A special meeting of the City Council, City of Exeter was held on Monday, December 4, 2023, at 5:15 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Jacob Johnson, Vickie Riddle, Barbara Sally, Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, John Hall, Eekhong Franco, and Christina Arias
1. Call to Order Special Meeting
Mayor Alves called the special meeting to order at 5:15 p.m.
2. Public Comment Regarding Special Meeting
There were no public comments presented.
3. Workshop Introduction
City Administrator Adam Ennis provided an overview and expectations for the workshop.
4. Introduction of Facilitator
City Administrator Adam Ennis introduced Dr. Jacqueline L. Ryle of Empowerment Strategies and noted Dr. Ryle had a career of over 34 years of public service with the cities of Modesto and Fresno.
5. Council Introductions
Council provided brief introductions and Dr. Jacqueline L. Ryle discussed priorities of the Management workshop. Mr. Ennis provided a PowerPoint presentation highlighting the priorities of the previous Management workshop.
6. Facilitator Overview of Management Group Session
Dr. Jacqueline L. Ryle reviewed the priorities with Council and led them into discussion regarding all priorities. Council discussed the priorities and provided feedback regarding values of the City.
7. Priorities from Management Group Session
City Administrator Adam Ennis led a discussion with the Council regarding the priorities and challenges regarding various issues. Council posed questions and staff provided responses thereto.
8. Council Strategic Planning Session
Dr. Jacqueline L. Ryle posed questions for Council and Council provided responses thereto. Council discussed ways for the City to increase revenue and discussed ideas for the City to attract potential businesses and discussed a potential special sales tax to be placed in a future ballot. Council addressed staff to express their appreciation for their hard work.
9. Adjourn Special Meeting
Mayor Alves adjourned the Special Meeting at 8:00 p.m.
Christina Arias Deputy City Clerk
AVENU FINANCIAL SYSTEM CITY OF EXETER
11/22/2023 16:25:23 Payments for Publication GL335R-V08.19 PAGE Approved on 11/14/2023 for Payments Through 11/14/2023
Vendor Name Description Amount
EMD NETWORKING SERVICES, INC. NOV MONTHLY BILLING 2,771.60 ** Final Totals... 2,771.60
AVENU FINANCIAL SYSTEM CITY OF EXETER
11/22/2023 11:23:45 Payments for Publication GL335R-V08.19 PAGE Approved on 11/16/2023 for Payments Through 11/16/2023
Vendor Name Description Amount
LABOR: PRESSURE WASHER L
ALAN CREATE TOLARE
LIVESCAN 10/1-10/31/23
AWARDS & SIGNS UNLIMITED INC.
OCT DOBSON CONCESSION
FURNITURE FOR ELIS OFFIC
CALIFORNIA BUSINESS MACHINES PD SERV CONT 11/09-12/08
CENTRAL CAL WATERWORKS, INC
SEPT 2023 ANIMAL SERV
OCT 2023 CITY PLANNING
DEPT OF JUSTICE
DOOLEY ENTERPRISES,
ELITE CORPORATE MEDICAL SERV
EMD NETWORKING SERVICES,
EMPLOYER DRIVEN SOLUTIONS
EMPLOYMENT DEVELOPMENT DEPT
EWING IRRIGATION PRODUCTS INC HUNTER PRO-C 3STA EXP
EXETER IRRIGATION & SUPPLY 2" SCH40 PVC COUPLING SL
KAWEAH PUMP, CONTACTOR OIL
MCCORMICK KABOT JENNER & LEW
MOORE IWINING ASSOCIATES, INC MANGANESE TOTAL EPA 200.
TYPR K SOFT COPPER PIPE
ENROLLMENT/ MATERIAL FEE
ROBERT HALF INTERNATIONAL INC.
OCT REGEN AIR AND STREET
SIMMONS TURE SERVICE 245/55R18 103V GDYR CR13
SOUTHERN CALIFORNIA EDISON 3948-8/23-9/21/23
PW-9/21-10/20/2023
RANSUNION RISK & ALTERNATIV
TU CO TREASURER-TAX COLLECTOR
AVENU FINANCIAL SYSTEM CITY OF EXETER
11/22/2023 11:23:45 Payments for Publication GL335R-V08.19 PAGE Approved on 11/16/2023 for Payments Through 11/16/2023
Vendor Name Description Amount
JLARE COUNT JAIL BADGE STICKERS 382.46
NIVAR SOLUTION USA INC SOD HYPO 12.5% 1, 730.79
US BANK N.A. OCT 2023 CUSTODY
USA BLUEBOOK MARK TIME ELAPSED
VALLEY EXPETEC 1,240.76
VALLEY GREEN LANDSCAPE OCT CITY PARK 10,950.00
VOLLMER EXCAVATION, b.P. SLUDGE HAUL 1,510.54
WIRELESS INTERNET SERVICE, INC. DEC WIRELESS INTERNET 200.00 ** Final Totals... 248,387.29
AVENU FINANCIAL SYSTEM CITY OF EXETER
11/22/2023 16:25:45 Payments for Publication GL335R-V08.19 PAGE Approved on 11/17/2023 for Payments Through 11/17/2023
Vendor Name Description Amount
MICHL O SERVIN OCT 2023 FUEL 64.1
PROTECH MECHANICAL CONTRACTORS SEPT 2023 FUEL 80.6
** Final Totals... 644.80
AVENU FINANCIAL SYSTEM CITY OF EXETER
12/01/2023 15:06:25 Payments for Publication GL335R-V08.19 PAGE Approved on 11/30/2023 for Payments Through 11/30/2023
Vendor Name Description Amount
ALDRIDGE/ GARY CLASS A DMV REIMB
ALLSTEEL INC. ELI'S OFFICE-
AT&T MOBILITY PW - 18/03-14/0272028 9138
BLUE SHIELD OF CALIFORNIA 12/01-12/31/2023
C.L.E.A. DEC 2023 LT DISABILITY
CHADS AUTO GLASS WINDOW / FORD EXPL 2014
REPUBLICATION-W/ ZONING
SGNUS & LGHT JUL-SEPT 23 1,379.85
331 CHESTNUT WATER LEAK
FRONTIER CALIFORNIA INC.
INTERSTATE BATTERIES, DBA
LIEBERT CASSIDY WHITMORE OCT SPECIAL SERV - LABOR
MID VALLEY DISPOSAL, LLC
MOONLIGHT MAINTENANCE NOV PD OFFICE 2,538.92
MOORE TWINING ASSOCIATES, INC
PRINCIPAL LIFE INSURANCE CO. 4,847.47
PRUDENTIAL OVERALL SUPPLY
CLASS A DMV REIMB
-11/15-12/12/:
SOUTHERN CALIFORNIA EDISON 143-09/08-10/08/2023 53,316.76 SOUTHERN CALIFORNIA GAS CO. 0891-10/25-11/27/23
TERMINIX INTERNATIONAL COMPANY 11/01-11/30/23 LIQ DEF S
TOWN & COUNTRY CAR WASH
TU CO ENVIRONMENTAL HEALTH
TULARE COUNTY SOLID WASTE DEPT
VOLLMER EXCAVATION, L.P.
** Final Totals... 154, 441.37
S BI - WEEKL) RUN -11/08/2023 14.12.41 PAGE
ARE FOR HE REGISTER PR311R-V14.20 Paymate
RIOD 1 DATING 10/23/2023-11/05/2023 CHECK DATE 11/10/20:
RECT DEPOSIT I TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
1432 163.49 COLEMAN/ DEWAYNESEMENT UN ? 1 VENDOR CHECK
1433 COLEMAN/DEWAYNE
1434 HOWELL/MATTHEW
1435 100.20 HUGHES/CADON
1436 720
1437 HUTCHESON/LUKE MAMMAMA
1438 MCFALL/BLAINE
1439
1440 TAYLOR/ANDREW
TO A CHEN FORM: CHEK COUNTS
1,301.40 *EMPLOYEE CHECKS
63.69 *VENDOR CHECKS
0 MOO
0.00 *BANK CHECKS
1,365.09 *TOTAL NEGOTIABLE CHECK
OTHER CHECKS
000 *MANUAL CHECKS
*CANCELLED CHECKS
1,365.09 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS DIRECT DEPOSIT STUBS • 0
*VENDOR DIR DEP STUBS
3 BI - WEEKL RUN-11/08/2023 14.12.41 PAGE
PR311R-V14.20
ERIOD 1 DATING 10/23/2023-11/05/2023 CHECK DATE 11/10/202
IRECT DEPOSIT IS TURNED O
CHECK CHECK CHECK
NUMBER CODE SEQ
51887 195.00 CLOCEA • VENDOR STUB ONL
51888 600.00 EXETER POLICE OFFICER AS 3 . VENDO! STUB ONLY 51889 199.32 EXETER POLICE OFFICER AS ONLY
51890 2, 135.70 ARIAS/CHRISTINA 730
51891 ENNIS/ADAM 206
51892 2,910.31 ONEAL/SHONNA N 203
51893 1,169.70 CARTER/AMY JO 502
51894 1,416.57 CORREA/BIANCA 630
51895 2,701.34 FRANCO / EEKHONG 304
51896 2,475.52 HERNANDEZ/XOCHITL 306
51897 689. 91 MILLER/CATHEY RENE 734
51898 292.62 SANCHEZ/CESILIA 307
51899 1,600.31 SANTOYO/AIDE G 710
51900 1,716.51 PHILLIPS/ZACHARY 705
51901 1,460.56 CARRETERO/VANESSA 402
51902 2,738.81 DURKEE/MARK 404
51903 1,820.34 FELIX/ESTEVAN 704
51904 2,349.45 GIEFER/MICHAEL DAVID 438
51905 2,393.01 GRANT / AIMEE 738
51906 1,076.57 GRAY /DAIZY 717
51907 3,642.44 HALL/JOHN T 406
51908 3,891.29 HAYES/CURTIS W 437
51909 1,834.28 HIFNER/CHRISTOPHER 736
51910 2,772.33 INGLEHART/BRETT A 411
51911 1,738.05 LUJAN/ JOSHUA 715 BEECEEEEEEEEEEEEEEEEEE CEREE BESEECE CELER ESSEES ........... 51912 2,522.02 MARX / CHRIS 706
51913 1,535.82 ROCHA/CRISTINA 731
51914 1,890.19 SAKAGUCHI /CLAUDIA D 726
51915 1,603.66 SHIELDS/ ZION 708
51916 1,810.12 VILLARREAL/ISIDRO 707
51917 1,635.91 WINTER/JARED 735
51918 3,366.74 YARBER/ ISABEL 422
51919 1,626.20 ALDRIDGE /GARY 618
51920 1,457.71 ARROYO/MARIE 623
51921 1,812.39 ESPINOLA/DANIEL M 602
51922 119.16 GOLDSTROM/NORMAN 629
51923 1,652.86 HUGGINS /KYLE AARON 621
51924 2,850.36 QUALLS /DAYMON 607
51925 1,477.75 608
51926 1,331.26 733
51927 1,028.84 626
51928 1,477.31 GARVER/ELIJAH 712
MAMMAMAAMA
51929 1,353.97 MILLAN/MARCUS 622
51930 1,238.18 MILLER/JAMES 624
51931 174.07 MIRWALD/PHILIP 625
51932 1,261.44 QUIROZ/PATRICK P 512
51933 2,028.55 PRIDEAUX/TRACI 448
PAYROLL. CHECK FORM STUB CHECK REGISTER RUN -11/08/202: 14.12.41 PAGE Paymate R311R-V14.20
PERIOD 1 DATING 10/23/2023-11/05/2023 CHECK DATE 11/10/2023
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
TOTALS FOR CHECK FORM: STUB
NEGOTIABLE CHECKS COUNTS
0.00 *EMPLOYEE CHECKS
0.00 *VENDOR CHECKS
0.00 *BANK CHECK:
*TOTAL NEGOTIABLE CHECK
OTHER CHECKS
0.00 *MANUAL CHECKS
*CANCELLED CHECKS
0.00 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
82,876.06 *DIRECT DEPOSIT STUBS
994.32 *VENDOR DIR DEP STUBS
AYROLL HECK FORM. CHEK CHECK REGISTE UN-11/22/202 09.33.20 PAGE Paymate R311R-V14.2
ERIOD 2 DATING 11/06/2023-11/19/2023 CHECK DATE 11/24/202
IRECT DEPOSIT IS TURNED O
CHECK AMOUNT NAME EMPLOYEE/BANK/VENDOR CHECK
NUMBER CODE SEO
1442 64:42 COLEMAN/ BABIRSEMEN UN 328 1 VENDOR CHECK
COLEMAN/DEWAYNE
1443 HOWELL/MATTHEW
1444 HUGHES /CADON
1445 182.85 HUTCHESON/AVRIE
1446 HUTCHESON/LUKE
1447 MCFALL/BLAINE
1448
1449 64.42 TAYLOR/ANDREW
TOTALS FOR CHECK FORM: CHEK
NEGOTIABLE CHECKS COUNTS
583.44 *EMPLOYEE CHECKS
63.69 *VENDOR CHECKS
* BANK CHECKS
629:00 **TOTAL NEGOTIABLE CHECK
OTHER CHECKS
0.00 *MANUAL CHECKS • •
0.00 *CANCELLED CHECKS
647.13 **TOTAL FOR CHECK FORM
NON-NEGOTTABLE CHECKS DIRECT DEPOSIT STUBS
*VENDOR DIR DEP STUBS
HECK FORM SUS CHECK REGISTER RUN-11/22/2023 09.33.20 PAGE PR311R-V14.20 Paymate
DERICT BEST 0303-11/19/2023 CHECK DATE 11/24/2023 TURNED ON
CHECK AMOUNT ANOYEE/BANK/VENDOR CHECK
NUMBER CODE SEQ
51934 195.00 CLOCEA • VENDOR STUB ONL
51935 600.00 VENDOR STUB ONL
199.32 ONLY
2,140.9! ARIAS/CHRISTINA
1, 801.11 ENNIS/ADAM 206
MMAMNA
51939 2,910.31 ONEAL/SHONNA N 203
51940 15,103.90 ONEAL/ SHONNA N 203
51941 1,169.70 CARTER/AMY JO 502
51942 1,446.88 CORREA/BIANCA 630
51943 2,706.59 FRANCO/EEKHONG 304
51944 2,475.52 HERNANDEZ/XOCHITL 306
51945 418.62 SANCHEZ/CESILIA 307
51946 1,622.45 SANTOYO/AIDE| G 710
51947 1,716.51 PHILLIPS/ZACHARY 705
51948 1,465.81 CARRETERO/VANESSA 402
51949 2,738.81 DURKEE/MARK 404
51950 2, 000.55 FELIX/ESTEVAN 704
51951 3,440.64 GIEFER/MICHAEL DAVID 438
51952 2,393.01 GRANT / AIMEE 738
51953 1,127.79 GRAY /DAIZY 717
51954 3,647.69 HALL/JOHN T 406
51955 2,330.69 HAYES/CURTIS W 437
51956 1,921.70 HIFNER/CHRISTOPHER 736
51957 2,777.58 INGLEHART/BRETT A 411
51958 1,924.03 LUJAN/ JOSHUA 715
51959 2,932.88 MARX/CHRIS 706
51960 1,780.79 ROCHA/CRISTINA 731
51961 1,663.64 SAKAGUCHI /CLAUDIA D 726
51962 2,080.48 SHIELDS/ ZION 708
51963 2,068.17 VILLARREAL/ ISIDRO 707
51964 1,781.27 WINTER/JARED 735
51965 3,371.99 YARBER/ ISABEL 422
51966 1,604.96 ALDRIDGE /GARY 618
51967 1,457.71 ARROYO/MARIE 623
51968 1,812.39 ESPINOLA/DANIEL M 602
51969 62.00 GOLDSTROM/NORMAN 629
51970 1,652.86 HUGGINS /KYLE AARON 621
51971 3,062.28 QUALLS /DAYMON 607
51972 1,862.25 RAMIREZ/ JUAN 608
51973 1,195.69 RIVERA/RYAN 733
51974 762.10 WENDT / EDDIE 626
51975 1,477.31 GARVER /ELIJAH 712
51976 2,170.92 MILLAN /MARCUS 622 MAMMAAAAAA
51977 1,320.56 MILLER/JAMES 624
51978 64.32 MIRWALD/PHILIP 625
51979 QUIROZ/PATRICK P 512
51980 033.8 PRIDEAUX/TRACI 448
PAYROLL 09.33.20 PAGE
CHECK FORM STUB CHECK REGISTER RUN: 3112-V24:30
Paymate
PERIOD 2 DATING 11/06/2023-11/19/2023 CHECK DATE 11/24/202:
DIRECT DEPOSIT IS TURNED OI
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
TOTALS FOR CHECK FORM: STUB
NEGOTIABLE CHECKS COUNTS
0.00 *EMPLOYEE CHECKS
0.00 *VENDOR CHECKS
0000 *BANK CHECKS
**TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0.00 *MANUAL CHECKS 00
*CANCELLED CHECKS
0.00 **TOTAL FOR CHECK FORM
NON- NEGOTIABLE CHECKS
99,765.97 *DIRECT DEPOSIT STUBS
994.32 *VENDOR DIR DEP STUBS
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023 For action by:
X City Council
Agenda Item Number: H4
Wording for Agenda: Authorize a two-year extension of the Regular Session:
existing agreement with Galante Bros. Enterprises, Inc., of Visalia, X Consent Calendar CA, for ongoing asphalt patch paving. Regular Item
Public Hearing
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Directo Review:
Phone Number: (559) 592-3318
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation:
Staff recommends that Council authorize a two-year extension of the ab existing agreement with Galante Bros. Enterprises, Inc., of Visalia, CA, for ongoing asphalt patch paving.
Summary/Background:
The agreement between the City of Exeter and Galante Bros. Enterprises, Inc., which has expired, allows for an extension if mutually agreeable to both parties. Galante Bros. Enterprises, Inc. has communicated their desire to continue doing asphalt patch paving for the City of Exeter.
Accordingly, staff is recommending that the existing agreement be extended through September 14, 2025.
Fiscal Impact:
The Council approved CIP schedule for FY 23/24 have funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects. In addition to these programmed funding sources, a portion of LF and Measure P funds could potentially be used also.
Prior Council/Board Actions:
On June 22, 2021, the Council awarded and authorized the City Administrator to execute an agreement with Galante Bros. Enterprises, Inc., of Visalia, CA in an amount not to exceed $55,313.48, for construction of the 2021/2022 Annual Asphalt Patch Repair Project.
On September 13, 2022, the Council awarded and authorized the City Administrator to execute an amended agreement with Galante Bros. Enterprises, Inc., of Visalia, CA in an amount not to exceed $100,000, for construction of the 2022/2023 Annual Asphalt Patch Repair Project.
On July 11, 2023, the Council affirmed extra work and authorized additional payment in the amount of $13,543.03 to Galante Bros. Enterprises, Inc. of Visalia, CA, for additional work related to the 2022/2023 Annual Asphalt Patch Repair Project, and appropriate said amount into expenditure accounts for street maintenance.
Attachments: Galante Bros. Enterprises, Inc. contract
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to authorize a two-year extension of the existing agreement with Galante Bros. Enterprises, Inc., of Visalia, CA, for ongoing asphalt patch paving as presented
EXHIBIT "C"
ANNUAL CONTRACT FOR ASPHALT PATCH REPAIR
(City of Exeter Bid No. 21-113-01)
This Agreement, entered into and effective this 14th day of September, 2022 |"Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY" , and Galante Bros. Ent. Inc hereinafter referred to as the "CONTRACTOR" , "BIDDER", or "SUBRECIPIENT"
RECITALS
WHEREAS, CONTRACTOR is an Incorporated (insert individual or entity type) with a primary business address of 2321 E. Noble Ave, Visalia, CA and SSN or EIN: 770551320; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHME DESCRIPTION OF ATTACHMENT
NT NO.
Attachment General Contract Provision
1 Attachment City of Exeter Bid 21-113-01, Annual
2 Contract for Asphalt Patch Repair
Attachment CONTRACTOR's bid in response to Bid No.
3 21-113-01
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
SCOPE OF SERVICES/PROJECT
Background: The City of Exeter would like to establish a contract with a Contractor for on-call services as needed to provide asphalt patch repair work on City-owned or Right-of-Way properties, such as, but not limited to streets, alleys, roadways, parking lots and pads. The work includes digouts, patch repair of repaired utility trenches, thin skin patches and pothole patching. The bid forms are broken down by City Quadrants for ease of calculating bids. quadrants are representative of quantities of work to be performed in 2022, although actual quantities could differ depending on needs and available funding. The awarded Contractor shall be provided scope of work quantities within 14 calendar days using the contracted Unit Bid Price. Upon approval of the scope of work, the contractor shall complete the work within 30 calendar days from Authorization to Proceed from Project Manager. • ANNUAL ASPHALT PATCH REPAIR
Please see attachments:
D - 1 COE PW Standard
D - 2 Section 28 Hot Mix Asphalt Standard
D - 3 AC Patch Repairs - 2022 location list
D-4a NE Quadrant map,
D-4b NW Quadrant map,
D-4c SE Quadrant map,
D-4d SW Quadrant map,
Contractor's Responsibilities: Contractor shall provide all labor, tools, materials and supervision to complete work as estimated and 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, including approved traffic control plans, that may be required by project and scheduling for inspections prior to beginning any work.
On-Call Work consists of:
a. Demolition and removal of all asphalt and debris which should be properly disposed of at the contractor's expense.
b. Correct any condition contributing to damaging the asphalt (settled, raised, etc.). If damage is caused by a tree or other obstruction that the contractor cannot correct, the contractor shall work with City staff to correct the condition before replacing the asphalt.
c. Preparing the subgrade, laying and finishing the asphalt, with prior inspection in accordance with all applicable City of Exeter construction and building codes, Improvement Standards and Standard Specifications. (Exhibits included in this RFB) d. Protection of affected City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the work being performed, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties. e. Debris removal and cleanup to the City's satisfaction and standard typical mobile traffic control shall be used to protect the public and workers alike.
After work is satisfactorily completed, the contractor will invoice the City.
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 provide the following services for the stated compensation on or before the stated completion dates ("Scope of Services"):
All work described in Scope of Services in Bid No. 21-113-01.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is As requested by Contractor
completed and invoiced
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Compensation Not to Exceed: $100,000.
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work
6. INSURANCE:
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.
Commercial General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) 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. Contractor'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 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
Coverage shall state that Contractor's 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.
Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
Workers' Compensation and Employers' Liability
Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.
All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
e. Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for
Subcontractors shall be subject to all the requirements stated herein.
f. Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming
the City as an insured;
ii. Indicate whether coverage provided is on a claims
made or occurrence basis; and
iii. 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:
City Administration Office
100 N. C Street
EXETER, CA 93221
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 form(s). 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.
7. Indemnification:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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.
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.
8. AFFIRMATION:
Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
9. INTEGRATION/MODIFICATION:
The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of which are hereto attached, are hereby incorporated in and made part of this Agreement.
10. ARBITRATION:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11. ATTORNEY 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 reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.
12. FIREARMS PROHIBITED:
Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: By:_
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF EXETER
Dated: By:_
City Administrator
Dated: By:_
City Attorney
Dated:_ By:
City Risk Manager
Dated: By:_
City Manager Project Manager
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023 For action by:
X City Council
Agenda Item Number: H5
Wording for Agenda: Award and authorize the City Administrator Regular Session:
to execute an agreement with the lowest responsible bidder, Talley X Consent Calendar Oil, Inc., of Madera, CA in an amount of $68,410 for construction of Regular Item the FY 2024 Crack Sealing Project. Public Hearing
[Submitting Department: Public Works Review:
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:
Staff recommends that Council award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc., of Madera, CA in an amount of $68,410 for construction of the FY 2024 Crack Sealing Project.
Summary/Background:
On November 3, 2023, staff advertised a Request for Bids (RFB 24-001) for a crack sealing project and received six (6) construction bids on November 29, 2023:
Toasted Asphalt $165,000.00
Pavement Coatings $133,597.00
Graham Contractors $95,670.40
Carter Enterprise Group $82,880.00
Global Road Sealing $81,928.00
Talley Oil, Inc. $68,410.00
Talley Oil, Inc., of Madera, CA submitted the low bid in the amount of $68,410.00. Talley Oil, Inc's bid proposal for this project has been reviewed by staff and all required information submitted has been determined to be complete and responsive.
It should be noted that Talley Oil, Inc. is the contractor who completed this year's Reclamite Project, and the City was very pleased with their work.
Fiscal Impact:
The Council approved CIP schedule for FY 23/24 has funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects. In addition to these programmed funding sources, a portion of LTF and Measure P funds could potentially be used also.
Prior Council/Board Actions: None applicable to this specific project.
Attachments: Exeter Crack Sealing Project Maps 2024
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: 1 move to award and authorize City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc., of Madera, CA in an amount of $68,410 for construction of the FY 2024 Crack Sealing Project.
City of Exeter
2023-24 Crack Seal Projects
NW Area
QUINCE AVE
HAGINAH AVE ORANGE AVE QUINCE DR
BETSEY PL JESSE DR
ErEJAMIN CT
WOODS
WILLOW ST
JACOBS PL FRANCIS AVE
WILLOW ST
BEVERLY PL JOYCE PL
WALNUT ST
JANET DR
VISALIA RO
ALY NOSE
-ALM 3 1
FAIRMIY DE
PINE SE
N
EXETER
SABLE TOWN AMERICA
October, 2023
City of Exeter
2023-24 Crack Seal Projects
South Area
ALY N OF DAVIS SIB
DAVIS ST BLOSsOMI NDUSTRIA:
ALY IN OF NELSON STE
COSART CT
DE DRAM
VIELAGE ST- VILLAGE CT
STANLEY ST SELF CT
SHEFFIELD AVE
ALY N OF GLAZE AVE
GLAZE AVE
N
EXETER
October, 2023
City of Exeter
2023-24 Crack Seal Projects
NW Area
QUINCE AVE
HANAH AVE ORANGE AVE QUINCE DR
BETSEY PL JAMIN CT
JESSE DR
WO ODS
WILLOW ST
JACOBS PL FRANCIS AVE P
BEVERLY PL JOYCE PL
JANET DR
VISALIA RO
ALEN OF PALM STR
PALIA ST
FAIRWY DR
PINE ST
Cilyg N
EXETER
ACTING PEEIN
October, 2023
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H6 X City Council
Regular Session:
Wording for Agenda: Accept a Notice of Completion for the FY 23 X Consent Calendar Cape Seal Project, authorize the City Engineer to sign the Notice of Regular Item Completion, and authorize the City Clerk to file the notice with the - Public Hearing Tulare County Recorder's Office.
Review:
Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualis, Public Works Director (Initials Required Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:
Staff recommends that the Council accept a Notice of Completion for the FY 23 Cape Seal Project, authorize the City Engineer to sign the Notice of Completion, and authorize the City Clerk to file the notice with the Tulare County Recorder's Office.
Summary/Background:
At its regularly scheduled meeting of March 28, 2023, the Exeter City Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Pavement Coatings Co., of Sacramento, CA in an amount of $398,682.95 for construction of the 2023 Cape Seal and Micro Surfacing Project and authorized a 10% contingency amount ($39,863.) for potential extra work.
All work was completed by the Contractor per the specifications outlined in RFB 23-003. There were no change orders and the project was completed under budget. The final contract amount was $392,685.95. Now that the contractor has fulfilled their contractual obligation for the project, a Notice of Completion (Attached) needs to be recorded with the Tulare County Recorder's office.
Fiscal Impact:
The Council approved CIP schedule for FY 22/23 has funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects.
Prior Council/Board Actions: March 28, 2023 - Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Pavement Coatings Co., of Sacramento, CA in an amount of $398,682.95 for construction of the 2023 Cape Seal and Micro Surfacing Project and authorized a 10% contingency amount ($39,863.) for potential extra work.
Attachments: FY 23 Cape Seal Project Map
Notice of Completion - FY 23 Cape Seal Project
Recommended motion to be made by Council/Board: I move to accept a Notice of Completion for the FY 23 Cape Seal Project, authorize the City Engineer to sign the Notice of Completion, and authorize the City Clerk to file the notice with the Tulare County Recorder's City of Exeter
Cape Seal 2023
& OLD LINE CT OLD LINE DR
ACRES RO
E ATWOOD CT
CIR
QUINCE OR SEQUOIA AVE MONARCH SAUCIAOR E
BRADLEY CT WOODLAND AVE PLUM AVE
KING CT EMPEROR
PEACH OR
VINE ST BUENA VISTAE
BETSEY PL
WOODS PL WILLOW ST
WOODS AVE WALNUT ST
JACOBS PL WILLOW ST WILLOW ST
ALY E OF ORANGE AVE ALY E OF QUINCE DR ALYEOFCST ALYE OFB ST SAN JUAN AVE CRESPI AVE
WALNUT ST
JANET OR
VISALIA RO ROCKY HILL
PALM ST 15?
PALM ST QUINCE AVE
OF ORANGE MAPLE ST AYE OFC ST
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ALY NOF WESTWOO OR ALYEOFHST ALYEOFHST ALY E OF E ST ALY E OF HWY 65 CHANNING WY ALY E OF CHANNING WY LENOX AVE ALY E OF LENNOX AVE CRESPI AVE
WESTWOOD OR ALYE OF QUINCE DR
MAPLE STE FILBERT AVE 150 CHESTNUT ST 15O
VON ORANGE AVE ALVE OF ORANGE AVE , CEDAR ST
BEL ALYE OF IST WHITTIER ST
CHESTNUT ST * ISN
CHESTNUT ST O WHITTIER COURT
MYEOFHST ALY E OF F ST ALY E OFEST
CEDAR ST CEDAR ST BRYANT AVE FIRST ST
KATELYNCT QUINCE ST ALY E OF QUINCE DR AYE OF FILBERT AVE BRYANT CT
BELMONT RD FIREBAUGH AVE FIREBAUGH AVE FIREBAUGH AVE
FIREBAUGH AVE
FRANCIS AVE ALY E OF FRANCIS AVE WALDO ST ALY E OF WALDO ST ALBERT AVE ALY E OF ALBERT AVE
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PROSPECT SVE
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ALY N OF DAVIS ST
BLOSSOM ST INDUSTRIAL DR
DAVIS ST
ALY N OF NELSON ST
SHERWOOD ST NELSON ST COSART CT
OXFORD ST VILLAGE T
GLENN
PARK PLACE OR SELF C
SHEFFIELD AVE ALY N OF GLAZE AVE
GLAZE AVE
Cly N
EXETER
October 2022
RECORDING REQUESTED
AND RETURN TO:
City of Exeter
P.O. Box 237
Exeter, CA 93221
FREE RECORDING: Govt. Code 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the City of Exeter, California, a Municipal Corporation, whose address is 137 North "F" Street, Exeter, California, is the owner of the real property, public works or structure hereinafter described.
That on the 13th day of September. 2023
completed pursuant no a contact to or Sch Division Part Part Cha Cha pfe , Arie 4, on tea Pubie Cy traci Code ascribed was
3. That the name of the contractor who performed said work of improvement pursuant to such contract with the City of Exeter is Pavement Coatings Co., whose physical address is 10240 San Sevaine Way, Jurupa Valley, CA 91752, and whose nailing address is 10240 San Sevaine Way, Jurupa Valley, CA 91752
4. That the real property or public work or structure is described as follows:
EY 23 Cape Seal Project, Exeter City Limits, Exeter, CA 93221
5. That the Nature of the owner's interest or estate is: Public Improvements
6. That on December 12, 2023, at a regular meeting of the Council, the City Council of the City of Exeter authorized the filing of the Notice of Completion.
Dated: December 13, 2023 City of: Exeter
A Municipal Corporation
By:
Martin Querin, City Engineer
STATE OF CALIFORNIA)
)Ss
COUNTY OF TULARE )
The undersigned being duly sworn says: That he is the City Engineer of the City of Exeter, a Municipal Corporation, and gives notice for and on behalf of said Municipal Corporation, that he has read the foregoing notice and knows the contents thereof, and the same is true of his own knowledge.
By: _
Martin Querin, City Engineer
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.
STATE OF CALIFORNIA)
)ss
COUNTY OF TULARE )
Subscribed and sworn (or affirmed) to before me on this 13 day of December, 2023, by Martin Querin, who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal.
Notary Public in and for the County of Tulare, State of California Commission Expiration Date
Attached to Notice of Completion for Exeter Municipal Project:
FY 23 Cape Seal Project, Exeter, CA 93221
(Insert name of project on line above)
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H7] X City Council
Regular Session:
Wording for Agenda: Accept a Notice of Completion for the FY 23 X Consent Calendar Reclamite Project, authorize the City Engineer to sign the Notice of - Regular Item Completion, and authorize the City Clerk to file the notice with the _ Public Hearing Tulare County Recorder's Office.
Review:
Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director (Initials Required) Phone Number: 559.592.3318
Email: [email protected] aBE
Department Recommendation:
Staff recommends that the Council accept a Notice of Completion for the FY 23 Reclamite Project, authorize the City Engineer to sign the Notice of Completion, and authorize the City Clerk to file the notice with the Tulare County Recorder's Office.
Summary/Background
At its regularly scheduled meeting of March 28, 2023, the Exeter City Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc., of Madera, CA in an amount of $96,364.80 for construction of the 2023 Reclamite Project and authorized a 10% contingency amount ($9,636.) for potential extra work.
All work was completed by the Contractor per the specifications outlined in RFB 23-004. There were no change orders, and the project was completed under budget. The final contract amount was $94,395.31. Now that the contractor has fulfilled their contractual obligation for the project, a Notice of Completion (Attached) needs to be recorded with the Tulare County Recorder's office.
Fiscal Impact:
The Council approved CIP schedule for FY 22/23 has funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects.
Prior Council/Board Actions: March 28, 2023 - Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc., of Madera, CA in an amount of $96,364.80 for construction of the 2023 Reclamite Project and authorized a 10% contingency amount ($9,636.) for potential extra work.
Attachments: FY 23 Reclamite Project Map
Notice of Completion - FY 23 Reclamite Project
Recommended motion to be made by Council/Board: 1 move to accept a Notice of Completion for the FY 23 Reclamite Project, authorize the City Engineer to sign the Notice of Completion, and authorize the City Clerk to file the notice with the Tulare County Recorder's Office.
City of Exeter
Reclamite 2023
RICHMOND CT DANAE CT GLENN VIEW CT KATHLEEN CT I MEADON AVE FISHER ST F ST CAMBRIDGE ST
HANNAH AVE QUINCE DR MONARCH CIR
JOY CT SEQUOIA AVE
VISTA CT
WOODLANDAVE PLUM AVE
BRADLEY CT KING CTO
ALY E PEACH DR
VINE ST ALY NE OF C ST
BEVERLY BETSEY PL
MARY CT SSE WOODS PL WILLOW ST
WOODS AVE WALNUT ST
WILLOW ST JACOBS F ALY E OFF ST
PATRICIA AVE WILLOW ST 15° 103AT
WILLOW ST ALY E OF E ST
ELBERTA AVE ALY E OF QUINCE DR
DONE PL
BEVERLY PL WALNUT ST ALY E OF ORANGE AVE ALY E OF DST
BETTY ST JANET DR
VISALIA RD 153
PALM ST ALY E OF E ST
PALM ST QUINCE AVE PINE ST
ALY W OF ORANGE AVE ALY E OF HST
FAIRWY DR 1S* ALY E OF DST
ALY N OF WESTWOOD DR RUTH ST ALY E OFF ST ALY E OF E ST
WESTWOOD DR ALY E OF QUINCE DR
ALY N OF MAPLE ST ALY E OF HST CHESTNUT ST
MAPLE ST
ALY E OF BELMONT RD FRANCIS AVE WALDO AVE ALBERT AVE ORANGE AVE ALY E OF ORANGE AVE FILBERT AVE CEDAR ST
ALY E OFIST ISH
CHESTNUT ST
ALY E OFF ST ALY E OF EST
ISI ALY E OF HST
CEDAR ST QUINCE ST ALY E OF FILBERT AVE CEDAR ST
BELMONT RD FIREBAUGH AVE FIREBAUGH AVE
ALY E OF WALDO ST ALY E OF ALBERT AVE ALY E OF JOYNER AVE CITRAVE CRANE AVE
QUAIL CT ALY E OF BELMONT RD JOYNER AVE AVE
PROSPECT AVE
DR
ALY N OF DAVIS ST
DAVIS ST BLOSSOM INDUSTRIAL
ALY NOF NELSON ST
SHERWOOD ST NELSON ST COSART CT
OXFORD ST MILLNER AVE VILLAGE CT
SELF CT
ALY N OF GLAZE AVE
City N
EXETER
October 2022
RECORDING REQUESTED
AND RETURN TO:
City of Exeter
P.O. Box 237
Exeter, CA 93221
FREE RECORDING: Govt. Code 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
That the City of Exeter, California, a Municipal Corporation, whose address is 137 North "F" Street, Exeter, California, is the owner of the real property, public works or structure hereinafter described. • That on the 22'° day of August, 2023, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Division 2, Part 3, Chapter 1, Article 4, of the Public Contract Code applies.
3. That the name of the contractor who performed said work of improvement pursuant to such contract with the City of Exeter is Talley Oil, Inc. whose physical address is 12483 Road 29, Madera, CA 93638, and whose mailing address is 12483 Road 29, Madera, CA 93638.
4. That the real property or public work or structure is described as follows:
FY 23 Reclamite Project, Exeter City Limits, Exeter, CA 93221
5. That the Nature of the owner's interest or estate is: Public Improvements
6. That on December 12, 2023, at a regular meeting of the Council, the City Council of the City of Exeter authorized the filing of the Notice of Completion.
Dated: December 13, 2023 City of: _Exeter
A Municipal Corporation
By:
Martin Querin, City Engineer
STATE OF CALIFORNIA)
)SS
COUNTY OF TULARE )
The undersigned being duly sworn says: That he is the City Engineer of the City of Exeter, a Municipal Corporation, and gives notice for and on behalf of said Municipal Corporation, that he has read the foregoing notice and knows the contents thereof, and the same is true of his own knowledge.
By:
Martin Querin, City Engineer
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.
STATE OF CALIFORNIA)
)ss
COUNTY OF TULARE )
Subscribed and sworn (or affirmed) to before me on this 13h day of December, 2023, by Martin Querin, who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
I certity under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal.
Notary Public in and for the County of Tulare, State of California Commission Expiration Date
Attached to Notice of Completion for Exeter Municipal Project:
FY 23 Reclamite Project, Exeter, CA 93221
(Insert name of project on line above)
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H8 X City Council
Wording for Agenda: Authorize the City Administrator to execute any necessary agreements to allow for up to $150,000 of State Regular Session:
Highway 65 Measure 1 funding to be used for the placing of radar X Consent Calendar Regular Item
speed signs along the Highway 65 route in Exeter. _ Public Hearing Submitting Department: Administration Review:
Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:
Staff recommends that the Council authorize the City Administrator to execute any necessary agreements to allow for up to $150,000 of State Highway 65 Measure 1 funding to be used for the placing of radar speed signs along the Highway 65 route in Exeter.
Summary/Background:
Due to review and evaluations of traffic safety along State Highway 65 through Exeter, Measure 1 funding ($1.5 Million) has been designated to provide for traffic safety upgrades along the corridor. In addition to funding for a Caltrans engineer to evaluate and design improvements for the corridor, the funding has also been designated for installation/construction of improvements.
An option has become available to use a portion of the designated improvement funding to place radar speed signs along the corridor prior to ultimate design and construction of improvements. These signs could assist in slowing traffic along the corridor through Exeter while ultimate design and construction are completed.
Fiscal Impact: None other than staff time to process the paperwork for funding and installation of the radar speed signs.
Prior Council/Board Actions: On November 14, 2023, the Council authorized this item to come back to Council for approval.
Attachments: None
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute any necessary agreements to allow for up to $150,000 of State Highway 65 Measure 1 funding to be used for the placing of radar speed signs along the City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H9 X City Council
Wording for Agenda: Authorize the City Administrator to execute a purchasing agreement with Ready 2 Go Restroom Trailers for the Regular Session:
purchase of a 2 Station Restroom Trailer, in the amount of X Consent Calendar $40,900.00. Regular Item
_ Public Hearing
Submitting Department: Police Review:
Contact Name: John Hall, Chief of Police
Phone Number: (559) 592-3103
City Administrator
Email: [email protected] (Initials Required)
9S
Department Recommendation:
Authorize the City Administrator to execute a purchasing agreement with Ready 2 Go Restroom Trailers for the purchase of a 2 Station Restroom Trailer, in the amount of $40,900.00.
Summary:
Officers of the Exeter Police Department (EPD) are required to attend regular training sessions several times a year to qualify with their duty weapons as part of their established duties. It is rightfully expected by the Community that their Officers are well trained and proficient when it comes to the use of force and the employment of firearms. The Department is extremely fortunate in that it has its own established firearms range which can be used for these training needs. The range previously had an office which included a bathroom, however several years ago that structure had to be demolished due to its condition and age. With the water well having gone dry, there are no current plans to rebuild a permanent structure at the range. The current bathroom facility at the range is limited to the traditional portable bathroom design typically seen at various events.
This traditional portable bathroom design is not suitable for long term use at the range due to its continuous environmental exposure. Wildlife of various forms routinely inhabit the portable bathroom and despite best efforts to keep it regularly cleaned and maintained, it is frequently found to be unusable due to the extensive amount of cobwebs, dirt, debris, insects, and rodents which are regularly found to be inside. These conditions arise due to a number of factors which include, but are not limited to: the very design of the bathroom does not allow itself to be easily secured against entry by wildlife, and insects; dirt, cobwebs, insects, etc. can easily inhabit and takeover the space inside the bathroom; extreme weather conditions and temperature changes make the portable bathroom inhospitable at various times of the year.
In searching for a more suitable solution, it is recommended by City Staff that the portable bathroom be replaced with a bathroom trailer. These trailers are more durable and can more readily be secured against wildlife, insects, and adverse environmental conditions. Furthermore, they are much more sanitary for use, especially when compared with the traditional portable bathroom. Currently the range has both electrical and septic capabilities which would allow for the trailer to be placed and used there on a semi-permanent basis.
An additional benefit to the purchase of a bathroom trailer for use at the range, is the easily transportable design which would allow for city staff to move the trailer without use of special equipment. This bathroom trailer could then be moved and used during special events, critical incidents, and other situations as needed.
While the various options for bathroom trailers are plentiful, City Staff is recommending the purchase of a two unit bathroom trailer which would adequately meet the needs of Department personnel at the range and critical incidents, while being fiscally responsible in terms of overall expense. Several vendors were contacted and prices obtained for a bathroom trailer as described.
Portable Restroom Trailers provided a quote of $40,690.00. Ready 2 Go Restroom Trailers has provided a quote of $40,900.00. Luxlav LLC provided a quote of $41,500.00 At the October 10, 2023 City Council meeting, City Staff recommended we enter into a purchasing agreement with Portable Restroom Trailers for the purchase of a 2 Station Restroom Trailer, in the amount of $40,690.00. At that meeting Council approved and authorized the purchase. Since then, the vendor has indicated they would not provide the trailer unless payment was made ahead of time, rather than at the time of delivery. This request is not in compliance with the City's standard operating procedure or best practices for municipality purchases. In light of this recent development, City Staff is now recommending that Council authorize the City Administrator to execute a purchasing agreement with Ready 2 Go Restroom Trailers for the purchase of a 2 Station Restroom Trailer, in the amount of $40,900.00.
Fiscal Impact: Funds for this purchase are currently available through ARPA.
Prior Council/Board Actions: Council has previously authorized the purchase of a Portable Restroom Trailer at the City Council meeting on October 10, 2023.
Attachments: Quotes from Portable Restroom Trailers, Ready 2 Go Restroom Trailers, and LuxLavs LLC .
Administrator to execute a purchasing agreement will Ready 2 Mo Restra trailers for the Recommended motion to be made by Council/Board:
purchase of a 2 Station Restroom Trailer, in the amount of $40,900.00.
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
Exeter Police Department
Purchase Quote
2 Station Restroom Trailer
- Affordable Advantage Series
Season Heat Package
9/20/23
nC
000
ДИ АТЕ CONEAN
Portable Restroom Trailers, LLC
WOSB Certified
Jubater ur Emer
Disadvantaged, Small Business Enterprise • PORTAblE RESTROOM DUNS: 806679325 TRAiLERS, LLC
awstabsferestroomtraliers.com
CAGE Code: 4VAL5
Pen Fin 74, Zine Salar
TIN: 46-4031428
NA/CS: 56291
WHY CHOOSE
PORTABLE RESTROOM
Prepared For TRAILERS, LIC?
John Hall
Buy Back Policy
Exeter Police Department Largest In-stock New/Used
[email protected] Inventory
Over 8 Manufacturers
Special Financing Programs
*Quote good for 7 business days;
Certified WOSB
Subject to availability; Verified Google
5-Star Company
Locations Nationwide
Created Byl
Tur-key Rental inventory
Ron Gerino
Made in the USA
[email protected]
2 Station Restroom Trailer
- Affordable Advantage Series
- 3 Season Heat Package
-132 C1!/-
PANE: ELECTRIC
URINAL
A/C
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
info@@portablerestroomtrailers.com
2 Station Restroom Trailer - Affordable Advantage Series - 3 Season Heat Package Specs:
Model Year: Newest Model
Stations: 2
Toilets: 2
• Urinals: 1
• Sinks: 2
Laundry: No
Fresh Water Tank (Gallons): 100
Waste Tank (Gallons): 370
Water Heater: Yes
Mechanics Room: Yes
• Box Length: 11'
• A/C Unit Type (BTU): 13.5
• A/C Unit Count: 1
• Water Supply: City Water- Pressurized Water System- Garden Hose • Power Supply/Cords: (3-4) 30 Amp Cords
Motion Sensor Step Lights: No
3 Season Heat Package
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
Pricing
Name Price QTY Subtotal
$37,400.00 1 $37,400.00
2 Station Restroom Trailer -
Affordable Advantage Series - 3
Season Heat Package
*Available Now
*Subject to Availability
Freight-Approximate to Zip 93221 $3,290.00 1 $3,290.00
Subtotal $40,690.00
Discount $0.00
Tax $0.00
Total $40,690.00
*This new unit has a 12 Year trailer manufacturer warranty on the roof membrane, a 1 year trailer manufacturer warranty on the trailer, and a 1-3 year warranty on Individual appliances. Registration details are provided by their individual appliance manufacturers and are located in the component binder located in the mechanics room on the backside of the trailer.
PORTAbLE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
Ready2Go Restroom Trailers Sales LLC
1525 Park Manor Blvd. #300
Pittsburgh, PA 15205 US READY2GO
[email protected] L RESTROOM TRAILERS SALES LLC Estimate
ADRESS SHIP TO ESTIMATE # 1131
John Hall, Chief of Police John Hall, Chief of Police DATE 09/22/2023 Exeter Police Department Exeter Police Department EXPIRATION DATE 10/20/2023 100 N. C Street 100 N. C Street
Exeter, CA 93221 Exeter, CA 93221
TRACKING NO.
Ready Now_405643
PRODUCT DESCRIPTION QTY RATE AMOUNT SKU
INTERIOR 1 34,900.00 34,900.00
• Lockable Aluminum Base
• Rust-Free Aluminum Countertop
• Stainless Steel Sink
• Auto-Shutoff Sink Faucets
• Soap Dispensers
• Paper Towel Dispensers
• Toilet Paper Holders
• Shatter Proof Mirror
• Ceramic Pedal Flush Toilet
• Waste Basket
• Sanitary Supply Receptacle
(Women's Restroom Module Only)
• Auto Flush Ceramic Urinal
(Men's Restroom Module Only)
• Smooth, Aluminum PolyCor®
Interior
Walls & Ceiling
• Non-Skid Black Rubber Coin
Floor
• 12v LED 6" Round Dome Lights
(4 per)
EXTERIOR
• Fold-Up Steps with Handrail
• Wall Mounted Aluminum Railings
• 12v LED Porch Lights
• 3" Quick Connect Waste Tank
• Waste Tank Level Indicator
(Sight Glass)
• City Water Hook-Up
• Scissor Jacks
MECHANICALS
WWW.READY2GORESTROOMTRAILERS.COM
PRODUCT DESCRIPTION OTY RATE AMOUNT SKU
• Roof Mounted A/C with Heat Strip
• Wall Mounted Thermostat
• On-Board Fresh Water System
(105 Gallons)
• 6 Gallon Electric Water Heater
• PEX Manifold Water Distribution
System
• 120V 30-amp Motor base with
Twist Lock
• 120V 30 amp 25' Shoreline
• Polyethylene Waste Tank (3/8"
• White Vinyl Walls In Mechanical
Closet
UL- Heater in restroom (2) 1
Heater per
room
Freight Transport of Restroom/Shower/ or 1 6,000.00 6,000.00 Specialty Trailer
VIN VIN#7VOW1121XPE405643 1
Number - Year: 2023
Info Make: Wells Cargo / UltraLav
Model: UL612-2
Trailer is In-Stock and ready to ship. SUBTOTAL 40,900.00 TAX 0.00
TOTAL $40,900.00
Accepted By Accepted Date
WWW.READY2GORESTROOMTRAILERS.COM
QUOTE #
012RT20230920AL
LUXLAV Date: 9/20/2023
Quote is good until unit is sold.
QUOTATION
Bill To: Delivery Address
Name: Exeter Police Department Name: Exeter Police Department Address: 100 N C St Address: 100 N C St
City, State: Exeter, CA City, State: Exeter, CA
Zip: 93221 Contact: John Hall, 559.671.0531
Email: 1s
102 A OI 2 RESTROOM TRAILER (2 STALL)
INTERIOR STANDARD FEATURES
Smooth durable white fiberglass interior with composite backer | 12 Volt LED lighting - (2) lights per room | Lockable base cabinets | Solid surface countertops with molded sinks | Waste basket cut outs and waste baskets | Lockable inside steps | Self closing faucets Soap dispensers | Paper towel dispenser | Toilet paper holders | Ceramic China pedal flush toilets / Waterless urinal (men's restroom only) | Sanitary Napkin receptacles (women's restrooms only) | Shatterproof mirrors | Heavy duty door closers | 1 Piece transit grade flooring | Climate control sensor inside restroom
EXTERIOR STANDARD FEATURES
Large 32" heavy duty entrance doors | Occupancy lighting | 1 Piece roof | Smooth durable white fiberglass exterior | Porch lights w/ switch at all entry doors | Fold down steps with swing-out grab handles | 3" quick connect waste tank access valve | LED waste tank indicator | HDPE waste tanks | 1" wash out plug | City water connection | 30 amp marine-style power cord | Roof mounted Air Conditioner w/ heat strip | Climate control center mounted in control room | Insulated walls and ceiling | Torsion axle | Aluminum wheels | E-rated trailer specific tires | Full license plate frame with light | Fresh water fill/diverter (either hydrates the unit or fills the fresh tank) | Courtesy light above Control Room door | E coated frame | Powder coated aluminum trim | 7k tongue jack | Stabilizer jacks on all (4) corners - scissor jacks on the front and swing downs on the rear
LUXI
ALL PHOTOS ARE FOR REPRESENTATION ONLY
OPTIONAL ITEMS, DELIVERY, AND TOTAL COSTS
Configured Price: $ 37,000.00
(1) 2024 LuxuryLav A Ol 2 Stall PRIVATE Restroom Trailer. All Standard Options Applied, All Self-Contained, Browntone Interior, A/C & Heat - All Seamless Fiberglass Exterior, All General Specifications and Layout attached.VIN: 129BU1212R1598300 - Make: Optimus Subtotal: $ 37,000.00 Industries - Model: O1-2
Freight based on current gas prices (ships from Elkhart, IN) $ 4,500.00
J& B LUXLAI'S, LLC PROUD MEMBER OF FINAL PAYMENT
J & B LuxLavs GSA Contract Holder $41,500.00
26919 Kanis Road, PO BOX 241157
Little Rock, AR 72223 Govemment Info: DUNS # 079378560 | CAGE: 740A3 Andy Luna, Cell-909.964.1621 GSA= 47QWA20D007Q |TID: 465508699|SBA TERMS:
Please sign in acceptance of this proposal, terms, and all the above components. Trailer is ready to ship. All trailers are sold on a first- come, first-served basis only. Final payment now due
...
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H10 X City Council
Wording for Agenda: Approve a request for a street closure of Maple Street, between D Street and E Street, for We Fit Boot Camp Regular Session:
Gym to host a Small Business Christmas Market, beginning at 2:00 X. Consent Calendar Regular Item
p.m. December 16, 2023, and ending at 7:00 p.m., subject to the conditions presented by staff
Review:
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318 (Initials Required)
Email: [email protected]
obs.
Department Recommendation:
Staff recommends that Council approve a request for a street closure of Maple Street, between D Street and E Street, for We Fit Boot Camp Gym to host a Small Business Christmas Market, beginning at 2:00 p.m. December 16, 2023, and ending at 7:00 p.m., subject to the conditions presented by staff Summary/Background:
Local business We Fit Boot Camp Gym, located at 151 S E Street, has previously hosted numerous small business pop up events in the private parking lot adjacent to their business.
Because each event has grown for both vendors and customers, event organizers are requesting to expand the event onto Maple Street for more of a street fair type atmosphere.
Vendors will sell hand crafted and holiday themed items ideal for holiday shopping. The market hours will be 3:00 p.m.-5:00 p.m. with additional street closure time to allow for set up and clean-up.
Terms and Conditions:
1) The City of Exeter will post temporary road closure signs 72 hours prior to the event and provide road closure barricades for the event. Event organizers will remove barricades and place them in designated areas for City staff to remove the following business day. 2) Event guests will utilize the We Fit Boot Camp Gym building bathrooms. 3) The event host is responsible for post event clean up, including making arrangements with Mid Valley Disposal for any additional trash carts necessary for the removal of solid waste. 4) Vendors will obtain a one-day sellers permit from The City of Exeter. 5) The applicant must provide the required certificate of insurance and endorsement prior to the event.
Fiscal Impact: None to the City.
Prior Council/Board Actions: None
Attachments: Request of Street Closure, Street Closure Authorization, and Amplified Sound Permit
Recommended motion to be made by Council/Board: I move to approve the request for a street closure of Maple Street, between D Street and E Street, for We Fit Boot Camp Gym to host a Small Business Christmas Market, beginning at 2:00 p.m. December 16, 2023, and ending at 7:00 p.m., subject to the conditions presented by staff. 11/8/23, 1:31 PM Search | ParcelQuest
PARCEL QUEST
SEST SD St
E Maple St
SE St SD St
E Maple St
E Maple St
SESt
St SD ST
SE St
Google ata ©2026 Imagery ©2023, Airbus 10 m
© 2015 Parce/Quest www.parcelquest.com (888) 217-8999
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11/8/23, 1:31 PM Search | ParcelQuest
PARCELQUEST
LIST 1
DETAIL
• 1 Property Address: 151 S E ST EXETER CA 93221-1757
Ownership
TULARE, CA
TARA K. FREITAS, ASSESSOR
Parcel # (APN): 135-134-006-000
Parcel Status:
Owner Name: SOUZA MANUEL
Mailing Address: 586 S FARMERSVILLE BLVD FARMERSVILLE CA 93223-2040 Legal Description:LTS 19 TO 21 BLK 29
Assessment
Total Value: $339,329 Use Code: 2500 Use Type: RESTAURANT Land Value: $173,696 Tax Rate Area:002-014 County Zoning Code:CC Impr Value: $165,633 Year Assd: 2023 Census Tract: 15.02/3 Other Value: Property Tax: $3,755.32 Price/SqFt: $51.78 % Improved:48% Delinquent Yr:
Exempt Amt: HO Exempt: N
Sale History
Sale 1 Sale 2 Sale 3 Transfer
Document Date: 11/17/2009 12/31/2001 11/17/2009
Document Number: 2009R71210 2001R98069 2009R71208
Document Type: GRANT DEED GRANT DEED
Transfer Amount: $387,000 $185,000
Seller (Grantor): BALL MARY E (SCSR TR) (F
Property Characteristics
Bedrooms: Fireplace: Units:
Baths (Full): A/C: CENTRAL Stories: 1.0
Baths (Half): Heating: CENTRAL Quality: 4.5
Total Rooms: Pool: Building Class:
Bldg/Liv Area: 7,474 Park Type: ATTACHED GARAGE Condition:
Lot Acres: 0.258 Spaces: Site Influence:
Lot Sqft: 11,250 Garage Sqft: 379 Timber Preserve:
Year Built: 1938 Ag Preserve:
Effective Year: 1938
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City of City of Exeter
100 North C Street
Exeter, CA 93221
Pf. #559-592-3103 Fax#559-592-3346
EXETER
PROTECTING, PLESLIVING.
AND PROMOTING
SALE TONE ANERICA
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions Application for assemblies and parades on public streets, sidewalks and parks, also the use of sound amplifying equipment, within the City of Exeter. This application must be filed within ten (10) days nor more than sixty (60) days prior to the date of the assembly, parade or meeting.
A copy of this permit must be at the operating premises of the amplifying equipment for which this permit is issued.
Name of Applicant Rachel Orosco Phone No 559-7810-0014
Address LO S. Drange. All. Exeter
Name of Organization We. Fit Boat Camp Phone No. 559-747-9144 Address ISL S. E Street
Type of Even histmas Market Location of Event 15L S. EStreet Darc or Event 12 Jece 23 star Time 3:00 pm End Time 7:00 pm Type of equipment to be used Speaker Box
we went at the gyuctath to Speaker that
1, lachel Orosco _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES
OF THE GITY OF EXETER
cele 11-13-23
Applicant Signature Date
| ] Permit Denied
Chator Police
City of City of Exeter Street Closure Application
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Pf. #559-592-3318 Fax # 559-592-3516
EXETER
PROTECTING, PRESERVING,
SAEL TOWN AMERICA
Date of Event: Dec. 16. 2023
Name of group requesting street closure: We Fit BootCamp Gym Name of contact person: Rachel drasca _Phone: 554-786-00/4 Mailing address: //0 S.Orange Ave. ExeterEmail: [email protected] Alternate Contact Person: David Orosco Phone 559.247:4144 Mailing Address: Phone:
Type of event: Small Buswiess Christmas Macket event
Time of closure: 2:00 pm _until 8:00 pm
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
Maple Street bitween
DSt and E St
X _I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
I have been provided a copy of the City of Exeter Street Closure Application Attachment for insurance/waiver requirements and COVID information and understand my responsibilities.
X _I understand my $50 application fee is nonrefundable and if my event needs to be rescheduled, I will not be required to pay a second application fee.
Office use: *** **************************************
Fee paid
Public Works Director Chief of Police
Council Approval:
City of City of Exeter
100 North C Street
Exeter, CA 93221
Ph. #559-592-3103 Fax # 559-592-3346
*KETER
PROTECTING, PRESERVING.
AND PROMOTING
SMALL TOWN AMIRICA Special Event Street Closure Authorization We Fit Beat Camf Eym is requesting a street closure to
include inaple betwrea Dest * Fe 55, 2023 between
on Saturday December
the hours of 2:00cm and 8:00pm for Shiistmas Market Evert Locations listed below will be affected by this closure.
Address Agree Oppose Business Name Signature Phone
204 Emaplest Brushedstulio 557.544.8551
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H11 X City Council
Regular Session:
Wording for Agenda: Affirm sole source replacement of City X Consent Calendar computer server completed by the City contracted IT provider, EMD Regular Item Networking of Visalia, CA and approve an appropriation and = Public Hearing authorize payment in the amount of $11,355.14 for said
replacement. Review:
City Administrator
Submitting Department: Finance/Administration (Initials Required) Contact Name: Eekhong France, Finance Director /Adam
Ennis, City Administrator
Phone Number: (559) 592-2755, (559) 592-4539
Email: [email protected], [email protected] Department Recommendation:
Staff recommends that Council affirm the sole source replacement of City computer server completed by the City IT provider EMD Networking of Visalia, CA and approve an appropriation and authorize payment in the amount of $11,355.14 for said replacement.
Summary/Background: The City had the previous server in place for almost ten years and EMD identified it as an item needing replacement. Not only was the server getting near end of life, in October of this year it also was going to stop receiving security updates and have limited support for anti-virus with no security patches, making it an extremely high security risk.
EMD provided quotes for the replacement and needed authorization as soon as possible to get the equipment ordered and in place prior to losing support. To accomplish this quickly the City Administrator authorized the work to keep the process moving.
The server has been replaced and is having final connection configuration set up and is being secured in a locked cabinet for increased security in the future.
Fiscal Impact: This project is essential for the city. IT contractual services are charged across multiple funds including water 105.461.022.000, sewer 107.441.022.000, sanitation 106.451.022.001, and general government 104.404.022.000. Fund balances are available across all accounts listed above and will be utilized to properly fund this project.
Prior Council/Board Actions: None
Attachments: Purchase Order and Quote from EMD Networking Recommended motion to be made by Council/Board: I move to affirm sole source replacement of City computer server completed by the City contracted IT provider, EMD Networking of Visalia, CA and approve an appropriation and authorize payment in the amount of $11,355.14 for said replacement.
Purchase Order PURCHASE ORDER NO. 238058
Finance Dept.
137 N F St This order number must show on all invoices, packing lists, elc.
EXETER PO Box 237
Exeter, Ca 93221 Prepared Date:
(559)592-3710
Date received by Finance:
DELIVER TO: City of Exeter VENDOR NO: 2640
137 N F St New Vendor - Please attach t9
Exeter CA 93221
MAIL INVOICE TO: City of Exeter VENDOR: EMD Networking Services PO Box 237
Exeter Ca 93221
QUANTITY UNIT DESCRIPTION PRICE UNIT PRICE DISCOUNTS AMOUNT COE New Server 7,898.00
1 HPE ProLiant DL380 Rack Server
2 Mircrosoft Window Server
Switch, External Drive and Cables 1,123.00
Labor 1,635.00
SUBTOTAL 10,656.00
ACCOUNT NO. AMOUNT
DISCOUNTS
-EMB 105. 4001. 002.000 SHIPPING AND HANDLING
107. 4/411 022.000- SALES TAX 8.75% 699.14
106
1041 11041 D9-2 PO TOTAL 11,355.14
TTACHMENTS (CHECK BOX BELOV
wired for Purchase Orders over S2
• Quotes from minimum of Three (3) supplics Authorized Dept Administrator: Zel ] Sole Source Memo for the following:
• Emergency
• Sole Distributor
55,000 - 59.999 Finance Director:
• Appropriation request fur nun budget expenditurs
• Submit tranaminal for agenda scin/ consent item
•310,000 and over (Must have council approval) City Administrator:
• Submit iransmittal for agenda
• Appropriation
THIS ORDER SUBJECT TO TERNS AND CONDITION ON REVERSE SIDE HEREOF. BY ACCEPTING THE ORDER OR ANY PART THEREOF, SELLER AGREES TO AND ACCEPTS SAID TERMS AND CONDITIONS.
TERMS AND CONDITIONS
1. ACCEPTANCE: This Purchase Order becomes a contract subject to the terms and conditions set forth and incorporated herein by reference. Any additions to, changes in, modifications of, or revision of this order shall not be effective or binding unless expressed in writing by an authorized department administrator of the City of Exeter.
2. DELIVERY: All prices reflect F.O.B. (Free on Board), Exeter, site in place, unless otherwise stated herein. Since time is of the essence, deliveries are to be made both in quantities and at time specified herein. If vendor's deliveries fail to meet schedule, City of Exeter, without limiting its other rights or remedies, may direct expedited routing at no charge or cancel this order or any portion hereof. Vendor shall be liable to City for all damages, losses, and liability incurred by City directly or indirectly as a result of Vendor's breach. Where City has so authorized in writing, goods may be shipped F.O.B. shipping point, but Vendor shall prepay all shipping charges and list said charges as a separate item on Vendor's invoice. City reserves the right to reject C.O.D. (Cash on Delivery) shipments with no penalties to City.
SUBSTITUTION: All substitutions), partial delivers and back order(s) require notification to and consent of City Department Administrator.
PRICE: If Price(s) are shown as NOT TO EXCEED/Estimate(s), actual price may not exceed the price shown without authorization from the Authorized Department Administrator.
STATE SALES TAX/FEDERAL EXCISE TAX: City must pay State Sales Tax, unless resale number is stated at the time of purchase. City is exempt from Federal Excise Tax WARRANTY: Vendor expressly warrants that all goods and services shall conform to all specifications, drawings, samples, l.e. description, applicable specification of this order, good merchantable quality, free of material defect, good workmanship, and be fit for the known purpose for which sold. The cost of returning goods found otherwise will be borne by the Vendor.
7. PRICE WARRANTY: In the event Vendor reduces price(s) for article(s) during the term of this order, Vendor agrees to reduce the price(s) hereof correspondingly.
Vendor warrants that prices shown on the Purchase Orders shall be complete, and no additional cost shall be added without express written consent of City Department Administrator. Such additlonal charges include, but are not limited to shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing. crating.
8. INVOICES: Invoices shall be submitted to the City of Exeter, Po Box 237, Exeter, CA 93221. The Purchase Order Number must appear on all correspondence, i.e. invoices, packing slips, shipping containers, letters. Failure to state purchase order number shall delay payment.
9. DISCOUNT: Cash discount period will date from the receipt of Vendor's invoice by City and NOT the date of invoice.
10. PACKAGING AND SHIPMENT: All goods to be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications.
Each container of a multiple container shipment shall be Identified.
11. OSHA: This order is subject to all terms and conditions of the Occupational Safety and Health Act of 1970, California OSHA and their present and future amendments.
Vendor expressly assumes responsibility for compilance therewith and warrants that all applicable materials, supplies and equipment provided or installed pursuant to this purchase order fully satisfy the requirements of these acts.
12. NON-DISCRIMINATION: The California Fair Employment Practices Act (labor Code Sec. 1410-1433) Prohibits discrimination in employment on the basis of race, religion, color, sex, physical handicap, mental condition, material status, age, national origin or ancestry and is applicable to all employers, employment agencies and labor organizations. The City of Exeter is an affirmative action employer and City requires Vendors and Contractors to comply with applicable laws relating to equal employment.
13. DRUG-FREE WORKPLACE CERTIFICATION: The contractor certifies under penalty of perjury under the laws of the State of California that the contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 ef. seq.).
14. TERMINATION: City may terminate this order or any part hereof for cause in the event of default by the Vendor, or if the Vendor fails to comply with any of the terms and conditions of this offer. Late deliveries, deliveries of defective products, nonconforming products, and failure to provide City, upon request, with reasonable assurance of future performance shall be causes allowing City to eliminate this order. In the event of termination for cause, City shall not be liable to Vendor for any amount, and Vendor shall be liable to City for any and all damages sustained by reason of the default which gave rise to the termination. Acceptance of part, the order shall not oblige City to accept later shipments and not affect its right to return goods already accepted.
15. FORCE MAJEURE: Neither party shall be liable for defaults or delays due to Acts of God or the public enemy, acts or demands of any Government or any Government agency, strikes, fires, floods, earthquakes, accidents, or other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay within five (5) days after the beginning thereof.
16. INDEMNIFICATION: Vendor 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 ("ciaims"), arising out of Vendor's performance of its obligations under this agreement or out of the operations conducted by Vendor, including the City's passive negligence, except for such loss of damage arising from the active or sole negligence, or willful misconduct, of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor's performance of this agreement, the Vendor 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.
17. WAIVER: City's failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or City/s waiver of any breach hereunder shall not thereafter waive any other terms, condition, or privileges, whether the same or similar type.
18. HOLD HARMLESS: Contractor agrees to indemnify and hold the City and its officers, and agents, and employees, harmless from any liability imposed for injury (as defined by Government Code Section13.48.070), whether arising before or after completion of the Work hereunder, or in any manner, directly or indirectly caused, claimed, occasioned or contributed to, by reason of any negligence or omission of the Contractor, in connection with or incident to or arising out of performance of this contract.
19. DEFAULT: In case of default by the Vendor of any of the conditions of this contract, the Vendor agrees the City may procure the articles or services from other sources and may deduct from the unpaid balance due to Vendor, or collect against the bond or security, or may invoice the Vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made.
20. ASSIGNMENT: Assignment by the Vendor of contract or any part thereof, or of funds to be received hereunder, will not be binding upon the city unless such assignment has had prior written approval and consent of the City. Seller shall not assign this contract, or the right to payment due hereunder, without Buyer's prior written consent.
21. CONTRACT MODIFICATION: No amendment or variation of the terms of this contract shall be valid unless made in writing. Signed by the parties and approved as required. No oral understanding or agreement not incorporated in the contact is binding on any of the parties.
22. VENUE: This contact shall be governed by and shall be interpreted in accordance of the laws of the State of California; venue of any action brought with regard to this contact shall be in Tulare County, Exeter, California.
23. DISPUTES: The parties shall deal in good faith and attempt to resolve potential disputes informally. If the disputes persist the contractor must submit to the City Administrator in writing requesting a resolution.
24. PAYMENT: Payment will be made after receipt of invoice and acceptance of goods and/or services and upon requesting department confirmation of such acceptance.
25. SPECIAL CHARGES: Vendor shall be responsible for the payment of all charges for handling, shipping, packages, wrapping, bags, containers and related matter uniess City has assumed an express obligation therefore by notation on the reverse side hereof.
26. LIENS, CLAIMS, AND ECUMBRANCES: Vendor warrants and represents that all goods will, when delivered hereunder, be free and clear of all liens, claims, encumbrances, and infringements of any patent, trademark, copyrights, or franchise rights.
SOLE SOURCE MEMO -
EMD is an established vendor that meets department needs and specifications. 11/16/2023
ENO
NETWORKING SERVICES, INC.
EXPERIENCE THE EMD WAY!
We have prepared a quote for you
CoE New Server, Switch & BDR Quote
Quote # 014161
Version 1
Prepared for:
City Of Exeter
Adam Ennis
[email protected]
559.636.7000
NETWORKING SERVICES, INC www.emdnet.com
Server
Price Ext trice
HPE ProLiant DL380 G11 2U Rack Server - 1 x Intel Xeon Silver 4410Y 2 GHz - 32 $3,688.00 1 $3,688.00 GB RAM - 12Gb/s SAS Controller - Intel Chip - 2 Processor Support - 8 TB RAM Support - Gigabit Ethernet - 8 x SFF Bay(s) - Hot Swappable Bays - 1 x 800 W HPE 32gb (1x32eb) 4800mhx Pc5-38400 C/12 Ecc EcB Registered Dual Rank 1.1v $629.00 1 $629.00 Dors Sdram 288-pin Rdimm Smart Memory Kit For Server.
Western Digital Red 1 TB Solid State Drive - 2.5" Internal - SATA (SATA/600) - $89.00 4 $356.00 600 TB TBW - 560 MB/s Maximum Read Transfer Rate - 5 Year Warranty Pack-4 2.5ª SAS SATA SFF SAS Drive Tray Caddy $75.00 1 $75.00 Microsoft Windows Server 2022 Standard - Perpetual License - 16 Core - $1,069.00 2 $2,138.00 Commercial - PC
Windows Server 2022 - 1 User CAL $46.00 $1,012.00
22 Subtotal: $7,898.00
Switch, External Drive, and Cables
Desception .rikeg
Aruba 6000 24G 4SFP Switch - 24 Ports - Manageable - Gigabit Ethernet - $869.00 1 $869.00 10/100/1000Base-T, 100/1000 Base-X - 3 Layer Supported - Modular - 2 SFP - Slots - 33 W Power Consumption - Twisted Pair, Optical Flber - PoE Ports - 1U High -Rack-mountable, Cabinet Mo
WD My Passport 4 TB Portable Hard Drive - External - Black - USB 3.0 - 256-bit $129.00 1 $129.00 Encryption Standard - 3 Year Warranty - Retail
Tripp Lite Catse 350 MH2 Molded (UTP) Ethernet Cable (RI45 M/M) PoE Blue 1 $2.50 20 $50.00 ft. (0.31 m) - Ift - 1 x Fl-45 Male - 1 x RI-45 Male - Blue Tripp Lite Catse 350 MHz Molded (UTP) Ethernet Cable (RI45 M/M) PoE Blue 7 $3.00 25 $75.00 ft. (2.13 m) - 7 ft Category Se Network Cable - First End: 1 x RI-45 - Male - Second End: 1 x R1-45 - Male - Patch Cable - Blue - 1 Each Subtotal: $1,123.00
Pare: 2 of 5
559.636.7000
NETWORKING SERVICES INO www.emdnet.com
Labor - See PDF for Details
This labor amount Is an ESTIMATE, and not a fixed quate. This is simply to give $1,635.00 1 $1,635.00 you an idea of how much labor we estimate on this project. The actual labor amount when done, may be more or less than this amount.
Subtotal:
e: 3 of 5
559.636.7000
NETWOFKING SERVICES. NO. www.emdnet.com
CoE New Server, Switch & BDR Quote
Prepared by: Prepared for: Quate Information:
EMD Networking Services, Inc. City Of Exeter Quote #: 014161 Christopher Pettibone 137 N. F St Version: 1
559-636-7000 x1011 Exeter, CA 93221 Delivery Date: 09/06/2023 [email protected] Adam Ennis Expiration Date: 10/04/2023 (559) 679-5872
[email protected]
Quote Summary
Description
Server
$7,898.00
Switch, External Drive, and Cables $1,123.00
Labor - See PDF for Details
$1,635.00
Subtotal: $10,656.00
Tax: $699.14
Total: $11,355.14
This Quate is governed under the provisions of the Master Services Agreement ("MSA") and is also further defined by the conditions and provisions of the statement of services ("Services Guide"). Both of these documents are located at https://www.erdnet.com/msa_s8.The MSA and Services Guide contain important provisions related to the Services (including payment and auto-renewal terms), and by agreeing to this Quate, you agree to the provisions of the MSA and the Services Guide. If you cannot access the MSA or Services Guide, or if you have any questions about those documents, then please do not sign this Quote and contact us for further information.
Thank you for your order. Your electronic signature, per the Electranic Signature Act, is considered equivalent to your signed and faxed signature, and allows you to accept and place your order. A copy of this acceptance and the attached quote of proposal document will be sent to your email address to complete your order acceptance. You are NOT required to electronically sign your order, and you may fax or scan/email your signed order to us if you prefer. Due to the current computer chip shortage, some hardware prices are subject to change without notice. Once the quote is approved we will notify you immediately If the price, or availability changes when we place the order.
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Unless specifically quoted, and delivery and installation labor will be charged by the hour at our normal hourly rates. A deposit equaling 80% of the product total is required prior to the ordering of services or hardware. Please do not use a credit card for any transactions over $1000. Also we're happy to help you dispose of old computers when applicable, however there is a recycling fee that we must pay if we take them, and there is labor needed to remove the hard drive(s) and destroy them so your data is secure. Our fee for taking care of this is $30 per computer. For Total Care+ customers that fee is reduced to $15. To allow us to pay our vendors, we may invoice some or all of the delivered product before the labor portion is complete. Customer agrees to pay for product invoices within 30 days regardless if installation is complete. Labor will not be billed until installation is complete. Unless otherwise specified, all new computers sold by EMD have a 1 year parts and labor warranty (if manufacturers warranty is longer than 1 year, EMD will replace the part but labor will be charged).EMD reserves the right to charge a re-stocking fee in the event that a product is returned, and the vendor does not accept the retum for whatever reason. 70: 4 of 5
559.636.7000
NETWORKING SERVICES, INC. www.emdnet.com
EMD Networking Services, Inc. City Of Exeter
Chris Pettitine
Signature: Signature:
Name: Christopher Pettibone Name: Adam Ennis
Title: Sales Manager Date: 10/16/23
Date: 09/06/2023
•
Here: 5 of s
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: H12 X City Council
Wording for Agenda: Adopt Resolution 2023-29 establishing a standing Landscape and Lighting Maintenance District Oversight Regular Session:
Committee. X Consent Calendar
Regular Item
— Public Hearing
Submitting Department: Administration/City Attorney
Contact Name: Adam Ennis and Julia Lew Review:
Phone Number: (559) 592-4539
Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation:
Staff recommends that Council adopt Resolution 2023-29
establishing a standing Landscape and Lighting Maintenance District Oversight Committee.
Summary/Background:
At the City Council meeting of November 14, 2023, the Council considered the details of the formation of the 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. During the discussion staff was directed to discontinue formation of the Landscape and Lighting Maintenance District temporary advisory ad hoc committees per Council districts and continue with the formation of the Landscape and Lighting District Oversight standing committee.
The Council desired 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. The Landscape and Lighting Maintenance District Oversight Committee (hereinafter referred to as "LLOC") would be formed per the direction of Council as detailed on the attached resolution.
Fiscal Impact: To be determined based on time and resources needed to provide support to the committees.
Prior Council/Board Actions: At their September 26, 2023, meeting 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.
At their November 14, 2023, meeting, the Council considered the details of the formation of the 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.
Attachments: Resolution 2023-29
Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2023-29 as presented.
RESOLUTION 2023-29
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 seven (7) members, comprised of seven (7) members of the public at large who reside within L&Ls. All committee members shall be appointed by and serve at the pleasure of the City Council. Members shall serve for a two-year (non-staggered) term, and there shall be no limits on the number of terms that may be served. The City Council will strive to appoint members representing a variety of L&Ls and Electoral Districts to achieve diverse perspectives and widespread community representation. Members shall abide by all applicable conflicts of interest laws when undertaking their responsibilities.
SECTION 3. Purpose and Scope. No later than June of each year, LLOC shall review 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 three (3) times per year unless otherwise explicitly approved by action of the City Council, with at least one meeting upon the availability of the draft L&L annual engineer's report as set forth above and prior to consideration of the report by the City Council. As a 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.
Draft Resolution 2023-29
Standing L&L Oversight Committee
SECTION 7. Effective Date. This Resolution shall be effective immediately upon adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.
Passed, approved, and adopted this 12 day of December 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Frankie Alves, Mayor ATTEST:
Christina Arias, Deputy City Clerk
City of Exeter
Agenda Item Transmittal
Date: December 12, 2023
For action by:
Agenda Item Number: 11 X City Council
_Planning Comm.
Wording for Agenda: PUBLIC HEARING to consider an application Regular Session:
for a Cannabis Regulatory Permit and adopting Resolution No. — Consent Calendar 2023-30 to permit the operation of a Medical Cannabis Treatment Regular Item Center consistent with all provisions of Section 8.50 of the Exeter X Public Hearing Municipal Code, located at 123 N. E Street, Suite 102
Review:
Submitting Department: Planning Department
Contact Name and Phone Number: Greg Collins, City Planner City Administrator (Initials Required)
Tristan Suire, Assistant City Planner
Phone: 559-734-8737
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2023-30, permitting the operation of a Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Municipal Code subject to conditions as presented.
Summary:
The City has received a request for a Cannabis Regulatory Permit, pursuant to Exeter Municipal Code Section 8.50, located at 123 N. E Street, Suite 102, on the east side of N. E Street, north of E. Pine Street. The existing condition of the site is a developed commercial site, maintained in good condition, generally located in the developed downtown portion of the City. The applicant proposes no new changes to the existing structure, nor changes to the existing on and off-site improvements. The request is specifically to permit operations of a Medical Cannabis Treatment Center in the existing commercial structure, and no development of any kind is necessary to facilitate this proposal.
Background and Discussion:
The applicant, Don Anderson, has applied for a Cannabis Regulatory Permit in order to operate the proposed Medical Cannabis Treatment Center, located at 123 N. E. Street, Suite 102, on the east side of N. E Street, north of E. Pine Street. The Cannabis Regulatory Permit is required in addition to individual Employee Permits for all employees or independent contractors working at the proposed cannabis operations or involved in the related services, in order to operate a Medical Cannabis Treatment Center. Prior to this request, the applicant completed a Zoning Ordinance Text Amendment to permit the proposed use in the Central Commercial zoning district, subject to Regulatory Permit review. The approval of the Cannabis Regulatory Permit is contingent on adherence to all provisions of Section 8.50 (Regulation of Cannabis) of the Exeter Municipal Code, as well as annual renewal of the Cannabis Regulatory Permit.
The subject property consists of a single parcel with one existing commercial structure, which contains existing, unrelated commercial uses in the other suites. A recent examination of the site indicates that the current condition of the property is well-maintained, and the applicant is not proposing any changes to the existing structure or improvements. The proposed Medical Cannabis Treatment Center would only be available by appointment, with no walk-ins open to the general public.
The subject property is zoned CC (Central Commercial), which allows "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section
8.50 of the Exeter Code of Ordinances" as a permitted use. The proposed Medical Cannabis Treatment Center is consistent with the purposes and permitted uses of the Central Commercial zoning district, and all provisions of Section 8.50 of the Exeter Municipal Code. The subject property is bounded by property zoned CC (Central Commercial) to the north, south, east, and west, occupied by various downtown commercial uses including a brewery and a bakery.
See site plans below:
• SECURTY CURERA A TOTA CUNERASI
• 5-712,
NEOR ACCE
SUITE 102
= SUITE 101
FLOOR PLAN - LEVEL 1
4° = 10
The N. E Street right-of-way, which the proposed Medical Cannabis Treatment Center fronts onto, will not be negatively impacted by the proposed use. The business will operate on an appointment basis, limiting the number of employees and patients that are inside at any given time. The existing off-site public diagonal street parking provided along N. E Street will be sufficient to serve any anticipated increase in parking demand generated by the proposed use.
The Site Plan Review Committee, during their November meeting, determined that the proposed Cannabis Regulatory Permit request is exempt from Site Plan Review under Exeter Municipal Code Section 17.54.03(F). However, the Regulation of Cannabis Ordinance requires that the Police Chief make a recommendation on the Regulatory Permit issuance based on an authorized investigation and make the following findings:
A. The business or conduct of the business at a particular location is not prohibited by any local or State law, statue, rule, or regulation. This finding can be made.
B. The Business Owner or Operator has not been issued a local or State permit related to Cannabis operations at any other location in California, or another state, and such permit was not suspended or revoked, nor has the Business Owner or Operator had disciplinary action related to such permit. This finding can be made.
C. The Business Owner or Operator has not knowingly made false statements of material fact nor has knowingly omitted to state a material fact in the application. This finding car be made.
D. Consistent with State Law, or other applicable State law, the Business Owner or Operator, or any Responsible Person, has not been any of the following, this finding can be made:
a. Convicted of a serious or violent offence as listed under California Penal Code sections 667.5 and 1192.7 (c); or
b. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
c. Convicted of a misdemeanor involving moral turpitude as defined under State law (general crimes related to theft and dishonesty) within five (5) years preceding the date of the application.
d. Costributed, a sina acting treated l untrols sion trans, astatined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or e. Has engaged in misconduct related to the qualifications, functions, or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State Law; or
f. Consistent with State Law or other applicable State Law, the Business Owner or Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or
g. The Business Owner or Operator is under twenty-one (21) years of age, or any older other age set by the State; or
h. The Cannabis Operation does not comply with the zoning ordinance standards of the City, the development standards set forth in the City of Exeter Municipal Code, or the terms of the Development Agreement; or
i. The required annual business license fee, annual regulatory fee or fees specified in the Exeter Municipal Code have not been paid.
E. All of the above findings can be made.
Pursuant to Section 8.50.120(A)(1) of the Exeter Municipal Code, the Police Chief did cause written notice of their recommendation on the issuance or denial of the proposed Regulatory Permit to be mailed to the applicant prior to this public hearing before the City Council.
Conclusion:
Staff recommends that the City Council adopt Resolution 2023-30, issuing the proposed Cannabis Regulatory Permit, to allow operation of a Medical Cannabis Treatment Center subject to conditions of approval. This will allow the applicant to operate the Medical Cannabis Treatment Center at the existing commercial structure located at 123 N. E Street, Suite 102, subject to annual renewal of the Regulatory Permit.
Facts:
Applicant: Don Anderson
Location: 123 N. E Street, Suite 102, generally located on the east side of N. E Street, north of E. Pine Street.
Request: The applicant requests issuance of a Cannabis Regulatory Permit, subject to Exeter Municipal Code Sec. 8.50
Design: The proposed project does not include any changes to the site design. The design of the project itself will not negatively impact surrounding properties.
Historic Use: The subject property contains a large commercial structure. A variety of owntown commercial uses have historically occupied this site including oring and carpet store and stationary stor
Site: The subject site is currently a multi-tenant commercial structure, with existing businesses including a café and salon. The rear of the building has access to the alley with loading and limited parking on-site.
See pictured from above:
E Palm St
Palm St
See pictured from N. E Street facing northeast:
E
STREET
SQUARE
COFFEL R
Zone: The project is located in the CC (Central Commercial) zone district. The proposed use is consistent with Section 17.24.02(CC) "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" of the Zoning Ordinance.
Gen. Plan: The subject site has the General Plan designation of Central Commercial Land Use: The site contains improvements including a two-story commercial structure with brick façade, frontage improvements including existing curb, gutter, sidewalk, landscape planters, and street trees. Surrounding land uses are as follows:
North: Homes goods store
South: Bakery
East: Ford automobile dealership
West: Brewery
Infrastructure: The project will utilize existing commercial space to operate the proposed use.
No new public right-of-way improvements proposed, nor are there any proposed improvements to the existing on-site infrastructure.
Landscaping: The project has not proposed any changes to the existing landscaping. No new landscaping is proposed.
CEQA: The proposed "project" is exempt from California Environmental Quality Act (CEQA) review, subject to the Class 1 Existing Facilities categorical exemption (Cal. Code Regs. tit. 14 §15301).
Prior Council/Board Actions: N/A
Attachments: City Council Resolution 2023-30
Chief of Police Letter of Recommendation
Recommended motion to be made by the City Council: I move to adopt Resolution 2023-30 ermitting the Cannabis Regulatory Permit, to allow operation of the proposed Medic annabis Treatment Center subiect to conditions of aporoval as presente City of Exeter
Agenda Item Transmittal
Date: December 12, 2023
For action by:
Agenda Item Number: 11 X City Council
Planning Comm.
Wording for Agenda: PUBLIC HEARING to consider an application Regular Session:
for a Cannabis Regulatory Permit and adopting Resolution No. - Consent Calendar 2023-30 to permit the operation of a Medical Cannabis Treatment _Regular Item Center consistent with all provisions of Section 8.50 of the Exeter X Public Hearing Municipal Code, located at 123 N. E Street, Suite 102
Review:
Submitting Department: Planning Department
City Administrator
Contact Name and Phone Number: Greg Collins, City Planner (Initials Required) Tristan Suire, Assistant City Planner
Phone: 559-734-8737
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2023-30, permitting the operation of a Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Municipal Code subject to conditions as presented.
Summary:
The City has received a request for a Cannabis Regulatory Permit, pursuant to Exeter Municipal Code Section 8.50, located at 123 N. E Street, Suite 102, on the east side of N. E Street, north of E. Pine Street. The existing condition of the site is a developed commercial site, maintained in good condition, generally located in the developed downtown portion of the City. The applicant proposes new can testing structure, nor changes to the existing on and off-site improvements. The request is specifically to permit operations of a Medical Cannabis Treatment Center in the existing commercial structure, and no development of any kind is necessary to facilitate this proposal.
Background and Discussion:
The applicant, Don Anderson, has applied for a Cannabis Regulatory Permit in order to operate the proposed Medical Cannabis Treatment Center, located at 123 N. E. Street, Suite 102, on the east side of N. E Street, north of E. Pine Street. The Cannabis Regulatory Permit is required in addition to individual Employee Permits for all employees or independent contractors working at the proposed cannabis operations or involved in the related services, in order to operate a Medical Cannabis Treatment Center. Prior to this request, the applicant completed a Zoning Ordinance Text Amendment to permit the proposed use in the Central Commercial zoning district, subject to Regulatory Permit review. The approval of the Cannabis Regulatory Permit is contingent on adherence to all provisions of Section 8.50 (Regulation of Cannabis) of the Exeter Municipal Code, as well as annual renewal of the Cannabis Regulatory Permit.
The subject property consists of a single parcel with one existing commercial structure, which contains existing, unrelated commercial uses in the other suites. A recent examination of the site indicates that the current condition of the property is well-maintained, and the applicant is not proposing any changes to the existing structure or improvements. The proposed Medical Cannabis Treatment Center would only be available by appointment, with no walk-ins open to the general public.
The subject property is zoned CC (Central Commercial), which allows "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section
8.50 of the Exeter Code of Ordinances" as a permitted use. The proposed Medical Cannabis Treatment Center is consistent with the purposes and permitted uses of the Central Commercial zoning district, and all provisions of Section 8.50 of the Exeter Municipal Code. The subject property is bounded by property zoned CC (Central Commercial) to the north, south, east, and west, occupied by various downtown commercial uses including a brewery and a bakery.
See site plans below:
MANUFACTURONG, & TESTING • SECURITY CAMERA IS TOTAL CAMERUST - AREA OF BUSINESS
5.712,
HECH ACCH
85-417 SUITE 102
= SUITE 101
SUITE 103
FLOOR PLAN - LEVEL 1
14* * 1-0°
The N. E Street right-of-way, which the proposed Medical Cannabis Treatment Center fronts onto, will not be negatively impacted by the proposed use. The business will operate on an appointment basis, limiting the number of employees and patients that are inside at any given time. The existing off-site public diagonal street parking provided along N. E Street will be sufficient to serve any anticipated increase in parking demand generated by the proposed use.
The Site Plan Review Committee, during their November meeting, determined that the proposed Cannabis Regulatory Permit request is exempt from Site Plan Review under Exeter Municipal Code Section 17.54.03(F). However, the Regulation of Cannabis Ordinance requires that the Police Chief make a recommendation on the Regulatory Permit issuance based on an authorized investigation and make the following findings:
A. The business or conduct of the business at a particular location is not prohibited by any local or State law, statue, rule, or regulation. This finding can be made.
B. The Business Owner or Operator has not been issued a local or State permit related to Cannabis operations at any other location in California, or another state, and such permit was not suspended or revoked, nor has the Business Owner or Operator had disciplinary action related to such permit. This finding can be made.
C. The Business Owner or Operator has not knowingly made false statements of material fact nor has knowingly omitted to state a material fact in the application. This finding can be made.
D. Consistent with State Law, or other applicable State law, the Business Owner or Operator, or any Responsible Person, has not been any of the following, this finding can be made:
a. Convicted of a serious or violent offence as listed under California Penal Code sections 667.5 and 1192.7 (c); or
b. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
c. Convicted of a misdemeanor involving moral turpitude as defined under State law (general crimes related to theft and dishonesty) within five (5) years preceding the date of the application.
d. Convicted of a felony involving the illegal use, possession, transportation, distribution, or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or e. Has engaged in misconduct related to the qualifications, functions, or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State Law; or
f. Consistent with State Law or other applicable State Law, the Business Owner or Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or
g. The Business Owner or Operator is under twenty-one (21) years of age, or any older other age set by the State; or
h. The Cannabis Operation does not comply with the zoning ordinance standards of the City, the development standards set forth in the City of Exeter Municipal Code, or the terms of the Development Agreement; or
i. The required annual business license fee, annual regulatory fee or fees specified in the Exeter Municipal Code have not been paid.
E. All of the above findings can be made.
Pursuant to Section 8.50.120(A)(1) of the Exeter Municipal Code, the Police Chief did cause written notice of their recommendation on the issuance or denial of the proposed Regulatory Permit to be mailed to the applicant prior to this public hearing before the City Council.
Conclusion:
Staff recommends that the City Council adopt Resolution 2023-30, issuing the proposed Cannabis Regulatory Permit, to allow operation of a Medical Cannabis Treatment Center subject to conditions of approval. This will allow the applicant to operate the Medical Cannabis Treatment Center at the existing commercial structure located at 123 N. E Street, Suite 102, subject to annual renewal of the Regulatory Permit.
Facts:
Applicant: Don Anderson
Location: 123 N. E Street, Suite 102, generally located on the east side of N. E Street, north of E. Pine Street.
Request: The applicant requests issuance of a Cannabis Regulatory Permit, subject to Exeter Municipal Code Sec. 8.50
Design: The proposed project does not include any changes to the site design. The design of the project itself will not negatively impact surrounding properties.
Historic Use: The subject property contains a large commercial structure. A variety of doming and carpet sore ses stationary saly occupied this site including a Site: The subject site is currently a multi-tenant commercial structure, with existing businesses including a café and salon. The rear of the building has access to the alley with loading and limited parking on-site.
See pictured from above:
E Palm St
Palm St
See pictured from N. E Street facing northeast:
E
STREET
SQUARE
COFFEE•
Zone: The project is located in the CC (Central Commercial) zone district. The proposed use is consistent with Section 17.24.02(CC) "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" of the Zoning Ordinance.
Gen. Plan: The subject site has the General Plan designation of Central Commercial Land Use: The site contains improvements including a two-story commercial structure with brick façade, frontage improvements including existing curb, gutter, sidewalk, landscape planters, and street trees. Surrounding land uses are as follows:
North: Homes goods store
South: Bakery
East: Ford automobile dealership
West: Brewery
Infrastructure: The project will utilize existing commercial space to operate the proposed use.
No new public right-of-way improvements proposed, nor are there any proposed improvements to the existing on-site infrastructure.
Landscaping: The project has not proposed any changes to the existing landscaping. No new landscaping is proposed.
CEQA:
(Cal. Code Regs. tit. 14§15301).
Prior Council/Board Actions: N/A
Attachments: City Council Resolution 2023-30
Chief of Police Letter of Recommendation
Recommended motion to be made by the City Council: I move to adopt Resolution 2023-30 permitting the Cannabis Regulatory Permit, to allow operation of the proposed Medical Cannabis Treatment Center subject to conditions of approval as presented RESOLUTION 2023-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER APPROVING ISSUANCE OF CANNABIS REGULATORY PERMIT NO. 2023-01, A REQUEST BY DON
ANDERSON TO OPERATE A MEDICAL CANNABIS TREATMENT CENTER, SUBJECT TO ALL PROVISIONS OF EXETER MUNICIPAL CODE SECTION 8.50 (REGULATION OF CANNABIS) FOR A BUSINESS LOCATED AT 123 N. E STREET, SUITE 102, ON THE EAST SIDE OF N. E STREET, NORTH OF E. PINE STREET, APN 138-094-015, CONTAINING APPROXIMATELY 0.17 ACRES.
WHEREAS, the applicant, Don Anderson, has requested a Cannabis Regulatory Permit to operate a medical cannabis treatment center on property at 123 N. E Street, Suite 102, (APN: 138-094- 015), located on the east side of N. E Street, north of E. Pine Street in Exeter, pursuant to Exeter Municipal Code Section 8.50, Regulation of Cannabis, and WHEREAS, the applicant's request to operate a medical cannabis treatment center requires that a Cannabis Regulatory Permit be issued prior to operation, and WHEREAS, Exeter Municipal Code Section 8.50 sets forth procedures for the issuance of a Regulatory Permit, which includes a requirement for the Exeter Chief of Police to make a recommendation on issuance or denial of the Regulatory Permit, as well as requiring a public hearing before the City Council to issue or deny the proposed Regulatory Permit, and WHEREAS, the City of Exeter Chief of Police did, on November 16" of 2023, pursuant to Exeter Municipal Code Sec. 8.50.120(A)(1), cause written notice of the findings of their authorized investigation and recommendation on issuance to be mailed to the applicant prior to the public hearing before City Council, and
WHEREAS, The City Council of Exeter, California did, on December 12, 2023, hold a duly noticed public hearing for review for an applicant-initiated request to consider a Cannabis Regulatory Permit to operate a medical cannabis treatment center, for property located at 123 N. E Street, Suite 102, (APN: 138-094-015), located on the east side of N. E Street, north of E. Pine Street in Exeter, identified in attached Exhibit "A" › and
WHEREAS, the proposed use, "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" is a permitted use in the CC (Central Commercial) district, and WHEREAS, the proposed use has been determined by Site Plan Review Committee to be exempt from Site Plan Review under Exeter Municipal Code Section 17.54.03(F), and WHEREAS, a public hearing notice was sent to surrounding property owners within 300 feet of the subject property and was also published in the local paper 10 days prior to said public hearing, and WHEREAS, the Planning Department has prepared a staff report on the Cannabis Regulatory Permit and determined that the project is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Existing Facilities exemption, and WHEREAS, the City Council has reviewed the staff report, considered public testimony on the proposed Regulatory Permit, both for and against.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this Regulatory Permit:
1. The business or conduct of the business at a particular location is not prohibited by any local of State law, statue, rule, or regulation. This finding can be made.
2. The Business Owner or Operator has not been issued a local or State permit related to Cannabis operations at any other location in California, or another state, and such permit was not suspended or revoked, nor has the Business Owner or Operator had disciplinary action related to such permit. This finding can be made.
3. The Business Owner or Operator has not knowingly made false statements of material fact nor has knowingly omitted to state a material fact in the application. This finding can be made.
4. Consistent with State Law, or other applicable State law, the Business Owner or Operator, or any Responsible Person, has not been any of the following, this finding can be made:
a. Convicted of a serious or violent offence as listed under California Penal Code sections 667.5 and 1192.7(c); or
b. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
c. Convicted of a misdemeanor involving moral turpitude as defined under State law (general crimes related to theft and dishonesty) within five (5) years preceding the date of the application.
d. Convicted of a felony involving the illegal use, possession, transportation, distribution, or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or
e. Has engaged in misconduct related to the qualifications, functions, or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State Law; or f. Consistent with State Law or other applicable State Law, the Business Owner or Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or g. The Business Owner or Operator is under twenty-one (21) years of age, or any older other age set by the State; or
h. The Cannabis Operation does not comply with the zoning ordinance standards of the City, the development standards set forth in the City of Exeter Municipal Code, or the terms of the Development Agreement; or
i. The required annual business license fee, annual regulatory fee or fees specified in the Exeter Municipal Code have not been paid.
5. All of the above findings can be made.
6. That the conditions of approval are necessary to protect public health, safety, and general welfare.
The conditions of approval regulate the operation of the proposed Regulatory Permit and are intended to allow the proposed use to operate harmoniously with surrounding uses. This finding
7. Effective Date: Regulatory Permit No. 2023-01 shall be issued on January 1, 2024.
BE IT FURTHER RESOLVED that the City Council hereby approves Resolution 2023-30 approving issuance of Cannabis Regulatory Permit No. 2023-01, subject to conditions set forth in Exhibit "B".
PASSED AND ADOPTED THIS 12TH DAY OF DECEMBER 2023, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Frankie Alves, Mayor
ATTEST:
Christina Arias, Deputy City Clerk
Exhibit A
Location Map
E Palm St
Palm St
Exhibit B
Conditions of Approval
1. Before installation or erection of any signage, the applicant must submit an application for sign permits) and be approved. All signs shall be compliant with the City of Exeter sign standards.
2. All lighting must be installed with canopies, hoods, or other devices designed to direct lighting down and away from the street, and compliant with all improvement standards of the City of Exeter.
3. Any graffiti shall be removed within 24 hours.
4. The applicant must follow all provisions of Exeter Municipal Code Section 8.50, subject to the annual review and approval of the Chief of Police.
5. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.
OFFICE
191,
Exeter Police Department
100 N. C Street
Exeter, CA 93221 John Hall
(559) 592-3103 Chief of Police
801
Notice of Regulatory Permit Recommendation
November 16, 2023
RE: Exeter Municipal Code Sec. 8.50.120(A)(1) Written Notice of Regulatory Permit Recommendation To Donald Anderson,
This letter is pursuant to Exeter Municipal Code Section 8.50.120(A)(1) which requires the Police Chief to cause written notice of their recommendation on the issuance of denial of a Regulatory Permit to be personally delivered or mailed to the applicant prior to the public hearing before City Council. Based on the following criteria, as well as the submission of a complete and compliant application, I hereby notify you, the applicant, that the City Council will hold a Public Hearing on December 12, 2023, to consider the proposed Regulatory Permit, and that the Police Chief will recommend issuing the Regulatory Permit.
The adopted Regulation of Cannabis Ordinance requires that the following findings be made regarding the proposed Regulatory Permit:
A. The business or conduct of the business at a particular location is not prohibited by any local or State law, statute, rule, or regulation. This finding can be made.
B. The Business Owner or Operator has not been issued a local or State permit related to Cannabis operations at any other location in California, or another state, and such permit was not suspended or revoked, nor has the Business Owner or Operator had disciplinary action related to such permit. This finding can be made.
C. The Business Owner or Operator has not knowingly made false statements of material fact nor has knowingly omitted to state a material fact in the application. This finding can be made.
D. Consistent with State Law, or other applicable State law, the Business Owner or Operator, or any Responsible Person, has not been and of the following, this finding can be made:
a. Convicted of a serious or violent offence as listed under California Penal Code sections 667.5 and 1192.7(c); or
b. Convicted of any of the offenses listed in Business and Professions Code section 19323; or c. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes related to theft and dishonesty) within five (5) years preceding the date of the application; or
d. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activated related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or
e. Has engaged in misconduct related to the qualifications, functions, or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State Law; or f. Consistent with State Law or other applicable State Law, the Business Owner or Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or g. The Business Owner or Operator is under twenty-one (21) years of age, or any older other age set by the State; or
ICE OPA
eST
Exeter Police Department
100 N. C Street
Exeter, CA 93221 John Hall
(559) 592-3103 Chief of Police
801
h. The Cannabis Operation does not comply with the zoning ordinance standards of the City, the development standards set forth in this Code, or the terms of the Development Agreement; or
i. The required annual business license fee, annual regulatory fee or fees specified in this Code have not been paid.
E. All of the above findings can be made.
I, the City of Exeter Chief of Police, hereby advise the City Council of the City of Exeter to issue the Regulatory Cannabis Permit submitted by Donald Anderson, based on the findings above and the authorized investigation of the application.
Sincerely,
John Hall, Chief of Police
Exeter Police Department
100 N. C Street
Exeter, CA 93221
(559) 592-3103
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: 12 X City Council
Wording for Agenda: Public Hearing to receive the City's annual public accounting for development impact fees for Fiscal Year 2022- Regular Session:
2023 pursuant to State Law, Government Code Section 66006. - Consent Calendar Regular Item
X Public Hearing
Submitting Department: Finance
Contact Name: Eekhong Franco, Finance Director Review:
Phone Number: (559) 592-2755
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation:
Conduct a Public Hearing to receive the 2022-2023 Impact Fee Report in compliance with State Law, Government Code Section 66006, therefore Council is required to receive, review, and file the report.
Summary/Background:
Development impact fees are part of a funding system that California cities and counties use to fund new or expanded infrastructure needed to serve growth and development. Impact fees are imposed by a city on new development to pay for proportionate costs of providing public infrastructure to serve the new development (increased population, increased traffic, etc.) These infrastructure fees include roads, parks, storm drains, water, sewer, and other public facilities.
The purpose of this report is to advise the public and the Council on the City's use of our accumulated impact fees, and to demonstrate that these monies were appropriately spent on impact related projects. The 2022-2023 Impact Fee Report follows Government Code Section 66006(a) and (b), which requires agencies to provide information on each fund or account established for the collection of impact fees. Within 180 days after the last day of each fiscal year this information must be made available to the public for the period covered by that fiscal year.
The City has four development impact fee categories:
Public Facilities Improvement 201-209)
• Storm Drain (120)
• Water Capital (105)
• Sewer Capital (107)
Fiscal Impact: Information only, no fiscal impact with this action.
Prior Council/Board Actions: Previous annual filings of Impact Fee Reports Attachments: City of Exeter 2022-2023 Impact Fee Report Recommended motion to be made by Council: I move the City Council receive and file the 2022-2023 Impact Fee Report as required by Government Code Section 66006 Citroy
2022-2023 IMPACT FEE REPORT
EXETER
As required by Government Code Section 66006, the following report is provided regarding Development Impact Fees collected and expended by the City of Exeter. There was a 13.80% CPI increase that went into effect for fiscal year 2022-2023.
PUBLIC FACILITIES IMPROVEMENT (Funds 201-209)
Funds are earmarked to fund public improvement projects based on the preferred units of impact.
Landscaped medians, Signals, and Railroad crossings, all based on traffic generation rates. Bike path is based on bike trips. Public facilities, Parks, and Parking in-lieu are all based on population.
A. Public Improvement Fees are charged for new development within the City. All impact fees came into effect December 26, 2004 except Parking in-lieu which was effective as of January 9, 2021.
B. The fees per lot: Landscaped Medians: Single $ 489 Multi Unit $ 349 Mobile Home $ 244 Signals $ 390 $ 279 $ 193
Railroad Crossings $ 204 $ 145 $ 100
Bike Path $ 41 $ 28 $ 19
Public Facilities $1,360 $ 454 $1,305
Parks $ 740 $ 627 $ 708
Totals Fees per unit: $3,224 $1,882 $2,569
C. The optional Downtown Parking Impact Fee $1,707 per stall for new or expanding business D. The Beginning Fund Balances as of July 1, 2022 totaled $239,781.25. The Ending Fund Balances on June 30, 2023 was $269,241.98.
E. 2022/2023 Fiscal Year: Fees collected $26,231 Total interest earned: $3,229.73.
Expenditures: None
F. Funds are earmarked:
a. Landscape Median (201) $42,313.39 - Entrance sign at west end of Visalia Road. b. Public Facilities (202) $97,089.47 - Parking Lot off Palm and F (estimated costs $750,000) C. RR crossing (203) $17,571.13 - Rocky Hill crossing and Downtown d.
e. Parks (206) $75,008.67 - Park Improvements, Lights at Dobson Field ($250,000 estimated costs)
Bike Path (208) $3,516.55 - Bike Lane Striping
g. Parking (209) $0 - Downtown parking improvement (restriping, signage, additional lights, STORM DRAIN (120.000.299.005)
A. Storm Drain Fee is charged for new development within the City on an acreage basis. On April 26, 2008, the fee was changed as per Resolution 2008-06.
B. The fee per acre is $1,047.
12/12/2023, 2022-2023 Impact Fee Report 1
C The Beginning Fund Balance on July 1, 2022 was $2,785.78. The Ending Fund Balance on June 30, 2023 was $15,373.12.
D. 2022/2023 Fiscal Year: Fees collected: $17,118.45; Interest earned $173.09.
E. Expenditures: $4,704.20 (incurred for storm drain master plan update) F. Pending LEAP grant reimbursement during 2023/2024 Fiscal year: $65,000 G. Funds are earmarked for capital improvements including storm drain capacity increasing projects WATER CAPITAL (105.000.299.005)
B. A Water Capital Improvement Fee is charged for new development within the City.
C. New fees were adopted on February 26, 2008 per Resolution 2008-06 and became effective 0 days after the adoption date, April 26, 2008. The new fee schedule is based on a singl amily residence cost of $6,411. This is determined by Equivalent Dwelling Unit (EDU) ratic for water supply and distribution per unit of measure.
D. The Beginning Fund Balance on July 1, 2022 was $643,564.24. The Ending Fund Balance on June 30, 2023 was $694,624.22.
E. 2022/2023 Fiscal Year: Fees collected: $41,671.50; Interest earned: $9,388.48.
F. Expenditures: None
G. Funds are earmarked for water capital improvements such as:
a. Well improvements
b. Water capacity increasing projects
SEWER CAPITAL (107.000.299.005)
A. Sewer Capital Fee is charged for new development within the City. New fees were adopted Per Resolution 2008-06 on February 26, 2008 and became effective 60 days after the adoption date, which was April 26, 2008. The new fee schedule replaces existing fees and will be based on a single-family residence cost of $903 calculated by Equivalent Dwelling Unit (EDU) ratios for wastewater collection per unit of measure.
B. The Beginning Fund Balance on July 1, 2022 was $91,319.21. The Ending Fund balance June 30, 2023 was $98,311.01.
C. 2022/2023 Fiscal Year: Fees collected: $5,869.50; Interest earned: $1,122.30 D. Expenditures: None
E. Funds are earmarked for sewer improvements due to new development. 12/12/2023, 2022-2023 Impact Fee Report 2
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: 13 X City Council
Wording for Agenda: Consideration of awarding and authorizing the City Administrator to execute an agreement with the lowest Regular Session:
responsible bidder, Perfect Care Landscape and Maintenance of Consent Calendar Tulare, CA in a base annual amount of $102,924 to provide _Regular Item landscape maintenance services for the City's landscape and Public Hearing lighting districts beginning January 1, 2024, for a term of one (1) year, with four (4) optional 1-year extensions. Review:
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318 (Initials Required)
Email: [email protected]
Department Recommendation:
It should be noted that the low bidder's bid proposal comes with an annual increase of $30,444 (42%) over the cost of the current contract. Eight (8) of the landscape and lighting districts are currently operating in a deficit and prior attempts to ballot for reasonable operational cost increases have failed in most districts. As previously directed by the Council, maintenance services were reduced or suspended in certain districts, in an attempt to balance the respective fund. This approach was working, and the deficit amounts were being slowly reduced over time.
Should the Council decide to award the new contract, eighteen (18) of the nineteen (19) districts will be in annual deficit and, within five years, fourteen (14) of the nineteen (19) districts will be in fund deficit. The total deficit balance in the landscape and lighting district fund as of 6/30/2023 was $118,139.14. The projected deficit balance for FY 24/25, with just the new contractor costs (not including other scheduled utility cost increases), will increase an estimated $45K, bringing the total deficit to over $160,000. This fund deficit will continue to grow as additional district fund surpluses are depleted by these annual deficits.
Without increased revenue (assessments), the deficit amount will continue to grow over time.
For this reason, consideration must be given to either increasing revenue (assessments) or decreasing expenditures to bring the districts into balance. Accordingly, staff is requesting that the Council consider all of the above information and provide direction on how to proceed.
Summary/Background:
At the direction of Council, staff advertised a Request for Bids (RFB 23-008) on October 13, 2023 for landscape maintenance services for the City's landscape and lighting districts and received four (4) bids on November 15, 2023. Perfect Care Landscape and Maintenance of Tulare, CA submitted the lowest bid in the amount of $102,924, which is a 42% increase over the current contract amount.
Following is a summary of the bids that were received:
Perfect Care Landscape and Maintenance $102,924
JCS Land Management $128,400
Westscapes Inc. $158,304
Valley Green Landscape and Maintenance $191,000
Perfect Care Landscape and Maintenance's bid proposal has been reviewed by staff and all required information submitted has been determined to be complete and responsive.
Fiscal Impact: Landscape maintenance services for the City's landscape and lighting districts are paid from assessments collected from property owners within the various landscape and lighting districts. As indicated above, the low bidder's bid proposal comes with an annual increase of $30,444 (42%) over the cost of the current contract. With several of the districts already being in substantial deficit, the increased costs of the new contract for services will cause even larger deficits in certain districts and send nearly all of the districts into annual deficit. While the City is currently covering the shortfalls through a loan of General Fund dollars, it is not appropriate to continue doing so as the financial responsibility for maintenance of landscape and lighting districts falls on individual property owners of each district, not the entire city.
Prior Council/Board Actions: On June 28, 2022, Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Valley Green Landscape and Maintenance of Visalia, CA in a base annual amount of $72,480 to provide landscape maintenance services for the City's landscape maintenance districts beginning July 1,2022, for a term of one (1) year, with four (4) optional 1-year extensions.
Attachments: Contract
LLMD Spreadsheet
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to provide direction to staff regarding contract award and addressing district deficits per council discussion.
Section 7: Contract
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE CITY OF EXETER'S LANDSCAPING AND LIGHTING
DISTRICTS
(City of Exeter Bid No. 23-008)
This Agreement, entered into and effective this 1st day of January, 2024 ["Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY", and Perfect Care Landscape and Maintenance hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT".
RECITALS
WHEREAS, CONTRACTOR is a partnership business with a primary business address of 482 Ranch Acres Rd, Tulare, CA 93274; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for Landscape Maintenance Services for the City's Landscape and Lighting Districts; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination City of Exeter, California
Iscape and Lighting Districte
or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Exeter RFB 23-008 - Landscape Maintenance Services - Landscape and Lighting Districts
Attachment 2 CONTRACTOR's bid in response to RFB 23-008 CONTRACTOR will invoice the City monthly on or before the 5th of each month.
CONTRACTOR shall provide all work/services described in "Scope of Services" in RFB 23-008.
3. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor on a monthly basis Within 30 days from date of invoice for completed work
4. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Compensation: $102,924.00
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of |
invoice for completed work
5. INSURANCE:
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 in Attachment
6. Indemnification:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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.
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.
7. AFFIRMATION:
Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
8. INTEGRATION/MODIFICATION:
The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of
which are hereto attached, are hereby incorporated in and made part of this Agreement.
9. ARBITRATION:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. ATTORNEY 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 reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.
11. FIREARMS PROHIBITED:
Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated:_ By:
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF EXETER
Dated: By:_
City Administrator
Dated:_ By:_
City Attorney
Dated:_ By:_
City Risk Manager
Dated:_ By:_
Director of Public Works
Attachment 1
CITY OF EXETER
PUBLIC WORKS DEPARTMENT
EXETER
PROTECTING, PRETERVERO,
DALL TORN AMERICA
Landscape Maintenance Services - Landscape and Lighting Districts IN
CITY OF EXETER
TULARE COUNTY
PROJECT NO. 23-008
Dated: October 13, 2023
CITY OF EXETER
STATE OF CALIFORNIA
NOTICE TO CONTRACTORS
Project Name: Landscape Maintenance Services - Landscape and Lighting Districts Project No.: 23-008
RFB No.: 23-008
Sealed bids will be received at City Hall, 137 North F Street or P.O. Box 237, Exeter, California 93221, until 1:00 p.m. on Wednesday, November 15, 2023, and promptly thereafter all bids that have been duly received will be publicly opened and read aloud for furnishing to said City all labor, materials, supplies, equipment, transportation, incidentals, and services necessary to perform work. It is the bidder's responsibility that the sealed bid is received by the City of Exeter by the date and time stated above.
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, November 8, 2023.
A mandatory pre-bid meeting and site walk will be held on Monday, October 30, 2023, at 1:00 p.m. at 137 North F Street, Exeter, California.
This project requires the Contractor to have a California (C-27) Landscaping Contractor Classification License.
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 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)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
City of Exeter, California
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 at the City of Exeter - Public Works offices 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
City of Exeter. California
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Section 1: Introduction
Purpose
The City of Exeter ("City") is requesting bids (RFB) from experienced, well qualified landscape contractors to perform weekly maintenance of the City's twenty-one (21) landscape and lighting districts.
Background
The City of Exeter is located in Tulare County and covers approximately 2.46 square miles. The City of Exeter is situated in the middle of California's agricultural heartland, the great San Joaquin Valley, one of the world's most fertile valleys. The area has scenic beauty, a thriving business community and a population of more than 11,169 who take great pride in the town's heritage, quality housing, good schools, and a low crime rate.
Objectives
The City has twenty-one (21) landscape and lighting districts to be included in this bid.
This RFB is to solicit bids from qualified landscaping contractors to perform weekly maintenance of the City's twenty-one (21) landscape and lighting districts. Below are the key points for consideration:
• The selected contractor shall have a proven track record of services required. • The selected contractor shall have sufficient liability insurance. • The selected contractor shall have a California C-27 Landscaping Contractor Classification License. • The selected contractor shall have a Qualified Applicator Certificate in category B (QAC-B). • The selected contractor shall maintain a City business license at all times during the service of the contract. • The initial contract period shall be for twelve (12) months, renewable annually thereafter for four (4) consecutive one-year periods, at the City's option, and upon mutually agreeable terms • The contract period shall be from January 1s* through December 31 annually. • The contract may be terminated at any time for failure to perform satisfactorily or may be terminated after a 30-day notice to terminate.
• All prices shall be fixed for a twelve-month period. Prices bid by Contractor may be adjusted annually at time of contract renewal or upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials, or changes in scope of work. • By submitting a bid for this project, the Contractor acknowledges that he has visited each of the City's twenty- one (21) landscape and lighting districts and made himself aware as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal. • The Contractor shall be liable for all damage done to any structure arising through his operations. The Contractor shall repair all damage done through his acts or negligence.
Prevailing Wages
The selected contractor 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 City of Exeter, California
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to perform public work pursuant to Section 1725.5. To the extent required by law, selected 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 bid, be listed in a bid proposal, or perform any public work for the City. Proof of registration for each contractor and subcontractor listed on the bid is required.
As set forth in CLC section 1771.4(a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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 from 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 are available from the California Department of Industrial Relations' Internet web site.
Compliance with Discrimination Laws
The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, or other protected class.
Section 2: Scope of Work
Bid will be awarded 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.
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Exeter must be "priority work" for the successful Contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Public Works Department for review. The City of Exeter will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The City will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor in phases as stated below.
The Contractor will accept the conditions of the project area based off the agreed upon resolutions.
The City may conduct periodic inspections of the landscaping work by the Contractor and issue observed "Out of Compliance" reports to the Contractor. The Contractor will be required to review and remedy the observed "Out of Compliance" issues of those observed areas of the inspection reports by the City within seven (7) days. This does not relinquish the Contractor of any responsibility to inspect and ensure that all areas maintained by the Contractor are compliant as outlined in the contract.
Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed. Final payment will be reduced by the cost of these repairs and replanting performed by the City.
A. GENERAL CONDITIONS
1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.
The specifications and standards must be always met by Contractor regardless of Contractor's employees' absence or established staffing pattern and levels.
2. Working Day. The Contractor's activities must be confined to the hours between 6:00a.m. PST lay, excluding holidays. Deviation from these hours wi
immediate hazard to persons or property. No normal and routine maintenance operations that cause excessive noise shall be performed before 6:00 a.m. All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials and debris being scattered on vehicles or adjacent property. Contractor shall comply with the City of Exeter's Municipal Code Noise Ordinance Special restrictions 9.20.030
3. Company Identification. All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the Contractor. All vehicles (trucks, etc.) used while fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the Contractor.
4. Professional Conduct. Contractor and Contractor's employees must always conduct themselves professionally in public and when dealing with City staff and/or Exeter citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and Contractor's employees will also always afford residents and citizens the utmost courtesy and respect
5. Property Owner Concerns. As soon as the Contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Public Works Department of the concern (including the resident's name and phone number if possible). The Public Works Department will provide direction to the Contractor with regards to the appropriate response.
6. Mowing (when applicable). All turf areas covered by this contract shall be mowed on a weekly basis.
7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle. Contractor shall follow the City's and State's water conservation regulations.
8. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor of any chemicals while performing this contract. Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue.
9. Fertilizer. Fertilization will be on an as needed basis. Quotes shall be provided to the Public Works Department when additional services are needed.
10. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the Contractor, as well as bottles, cans, trash and paper and other yard waste. All trash and debris are to be immediately removed and disposed of. Trash, debris and green waste from City of Exeter landscaping may be disposed of at the City Corporation Yard located at 350 W. Firebaugh, during business hours.
11. Emergency Response. Contractor must be able to respond immediately to emergencies.
Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the Contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the Contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the Contractor must respond by 10 a.m. on the following working day.
Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which non- emergency messages can be received during the workday, i.e., phone messages, texts, email, etc.
12. Monthly Progress Reports. The Contractor shall provide monthly status reports with the monthly invoices. These reports are to include the following information:
a. Areas recommended for attention encountered during the month. b. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Public Works Department as part of the Contractor's monthly report.
B. LANDSCAPE MAINTENANCE - SPECIFICATIONS
1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor. Failure of an existing system after notice of acceptance to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the Contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection. Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.
Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, except for the testing of the back flow device. a. Maintenance. The Contractor must always maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The Contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
Sprinkler heads
• Spray nozzles
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Proper solenoid replacement should be completed with dry and tight connections Minor graffiti removal from irrigation controllers
Controllers to be keep free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If Contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Exeter reserves the right to bill Contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident because it is difficult to estimate the potential losses in water and the City's response time to complaints from residents.
Inspection. The Contractor must inspect all irrigation systems on a weekly basis for any malfunction. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas, or dry spots. Contractor must confirm irrigation scheduling is following the City's water conservation plan. The Contractor must notify the Public Works Department within twenty-four (24) hours of any malfunctions. Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.
Irrigation system leaks must be isolated within two (2) hours on the day reported to the Contractor. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement. Twenty-four (24) hour fixit notices will be sent to Contractor via email.
Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the Contractor's responsibility must be made by the Contractor prior to the end of the contract period.
If the repairs made are not to the City's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Director of Public Works.
C. Repairs. Irrigation systems which are aged, damaged by vandalism or in any way because of work performed under this contract must be repaired or replaced in kind and in an approved manner by the Contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the Contractor with the use of digital photos or video and supplied to the Public Works Department as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
The Contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Public Works Department, along with the regular monthly invoice, for reimbursement of materials only.
• Normal Repairs: Contractor is responsible for all normal repairs (i.e., timers, control boxes, valves, control wires, sprinklers, nozzles, lateral water service lines etc.) • Major Repairs: The City of Exeter is responsible for maintaining the backflow devices including annual maintenance/testing and repairs, in addition to meter and main water service lines.
Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.
d. Turf Watering (when applicable). All turf areas must be watered based on the City's water conservation plan. It is preferred to maintain a uniform, green, healthy growth pattern and promote deep root growth. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Public Works Department.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, unless otherwise directed by the City.
Contractor will be responsible for any fines associated with not following the City's Water Conservation Rules and Regulations.
f. Ground Cover. Enough water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not overwater or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken not to over water.
Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Remote Control Receiver: Upon contract commencement, the Contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems.
Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the Contractor to inspect the irrigation system effectively by utilizing the technology
2. Weed Control. To this specification, a weed shall be any undesirable plant or plant growing out of place. Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept always weed free. Complete removal of all weed growth is to be accomplished on a continuing basis weekly, not just once each thirty (30) days. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the Contractor.
Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
Use of Chemical Herbicides. The Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the Contractor's employees during chemical weed control operations. The City of Exeter may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the City of Exeter.
Diseases and Pest Control. The Contractor must regularly inspect all landscaped areas for the presence of disease, and insect, or rodent infestation. The Contractor shall notify the Public Works Department within three (3) days of finding such a condition. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down bi-weekly to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures on a weekly basis. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.
4. Plants. All shrubs and ground cover plants growing in the work area must be pruned as needed to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed off the plants on a weekly basis to allow for proper growth of the plants.
a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walkways, passageways, and streets. Clear view of traffic signs and intersections is to be always maintained. All shrubs and plant growth in planter areas along walls are to be maintained to the height of the wall without blocking any subdivision or safety signage or overhead or landscape lighting.
All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances. Mature trees must be raised above eighty-four (84) inches for site line visibility. Newly planted, young, or non-mature trees, multi-trunk trees, or large shrubs must also be raised or thinned to maintain site line visibility. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by Contractor, shall be removed away from job sites, and appropriately disposed of. Hauling and disposing of said debris must be included in bid price. Green waste debris may be dumped at City Corporation Yard during business hours and at no cost to the Contractor.
c. Trees.
Using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards, all cuts shall be made cleanly with no stubs or projections remaining. No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the City to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice. Canopy clearance above sidewalks, bikeways, and other pathways of 84" is to be maintained for pedestrian safety. All regulatory street and traffic signs must always be clear from obstruction. Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.
Leaves in planter areas shall be removed on a continual basis. In addition, during seasonal drop leaves will need to be removed off walkways as needed for safety. Fallen leaf material shall be removed off the plants on a weekly basis to allow for proper plant growth.
Newly planted trees that do not have trunk caliber sufficient to support the tree's weight shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species. Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1" wide, and a minimum of .01" thick shall be used to secure the young trees.
Tree ties to be inspected often for signs of girdling or abrasion.
Trees damaged by maintenance equipment shall be replaced by Contractor with like size and species. Contractor is responsible for all costs related to replacement.
Maintenance shall include the removal of dead trees, limbs, and dead leaf material on a weekly basis. Dead trees will need to be replaced per the contract for plant replacement in section 6 of this scope of work and per the discretion and determination of the City.
Young or new trees along trails, paths, Landscape and Lighting Districts, and parkway strips shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the Contractor for the first three (3) years of the tree's life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Exeter, Corporation Yard for storage.
The Contractor shall notify the City within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walkways, passageways, streets, curbing, and trails to allow for sate passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs.
5. Fertilization. Fertilization will be performed on an as needed basis, or as requested by the City. A slow-release fertilizer will be applied when fertilizer is requested.
The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth. All turf fertilizer shall be watered in thoroughly within two (2) hours of application. Fertilizer shall be applied uniformly using an appropriate spreader. Analysis of fertilizer shall be approved by the City prior to application. When fertilization is necessary the Contractor shall notify the City at least ten (10) days before any fertilizer applications. Receipts for the Contractor's purchase of the approved fertilizer will be required and must be submitted to the City with monthly invoice.
6. Replacement of Plant Material
a. The Contractor must notify the City within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause.
The Contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the Contractor or lost through the Contractor's faulty maintenance or negligence. Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.
Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Director of Public Works. The size and species of replacement plant material shall also be determined by the City of Exeter but shall be reasonably equal to the plant material that is being replaced.
c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the City), shall be replaced in kind and size at the City's direction. The Contractor will perform the work and the City will pay for the Contractor's labor at an hourly rate established in this contract.
From time to time, it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the City of Exeter's decision. The Contractor will perform the work and the City will pay for the Contractor's labor at contract rates and pay for replacement materials. All landscape repairs and replanting requested by the City must be completed sixty (60) days prior to contract renewal or prior to termination of contract.
The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices to be reimbursed for plant replacement.
Turf Maintenance (When Applicable)
a. Mowing. The turf must be mowed and edged at regular intervals each week during its growing season to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by the City with notice from Contractor. Contractor will never mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface or when it could be unsafe for Contractor's employees to operate equipment. All lawn areas in this contract shall be mowed with power-propelled reel or rotary-type mowers. Mowers shall be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions. Turf will be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
Blades shall be always kept sharp to prevent turf damage. Mowing patterns will be changed weekly or as often as necessary to avoid rutting. Turf will be kept at a uniform height that is recommended for that turf grass. Grass clippings shall be removed promptly and disposed of at the Contractor's expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
Contractor's employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor's expense with like species and size.
All mowers shall be cleaned prior to each mowing to avoid possible weed invasion. b. Mowing Height. All turf, except Bermuda, must be maintained at three and one-half inches (3 ½") maximum and two and three fourths' inches (2-3/4") minimum. Fescue height should not exceed 3 '" and common Bermuda must not exceed 2 "in height.
Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed.
All turf areas shall be mowed once a week on a preset day and route. Any changes to this schedule shall be approved in advance by the City.
During periods of heavy growth, more than one mowing per week may be required to maintain an acceptable appearance.
All turf areas shall be maintained at a level that will insure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every nowing. Unimproved surfaces between turf and planter areas and/or property line:
shall be edged a minimum of once per month to maintain turf delineation e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by the City. This is considered additional work and will be paid separately from this contract. Contractor shall provide the City of Exeter a quote for work prior to work being started.
When seed is used, areas shall be top-dressed with humus. g. Aerification. Acrification will be done on an as-needed basis when requested by the City. This is considered additional work and will be paid separately from this contract.
Contractor shall provide The City of Exeter a quote for work prior to work being started.
8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.
b. Groundcover beds shall be periodically edged to keep them in their intended space.
Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the City.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.
C. HARDSCAPE MAINTENANCE
HARDSCAPE AREAS. All curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e. center median island points, roundabouts, etc.) adjacent to and part of the City's landscape and lighting districts must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.
All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the Contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. Trash, debris and green waste from City of Exeter landscaping and lighting districts may be disposed of at the City Corporation Yard located at 350 W. Firebaugh Juring business hours
NOTE * The City's municipal code 9.20.030 states "Between the hours of ten p.m. of one day and six a.m. of the following day, it is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to create, cause to be created or maintain sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the neighborhood. Such sources shall include, but not be limited to, the following: Power-assisted leaf blowers, lawn mowers, edger's, or other power equipment used for the maintenance of property. Debris must be picked up and not blown into streets or adjacent properties." When using a blower or other power equipment, said municipal code must be adhered to.
Give Coe Catania
24740120303000000000
Landscape Maintenance District Locations:
NOTE: Not all highlighted areas require maintenance and are not included in this request for bid. BIDDER must isit each Landscape and Lighting District and make themselves aware as to the character, quality, an uantities of work to be performed and the materials to be furnished, and as to the requirements of th proposal. Questions regarding the areas included in the scope of work should be directed to [email protected].
Glenn Viow
states
CITY OF EXETER
LLMD
states No.:
Glenn View
No. T
SEDUDA DA Public Infrastructure Districts
Glenn Vien Awtray Euses
Estates No. 1 'Estates No. 2
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Ceruscress No. 1
Cruscrest Nic. 2
Counciest No 1
SAY PARME 610 %
Exotor Golf Courtry Vicar Cstarea Mes 1
Coseiry Yew Estates No
¡ Excier Gall Estates
Glenn View Estates No 1
Glenn Voter Estates No 2
Maple Glenn Vice Estates No 3
SWAPLEST Place Glenn View Estates No. 4
Clenn View Esates No. 5
Awbrey Glenn View Estases No
Mate past
cond Estater
Park Place 13s
Costa No. 2 Park Place No
Wagrove Estates No. 1
Widsee Estates 160. 2
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No. 1
Vert en so
Date 700218
RETER
EURAMAS
Section 3: Exclusions
The following activities are excluded from this contract:
1. Pruning of trees above the 8' canopy height
2. Cleaning of gutters except for cleaning up after maintenance is performed
3. Any watering which cannot be accomplished by the irrigation system
4. Major corrective pruning above and beyond specifications for shrubs
5. Landscape improvements beyond the scope of this proposal shall be on a separate contract basis
6. No lighting maintenance is included in this contract City of Exeter, California
PE: = 23-008 Landscape Maintenance Services - Landscene and ugheng Cancis Section 4: Response Requirements
Bids will be received until 1:00 P.M., on Wednesday, November 15: 2023. All costs associated with the bid proposal preparation will be borne by the Bidder.
Hand delivery of proposal option: Email delivery of proposal option:
Daymon Qualls, Director of Public Works Public Works Department City of Exeter - City Hall [email protected]
137 N. F St
Exeter, CA 93221
USPS mail option:
City of Exeter
PO Box 237
Exeter, CA 93221
Attn.: Public Works Department
Direct questions for clarification of this bid document to the Public Works Department via email [email protected]. Questions must be received by Wednesday, November 8, 2023.
Bidders shall submit the following information in their response:
1. Cover Letter: Provide a Cover Letter signed by an official authorized to bind the firm and shall contain a statement indicating that the bid proposal is valid for at least six (6) months.
2. Bid Sheet: Provide a completed bid sheet to include pricing per month for landscaping services at each City landscape and lighting district, as well as a total annual contract amount.
Section 5: Questionnaire
Proposer Information
All questions must be answered, and the data given must be clear and comprehensive. Bidders may submit additional information if appropriate.
1. Provide your company information and background.
2. Provide at least three (3) references for sites you currently maintain.
3. Describe any contracts your company currently has.
4. Describe your proposed landscape maintenance schedule and work plan.
5. Provide cost for any after hour/weekend emergency call outs.
City of Exeter, California
RFE : 23-008 - Landscace Meintenanse Services - Landscans and unhone Distica Section 6: Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) 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 20 10 (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.
b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor 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. d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor 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 two million dollars ($2,000,000) per accident.
ili. Environmental Impairment/Pollution Liability, to include non-aerial spraying of pesticides and herbicides, Groundwater contamination, etc. with limits no less than $1,000,000 per occurrence, to include Sudden and Accidental Environmental cleanup.
iv. Workers' Compensation and Employers' Liability
Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
City of Exeter, California
R-B = 23-
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;
• 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:
City Administration Office
100 N. C Street
EXETER, CA 93221.
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.
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.
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, contained therein, may be within public policy and enforceable.
Note : the selected firm(s) shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.
Section 7: Contract
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE CITY OF EXETER'S LANDSCAPING AND LIGHTING
DISTRICTS
(City of Exeter Bid No. 23-008)
This Agreement, entered into and effective this 1st day of January, 2024 ["Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY", and (Insert Contractor's Name)_ hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT".
RECITALS
WHEREAS, CONTRACTOR is an Incorporated (insert individual or entity type) with a primary business address of and SNor EIN: XX; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for Landscape Maintenance Services for the City's Landscape and Lighting Districts; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
City of Exeter. Califort
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Exeter RFB 23-008 - Landscape Maintenance Services - Landscape and Lighting Districts
Attachment 2 CONTRACTOR's bid in response to RFB 23-008 CONTRACTOR will invoice the City monthly on or before the 5th of each month.
CONTRACTOR shall provide all work/services described in "Scope of Services" in RFB 23-008.
3. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor on a monthly basis Within 30 days from date of invoice for completed work
4. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Compensation: $XX,XXXXX
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work
5. INSURANCE:
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 in Attachment
1. 6. Indemnification:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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.
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. pot exeter Cantel
7. AFFIRMATION:
Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
8. INTEGRATION/MODIFICATION:
The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of
which are hereto attached, are hereby incorporated in and made part of this Agreement.
9. ARBITRATION:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. ATTORNEY 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 reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.
11. FIREARMS PROHIBITED:
Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated. weister Clienta
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: By:
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF EXETER
Dated: By:_
City Administrator
Dated: By:
City Attorney
Dated:_ By:_
City Risk Manager
Dated: By:_
Director of Public Works
CirclExes Callornial
2240-08b80R20000800020
Section 8: City of Exeter Landscape and Lighting District - Landscape Maintenance Bid Sheet Company Bidding: _ Contact:
Initials of individual who
Landscape Maintenance District Amount Per Month visited site prior to bidding Awbrey Estates $
Blossom Estates $
Citrus Crest #1 $
Citrus Crest #2 $
Country View Estates #1 $
Country View Estates #2 $
Country View Estates #3 $
Exeter Golf Estates $
Glenn View Estates #1 $
Glenn View Estates #2
Glenn View Estates #3 $
Glenn View Estates #4 $
Glenn View Estates #5 $
Glenn View Estates #6 $
Maple Place $
Orchard Estates $
Park Place #1 $
Park Place #2 $
Rocky Hill Hacienda $
Wild Rose Estates #1 $
Wild Rose Estates #2 $
Total Annual Amount $
*By signing below, the Contractor acknowledges that he or she has visited each Landscape and Lighting District and is aware as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal.
*The City reserves the right to reduce or suspend services for specific districts. In such cases, Contractor's invoice shall be adjusted accordingly.
Signature Date
City of Exeter, California
2:3 3 dscape Maintenance Survices - Lamiscace 3ng
Attachment 2
Professional Landscape Maintenance
Consultant Services
Proposal
Landscape Maintenance Services-
Landscape and Lighting Districts
Prepared for:
City of Exeter
137 North "F" St.
Exeter, CA 93221
Prepared by
Perfect Care Landscape & Maintenance
Paul and Joey Cardoza, Partners
TABLE OF CONTENTS
LETTER OF TRANSMITTAL
QUESTIONNAIRE
COMPANY INFORMATION/BACKGROUND 5
BUSINESS REFERENCES
CURRENT CONTRACT DESCRIPTION 7
APPROACH TO WORK PLAN 8
COST AND PRICE PROPOSAL 11
APPENDICES 14
ADDENDUM #I
ADDENDUM #2
BOND
CERTIFICATE OF INSURANCE
LICENSE/CERTIFICATE DOCUMENTATION
2 PERFECT CARE LANDSCAPE & MAINTENANCE
482 Ranch Acres Dr.
Tulare, Ca 93274
Phone/Fax (559) 686-5919 / Cell (559) 679-6815 E-mail: [email protected] Nov. 14, 2023
Daymon Qualls, Director of Public Works
City of Exeter
137 N. F St.
Exeter, CA 93221
Dear Mr. Qualls;
Thank you for the opportunity to submit a proposal to provide quality landscape maintenance services for The City of Exeter. Attached you will find information about our company, a company that provides a wide range of services, including but not limired to: commercial landscape maintenance, disking, aerating, weed abatement, chemical applications, water auditing, etc. We work throughout the Central San Joaquin Valley from Bakersfield to Fresno, and including the City of Exeter.
We serve as the identified contact and legal representative, authorized to make decisions regarding the terms and conditions of any contract.
****** ************************************************************ Contact information includes the following:
Consultants): Paul & Joey Cardoza, Partners
Company Name: Perfect Care Landscape & Maintenance
Address: 482 Ranch Acres
Tulare, CA 93274
Phone/Fax: (559) 686-5919
Cell/Text: Joey (559) 679-5815 / Paul (559) 804-9615
E-mail: perfectcare/@ao.com
Website: www.perfectcarelandscape.com (information/photos of various projects) Joey Cardoza, partner, will serve as the contact person during the proposal evaluation phase and can be contacted via any method listed above.
************************************************************************************ 3 We trust that this information will be helpful in determining our qualifications. At Perfect Care, we are committed to offering you the best service possible, at the most reasonable price available, and we believe you would be very satisfied with our services. This proposal shall remain valid for 120 calendar days from submittal. To the best of our knowledge, all information submitted within this document is true and correct. Thank you again for the opportunity to serve the citizens of the City of Exeter.
Sincerely,
Paul Casta pang lazur
Paul Cardoza, Partner Joey Cardoza, Partner
Perfect Care Landscape & Maintenance Perfect Care Landscape & Maintenance (559) 804-9615 (559) 679-6815
Questionnaire
1. Company Information/background
Perfect Care is a professional organization, with an excellent reputation, and fully covered by Worker's Compensation and Liability Insurance. The company has operated in the landscape maintenance field for over 37 years, serving in the Central Valley for the last 34 of those years. Perfect Care is a local company that supports the local communities. The company purchases goods and services from vendors within the communities of Tulare County. Vehicles are purchased from local dealerships. Fuel is purchased daily from Tulare County gas stations, and all of our employees live in the surrounding area. Whenever possible, income earned through Perfect Care is pumped back in the local economy. We believe in community and the work that we do and the money that we spend all serve to beautify and improve our Tulare County. This is how we always have and will continue to do business.
Below you will find a brief profile that will be helpful in determining the viability of our company:
******************************************************
PERFECT CARE LANDSCAPE & MAINTENANCE
COMPANY PROFILE
Perfect Care Landscape & Maintenance Phone Number(Office): (559) 686-5919 Primary Location (2 Offices/Shop/Yard): Fax Number: ((818)302-2304 482 Ranch Acres Rd 24-Hour Emergency Number: (559) 679-6915 Tulare, CA 93274
Secondary Location (Equipment Yard)
13870 Ave. 228
Tulare, CA 93274
Services Provided:
Pest and weed control application - Commercial landscape maintenance/landscaping - Irrigation Repair - Water auditing
Aerating - Disking
Trash/Debris Removal
Company Founded: 1986
Type of Business: Partnership Partners Paul Cardoza/Joey Cardoza Exeter Business License #: 5445 Contractor License # 943930 Member: Tulare Chamber of Commerce Certified Water Auditor Certificate #85834 Number of Employees: 30-35 Qualified Pesticide Applicator's License # 119146 ****** ******************************
5 Perfect Care Landscape Maintenance provides pesticide application services and maintains a pest control business license with the state of California. Employees within the company are trained pesticide applicators, maintaining the most current knowledge in utilizing weed control techniques.
INSURANCE INFORMATION:
General Liability: $2,000,000 Auto Liability: $1,000,000 Employer's Liability / Workers Comp: $1,000,000
Perfect Care Landscape Maintenance is in strong financial condition and has maintained a history of financial stability. Our company has qualified for and secured performance bonds for the last 20+ years.
Typically, each bond is guaranteed for $100,000-$250,000. The company qualifies for unlimited lines of credit with companies such as; Southern Tire Depot (formerly TF Tires), California Turf, Ewing Irrigation, Diesel Doctor, Toro / Turf Star Equipment and Supplies, etc. Additionally, a $50,000 line of credit has been offered through Wells Fargo and Mechanics Bank. This strong financial condition will allow Perfect Care to complete the project efficiently.
COMPANY ASSETS/EQUIPMENT
(1) 48" Stand Up X Mark mower
(1) 16' Toro 5900 mower (1) 96" X Mark mower
(7) 72" Riding mowers (1) Xmark 48" stand-up aerator
(1) Toro Commercial Aerator (12) Trailors-16'-24'
(6) 60" Riding mowers 3) 21" Walk-behind mowers
(10) Commercial grade trucks (1) 16' Dump Trailer
(1) John Deer Tractor (1) Commercial spray truck w/2 (150 gal.) tanks with 15' boom
3) 48" Riding bagging mowers (2) Brush Hog
(1) Toro ProCore Processor (2) Utility Bed Irrigation Trucks (1) 160 gal. Spray Star riding sprayer (16' (1) Skidsteer (Bobcat) width)
Additional equipment: Hedge trimmers (25+), commercial backpack blowers (25+), line trimmers (25+), backpack sprayers(9), chain/pole saws (6), other misc. small equipment 6 2. Business References
The following clients that we currently maintain within the Tulare County area serve as business references and are available for contact:
Business Reference Address Yrs. of Contact Info. Phone
Service
City of Tulare Routes 475 N. "M" St., Tulare 12 yrs. Ivan Nicar, (559) 381-0971 B-C-D-E-F Parks Mgr.
City of Visalia Parks, 336 N. Ben Maddox, 20+ yrs. Alvin Diaz, (559) 904-0658 Roadsides and Visalia Mgr. Parks &
Recreation
Quadrants P, H, C
City of Delano 725 S. Lexington Delano, 8yrs. Jose Rojas (661) 720-2281 Landscape CA
District/Police Station
Evans Property Mgmt. 303 N. West St., Visalia 15+ yrs. Darlene (559) 732-0313 The Grove, Eastbrook, Christie
etc.
Equity Group: 4401 W. Goshen Ave. 10 yrs. Steve Duerre, (559) 901-7123 Courtyard at Del Lago, Owner
etc.
Tulare County Office 6200 S. Mooney 9 yrs. Roger Beaver (559) 553-2285 of Education Visalia
3. Current Contract Description
Perfect Care Landscape Maintenance runs more than 10 complete crews and has provided landscape maintenance services for several communities throughout the valley. The company has extensive experience working with several government agencies, including the Cities of Delano, Tulare, Visalia, Porterville, as well as several school districts (ICOE, TCSD, Saucelito, Sundale, etc.) and over 27 projects with the Tulare County Housing Authority. Our company currently provides service for the City of Visalia's Parks (over 200 acres of parks), Lighting and Landscaping Districts /Quadrants (30+ acres), 118 acres of Roadsides and Medians, etc. As well, the company has provided landscape maintenance, aerating, weed control application and related services for the City of Tulare for the past 12 years. Perfect Care has extensive experience in working with government agencies, and key personnel understand the importance of developing good working relationships with those agencies. Supervisory personnel from the cities of Tulare, Delano, Visalia and others (see list of business references) can attest to the professional quality services our company has provided. 7 Below is a list of complexes or sites that are of similar service level (not an exhaustive list-samples only).
Evans Property Management: Cobblestone, Villa Monte Vista, etc. (9 properties) - City of Visalia-Parks (200 acres)
- Tulare County Office of Education (9 sites)
- City of Tulare-Routes "B", "C", "D", "E". ', "F" (108 acres + parking lots) * City of Visalia-Roadsides and Medians (118 acres)
L Tulare County Housing Authority (28 sites)
+ Equity Group Property Management (9 properties)
+ Ruiz Foods (2 sites)
The crew-supervisors have a depth of knowledge regarding landscape maintenance and have over 100 years of combined years of experience in the field.
4. Approach to Work Plan
Perfect Care approaches the development of the work plan based on the needs of the Project. Upon signing of the contract, the Project Manager will meet with designated City of Exeter personnel to develop a work plan that meets the needs of the project. Each task or combination of tasks (such as mowing and edging) has a different cycle for completion. While some things must be done weekly, other tasks have to be done every other week, or throughout the year. The development of the work plan is then completed based on the requirements of the contract and the individual needs of each route.
The key to any successful business is in its strong central management and trained and experienced supervisors and employees with a clear line of authority and system of checks and balances. The projects) will be managed and maintained by thoroughly trained staff.
Key Staff include:
Project Yrs. Yrs. Credentials/Training
personnel experience with the
company
Paul Cardoza 37yrs. 37 yrs. Project Manager-general landscape maintenance, pesticide applicator's certificate, irrigation repair, pruning, aeration specialist
Joey Cardoza 22yrs. 22yrs. Project Manager (assigned to the City of Exeter projects)- general landscape maintenance, contractor's license,
pesticide applicator's license, water auditing license, irrigation repair, aeration specialist
8 Lionel Ramirez 25yrs. 21yrs. Project supervisor - irrigation specialist, pruning, general landscape maintenance
Javier Ramirez 17 yrs. 17 yrs. Project supervisor - general landscape maintenance, pesticide applicator training, irrigation repair, pruning David Andrada 24yrs. 10 yrs. Project supervisor - irrigation repair, pruning, general landscape maintenance
Juan Gonzalez 25 yrs. 15 yrs. Irrigation specialist-irrigation repair, general landscape maintenance
Additional crew members have experience in the field, have previously worked with landscaping companies and have experience with general landscaping and landscape maintenance. All employees in the field have at least 1 year of experience in the landscape maintenance field. Key personnel that will be performing the work have been identified above and will perform duties depending on the needs of the site and their individual areas of expertise. All work will be overseen by Joey and Paul Cardoza, Project Managers. Depending on which contracts are secured, crews will be assigned to the routes identified.
The Project Manager will provide the project owner with specific information on which route the project supervisor is assigned. All information regarding communication and work plan schedules will be provided as well. The projects) would be managed in the most efficient method available. Listed below is an outline of the project organizational chart:
Project Coordinator position
Project Manager, Joey Cardoza
Project Supervisor, Javier Ramirez/Leonel Ramirez / etc.
Work Crew
The Project Manager, Joey Cardoza, serves as the main contact and maintains constant communication with project personnel. As can be seen above, there is a direct line of communication between the project manager and project supervisor(s). For example, the primary Project Supervisor, Leonel Ramirez, reports 9 to and communicates with the Project Manager, Joey Cardoza. Additional work crews can be assigned as needed, depending on the needs of the project. The Project Manager and Project Supervisor will be assigned to the project for the duration of the contract. These individuals have a long employment history and changes are not anticipated. Any changes in key staff will be made will start with communication with city personnel and the agreement of all parties.
Tasks within the work plan will be completed according to the specifications established in the Request for Proposal. A Project Supervisor will be placed on the job site with the assigned crew. Each crew member will be assigned various tasks within the project. For example, one member on the mower, one man on the line trimmer, one working in the planter areas, etc. The assignments and order of activities depends on what tasks are needed for the project on that day. As discussed above, some tasks are not completed on a weekly basis. An estimated timeline will be established based on the needs of the individual projects/routes. Project implementation will be commenced upon signing of the contract and will be based on the needs of the project.
Perfect Care employees are trained in safety procedures, including appropriate protective wear, use of equipment, appropriate customer service strategies. All employees are easily identified by their neon colored Perfect Care uniforms and demonstrate the utmost respect during any interactions with the public.
This is a Perfect Care standard and expectation upon employment.
Quality Control: Perfect Care Landscape Maintenance's method of quality control is probably the biggest difference between Perfect Care and the rest of the competition. At Perfect Care Landscape Maintenance you will be assigned both a Project Manager and Project Supervisor. This style of project management has evolved through the years to balance the need to service you, our client. This supervision team is above and beyond the normal supervision of a project.
The Project Manager's primary work concern is to service you. He monitors jobs regularly to verify that the crews are on schedule and that the work that is being preformed is of good quality. The Project Manager is also the person who reports to you on the condition of the job site and makes suggestions to improve the appearance of the project on a steady basis. The budget and schedule control will be the responsibility of the Project Manager, who will work closely with project personnel. Additionally, the 10 project manager will be in constant communication (daily) with the City of Exeter personnel regarding any on the job site issues that arise. This allows for issues to be resolved immediately. Project manager then communicates with and directs the Project Supervisor to complete any task at hand.
The Project Supervisor is the one that manages the regular maintenance crews, supervises the on-going work completed by work crews, and handles service requests and scheduling the work so that the specifications are adhered to. Perfect Care Landscape Maintenance offers a variety of methods of communication that are designed to address any needs related to any projects. Work requests can be submitted through the Project Supervisor on site, via telephone/text communication, faxes or by e-mail.
Perfect Care maintains the appropriate technology to manage any data or communication needs. All methods of submission will be acknowledged within a 1-hour period, although responses are usually made very quickly after initial contact. With the use of smart phone technology, requests are often acknowledged instantaneously and acted upon as quickly. At that time a plan for addressing work requests or any related needs will be provided by the Project Manager. Because Perfect Care is a local company, crews are within Exeter city limits or nearby and can respond to requests without any additional travel time.
Any special issues or problems will be dealt with as they arise. Depending on the nature of the issue, Perfect Care employees develop a plan to address the problem, and communicate this to City staff, depending on need. A broken line would be automatically fixed, whereas a problem with usage of the property landscaping would be discussed with City personnel.
5. Cost and Price Proposal
The following pages contain information regarding the proposed cost for the identified areas outlined in this RFB. Additionally, as requested, the proposal includes a cost for any after hour/weekend emergency call outs:
Additional work (Beyond Key Personnel, Job Function Hourly Rate the described scope of work)
Irrigation tech. Repair broken irrigation pipe $60.00
Project supervisor, crew Knock down weeds, rake, $60.00 members pick up trash, etc.
members)
Weekend / After hours Project supervisor, foreman, Shut off stuck valve, pick up $60.00 emergency call out rew member, irrigation tech, fallen tree limb, etc. etc....
11 Please note that all Perfect Care Landscape Maintenance employees assigned to City projects are paid at or above prevailing wage rates as described according to the appropriate prevailing wage determination.
Perfect Care is currently working several prevailing wage projects, a registered contractor and is familiar with the requirements and procedures, as described by the DIR. Certified payroll records are submitted in a timely manner.
12 Section 8: City of Exeter Landscape and Lighting District - Landscape Maintenance Bid Sheet Company Bidding: Perfect Care Landscape & Maintenance Contact: Paul Cardoza (559) 686-5919 Landscape Maintenance District Initials of individual who Amount Per Month
visited site prior to bidding
Awbrey Estates $ 205.00
Blossom Estates $ 365.00
Citrus Crest #1 $ 273.00
Citrus Crest #2 $ 205.00
Country View Estates #1 $410.00
Country View Estates #2 $ 410.00
Country View Estates #3 $ 410.00
Exeter Golf Estates $ 545.00
Glenn View Estates #1 $ 365.00
Glenn View Estates #2 $ 365.00
Glenn View Estates #3 $ 365.00
Glenn View Estates #4 $ 365.00 A.
Glenn View Estates #5 $ 365.00 A
Glenn View Estates #6 $ 365.00
Maple Piace $ 410.00
Orchard Estates $ 547.00
Park Place #1 $ 547.00
Park Place #2 $ 929.00
Rocky Hill Hacienda $ 155.00
Wild Rose Estates #1 $155.00
Wild Rose Estates #2 $ 821.00
Total Annual Amount $102,924.00
*By signing below, the Contractor acknowledges that he or she has visited each Landscape and Lighting District and is aware as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal.
*The City reserves the right to reduce or suspend services for specific districts. In such cases, Contractor's invoice shall be adjusted accordingly.
Jung Saue 11/14/2023
Signature Date
13 Appendices
- Addendum #1
- Addendum #2
- Bond
• Certificate of Insurance
- Licenses / Certificates
14 EXHIBIT "A"
CONTRACT BOND FORMS
BIDDER'S BOND TO ACCOMPANY PROPOSAL
Known all men by these presents,
That we,_Perfect Care Landscape & Maintenance - as principal and The Ohio Casualty Insurance Company, As surety, are held and firmly bound into the City of Exeter in the sum of Ten (10) Percent of Amount Bid _dollars,
($ Ten (10) Percent of Amount Bid), 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 Perfect Care Landscape & Maintenance for
Landscape Maintenance Services -
Landscape and Lighting Districts dated November 15, 2023 is accepted by the City of Exeter and if the above bounded Perfect Care Landscape & Maintenance • 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 perfect Care Landscape & Maintenanceby 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 2nd day of November , 20 23
The Ohio Casualty Insurance Company
Pamela Ann Binns
Attorney-in-Fact
ACKNOWLEDGMENT
A notary public or other officer completing this
State of atonia Kenn
On November 2, 2023 before me, - Christine M. Stahl, Notary Public (insert name and title of the officer)
personally appeared Pamela Ann Binns, Attorney in Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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.
WITNESS my hand and official seal. CHRISTINE M STANE M
COmmA. 02348826
NOTARY PUSIC • CALIFORNIA
KERN COUNTY
Sly Cosm. Exp. Fod. 24, 2005 %
Choke More
Signature (Seal)
his Power of Attomey limits the acts of those named herein, and they have no authority t ind the Company except in the manner and to the extent herein stater Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Cerificate No: 8208553-983784 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jason Findley; Mark Heyne; Michael Moore; Mike Hay; Pamela Ann Binns; Ronald Burcham al or he sed acknowledge and refer for and on is leaf a sey and is act and read any and aly eating, onds recognizame and other surely aligions, in pursuance. each individually if there be more than one named, its true and lawful attorney-in-fact to make, of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of August
Liberty Mutuall Insurance Company
INSURANCE The Ohio Casualty Insurance Company
CCORPORITES West American Insurance Company
1912 8 1991
Haril Cary
LS3M By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
ss
County of MONTGOMERY verification inquiries. [email protected] On this 8th day of August 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance letter of credit. -'-
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. interest rate or residual value guarantees IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. (POA) ERESA PASTELLA Commonwealth of Pennsytvanla - Notary Seal Teresa Pastella, Notary Public
Montgomery County tereas Pastella
My commission expires March 28, 2025 By:
Commission number 1126044
SANSY LARS Teresa Pastella, Notary Public
Member, Pennsytvania Association of Notaries
NECTARY PUSLE
Not valid for mortgage, note, loan, This Power of Attorey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
For bond and/or Power of Attorney please call 610-832-8240 or email ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIlI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attoreys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
ertificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-i ct as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other sure obligations.
thorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of i mpany, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company w the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company d hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companios this 2nd dayof November: 2023
CASUALTY INSURAN RICAN
NCE ПОАРОМАТЕЙ PROPATE
1912 8 1919 1991
КАЗВАСНИКУ ОДНО By:
INVO LS3M INDIANA ANTON Renee C. Llewellyn, Assistant Secretary LMS-12873 MIC OCIC WAIC Multi Co 02/21
Evaluation of New Contractor Costs
Annual Districts In Annual
Monthly Surplus/Deficit 23-24 Annual Annual Deficits For Current Contract Annual Current With New Projected Deficit With Funds Over Monthly New Monthly Cost Contract Cost Annual Contract Current Total Annual Total Annual Ending Balance Number of Over 5 5 Year to Contract Contract Increase/D Increase/Decr Surplus/Defici Annual Cost With Costs With New With Current Years to Fund Years to Fund Districts Cost Cost ecrease Assessment Current Contract Contract Contract Deficit Fund Deficit Deficit Citrus Crest #1 170.00 273.00 103.00 1236.00 398.90 -837.10 3,669.28 3,270.00 4.506.00 -4,295.51 in Fund Defict Immediately Country View #3 230.00 410.00 180.00 2160.00 -2775.60 -4,935.60 964.40 3.740.00 5,900.00 - 13,811.57 in Fund Defict Immediately Glenn View Estates #2 210.00 365.00 155.00 1860.00 -6537.74 -8,397.74 3,601.26 10,139.00 11,999.00 -21,298.69 In Fund Defict Immediately Orchard Estates 415.00 547.00 132.00 1584.00 -3256.40 4,840.40 4,173.60 7.430.00 9,014.00 -17,720.04 In Fund Defict Immediately Park Place 1 515.00 547.00 32.00 384.00 - 1862.54 -2,246.54 6,167.46 8.030.00 8,414.00 -19,658.39 In Fund Defict Immediately Park Place 2 515.00 929.00 414.00 4968.00 997.72 3,970.28 9,927.72 8,930.00 13,898.00 -18,561.85 In Fund Defict Immediately Rocky Hill Haciendas 230.00 155.00 -75.00 -900.00 - 1922.72 -1,022.72 2,867.28 4,790.00 3,890.00 - 14,615.31 In Fund Defict immediately Wildrose #1 480.00 155.00 -325.00 -3900.00 5716.80 -1,816.80 2,345.20 8,062.00 4,162.00 -23,332.50 In Fund Defict Immediately Glenn View Estates #1 210.00 365.00 155.00 1860.00 1512.16 -347.84 5,456.16 3,944.00 5,804.00 32,782.61 94.25 $ 94.25 (347.84) in Fund Deficit - Long Term Glenn View Estates #3 210.00 365.00 155.00 1860.00 583.88 -1,276.12 4,522.88 3,939.00 5,799.00 8,013.59 6.28 6.28 (1,276.12) in Fund Deficit - Long Term Citrus Crest #2 170.00 205.00 35.00 420.00 545.20 125.20 3,804.20 3,259.00 3,679.00 31,382.78 Not in Annual or Fund Deficit Glenn View Estates #4 210.00 365.00 155.00 1860.00 895.92 -2,755.92 2,554.08 3,450.00 5,310.00 2,211.06 0.80 in Fund Deficit - Short Term Glenn View Estates #5 210.00 365.00 155.00 1860.00 1568.40 -291.60 5,018.40 3,450.00 5,310.00 12,208.47 41.87 $ 41.87 (291.60) in Fund Deficit - Long Term Glenn View Estates #6 210.00 365.00 155.00 1860.00 1624.08 -235.92 5,074.08 3,450.00 5,310.00 13.785.65 58.43 $ 58.43 (235.92) in Fund Deficit - Long Term Mapie Place 275.00 410.00 135.00 1620.00 -1200.46 -2,820.46 2,729.54 3,930.00 5,550.00 14,179.89 5.03 $ 5.03 (2,820.46) in Fund Deficit - Long Term Blossom Estates 160.00 365.00 205.00 2460.00 1162.28 -1,297.72 4,012.28 2,850.00 5,310.00 6,352.78 4.90 In Fund Deficit - Short Term Exeter Golf Estates 89000 3 102500 545.00 -5.00 -60,00 -3777.60 -3.717.60 132160 , 8,030.00 7.970.00 7,038.91 1.89 In Fund Deficit - Short Term Country View #1, #2, Awbrey Estates 435.00 5220.00 - 1435.40 6.655.40 8,757.00 S 13,977.00 5,084.89 0.76 In Fund Deficit - Short Term Nildrose #2 480.00 $ 821.00 341.00 4092.00 -3041.60 -7.133.60 326420 92400 } 13,886.00 368582 0.52 in Fund Deficit - Short Term $ 6.040.00 $ 8.577.00 2537.00 30444.00 -24030.16 54 474,16 139 688. 00 (4.971.94) Short Term (Less Than 5 year) Fund Deficit = -49,502.22 City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: 14 X City Council
Wording for Agenda: Consideration of awarding and authorizing the City Administrator to execute an agreement with the lowest Regular Session:
responsible bidder, Clean Cut Landscape Management Inc. of Consent Calendar Clovis, CA in a base annual amount of $86,580 to provide landscape _X_ Regular Item maintenance services for the City's parks and public buildings _Public Hearing beginning January 1, 2024, for a term of one (1) year, with four (4) optional 1-year extensions.
Review:
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318 (Initials Required)
Email: [email protected]
Department Recommendation:
Staff recommends that Council consider awarding and authorizing the City Administrator to execute an agreement with the lowest responsible bidder, Clean Cut Landscape Management Inc. of Clovis, CA in a base annual amount of $86,580 to provide landscape maintenance services for the City's parks and public buildings beginning January 1, 2024, for a term of one (1) year, with four (4) optional 1-year extensions.
Summary/Background:
At the direction of Council, , staff advertised a Request for Bids (RFB 23-009) on October 13, 2023 for landscape maintenance services for the City's parks and public buildings and received five (5) bids on November 15, 2023. Clean Cut Landscape Management Inc. of Clovis, CA submitted the lowest bid in the amount of $86,580.
Following is a summary of the bids that were received:
Clean Cut Landscape Management $86,580
Perfect Care Landscape and Maintenance $146,756.90
JCS Land Management $207,840
Valley Green Landscape and Maintenance $212,880
Westcapes Inc. $222,720
Clean Cut Landscape Management's bid proposal has been reviewed by staff and all required information submitted has been determined to be complete and responsive.
Fiscal Impact: Landscape maintenance services for the City's parks and public buildings are paid from the General Fund. The new contract for services comes with an annual increase of $8,100 (10.3%) over the cost of the previous contract.
Prior Council/Board Actions: On June 28, 2022, Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Valley Green Landscape and Maintenance of Visalia, CA in a base annual amount of $78,480 to provide landscape maintenance services for the City's parks and public buildings beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions. a contract in an annual Attachments: Contract
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: 1 move to award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Clean Cut Landscape Management Inc. of Clovis, CA in a base annual amount of $86,580 to provide landscape maintenance services for the City's parks and public buildings beginning January 1, 2024, for a term of one (1) year, with four (4) optional 1-year extensions.
Section 7: Contract
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE CITY OF EXETER'S PARKS AND PUBLIC BUILDINGS
(City of Exeter Bid No. 23-009)
This Agreement, entered into and effective this Ist day of January, 2024 ["Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY", and Clean Cut Landscape Management Inc., hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT"
RECITALS
WHEREAS, CONTRACTOR is an Incorporated California C Corporation - California State Certified Small Business #2028823, with a primary business address of 8406 N. Armstrong Ave., Clovis, CA 93619; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for Landscape Maintenance Services for the City's Parks and Public Buildings; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
City of Exeter. California
Parks and Public B.ridinas
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Exeter RFB 23-009 - Landscape Maintenance Services - Parks and Public Buildings
Attachment 2 CONTRACTOR's bid in response to RFB 23-009 CONTRACTOR will invoice the City monthly on or before the 5th of each month.
CONTRACTOR shall provide all work/services described in "Scope of Services" in RFB 23-009.
3. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor on a monthly basis | Within 30 days from date of invoice for completed work
4. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Compensation: $86,580.00
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work
5. INSURANCE:
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 in Attachment
6. Indemnification:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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.
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.
7. AFFIRMATION:
Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
8. INTEGRATION/MODIFICATION:
The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of
which are hereto attached, are hereby incorporated in and made part of this Agreement.
9. ARBITRATION:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. ATTORNEY 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 reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.
11. FIREARMS PROHIBITED:
Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: By:
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF EXETER
Dated:_ By:_
City Administrator
Dated:_ By:_
City Attorney
Dated:_ By:_
City Risk Manager
Dated:_ By:
Director of Public Works
Attachment 1
CITY OF EXETER
PUBLIC WORKS DEPARTMENT
Cilyof
EXETER
PROTECTING, PRESERVERG,
Landscape Maintenance Services - Parks and Public Buildings IN
CITY OF EXETER
TULARE COUNTY
PROJECT NO. 23-009
Dated: October 13, 2023
CITY OF EXETER
STATE OF CALIFORNIA
NOTICE TO CONTRACTORS
Project Name: Landscape Maintenance Services - Parks and Public Buildings Project No.: 23-009
RFB No.: 23-009
Sealed bids will be received at City Hall, 137 North F Street or P.O. Box 237, Exeter, California 93221, until 1:00 p.m. on Wednesday, November 15, 2023, and promptly thereafter all bids that have been duly received will be publicly opened and read aloud for furnishing to said City all labor, materials, supplies, equipment, transportation, incidentals, and services necessary to perform work. It is the bidder's responsibility that the sealed bid is received by the City of Exeter by the date and time stated above.
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, November 8, 2023.
A mandatory pre-bid meeting and site walk will be held on Tuesday, October 31, 2023, at 1:00 p.m. at 137 North F Street, Exeter, California.
This project requires the Contractor to have a California (C-27) Landscaping Contractor Classification License.
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 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)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. of Exeter California
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 at the City of Exeter - Public Works offices 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
City of Exeter California
Landscace Manterance Serpses - Parks aed 3cle BRa
Section 1: Introduction
Purpose
The City of Exeter ("City") is requesting bids (RFB) from experienced, well qualified landscape contractors to perform weekly maintenance of the City's twelve (12) parks and two (2) public buildings.
Background
The City of Exeter is located in Tulare County and covers approximately 2.46 square miles. The City of Exeter is situated in the middle of California's agricultural heartland, the great San Joaquin Valley, one of the world's most fertile valleys. The area has scenic beauty, a thriving business community and a population of more than 11,169 who take great pride in the town's heritage, quality housing, good schools, and a low crime rate.
Objectives
The City has twelve (12) parks and two (2) public buildings to be included in this bid.
This RFB is to solicit bids from qualified landscaping contractors to perform weekly maintenance of the City's twelve (12) parks and two (2) public buildings. Below are the key points for consideration:
• The selected contractor shall have a proven track record of services required. • The selected contractor shall have sufficient liability insurance. • The selected contractor shall have a California C-27 Landscaping Contractor Classification License. • The selected contractor shall have a Qualified Applicator Certificate in category B (QAC-B). • The selected contractor shall maintain a City business license at all times during the service of the contract. • The initial contract period shall be for twelve (12) months, renewable annually thereafter for four (4) consecutive one-year periods, at the City's option, and upon mutually agreeable terms • The contract period shall be from January 1s* through December 31 annually. • The contract may be terminated at any time for failure to perform satisfactorily or may be terminated after a 30-day notice to terminate.
• All prices shall be fixed for a twelve-month period. Prices bid by Contractor may be adjusted annually at time of contract renewal or upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials, or changes in scope of work. • By submitting a bid for this project, the Contractor acknowledges that he has visited each of the City's twelve (12) parks and two (2) public buildings and made himself aware as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal. • The Contractor shall be liable for all damage done to any structure arising through his operations. The Contractor shall repair all damage done through his acts or negligence.
Prevailing Wages
The selected contractor 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 ty of Exeter, California
to perform public work pursuant to Section 1725.5. To the extent required by law, selected 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 bid, be listed in a bid proposal, or perform any public work for the City. Proof of registration for each contractor and subcontractor listed on the bid is required
As set forth in CLC section 1771.4(a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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 from 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 are available from the California Department of Industrial Relations' Internet web site:
http://www.dir.ca.gov/dlsr/PWD/index.htm.
Compliance with Discrimination Laws
The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, or other protected class.
Section 2: Scope of Work
Bid will be awarded 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.
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the areas) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Exeter must be "priority work" for the City of Exeter, California
successful Contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Public Works Department for review. The City of Exeter will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The City will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor in phases as stated below.
The Contractor will accept the conditions of the project area based off the agreed upon resolutions.
The City may conduct periodic inspections of the landscaping work by the Contractor and issue observed "Out of Compliance" reports to the Contractor. The Contractor will be required to review and remedy the observed "Out of Compliance" issues of those observed areas of the inspection reports by the City within seven (7) days. This does not relinquish the Contractor of any responsibility to inspect and ensure that all areas maintained by the Contractor are compliant as outlined in the contract.
Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed. Final payment will be reduced by the cost of these repairs and replanting performed by the City.
A. GENERAL CONDITIONS
1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.
The specifications and standards must be always met by Contractor regardless of Contractor's employees' absence or established staffing pattern and levels.
2. Working Day. The Contractor's activities must be confined to the hours between 6:00a.m. PST and 6:00p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property. No normal and routine maintenance operations that cause excessive noise shall be performed before 6:00 a.m. All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials and debris being scattered on vehicles or adjacent property. Contractor shall comply with the City of Exeter's Municipal Code Noise Ordinance Special restrictions 9.20.030
3. Company Identification. All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the Contractor. All vehicles (trucks, etc.) used while fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the Contractor.
4. Professional Conduct. Contractor and Contractor's employees must always conduct themselves professionally in public and when dealing with City staff and/or Exeter citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and Contractor's employees will also always afford residents and citizens the utmost courtesy and respect.
Property Owner Concerns. As soon as the Contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Public Works Department of the concern (including the resident's name and phone number if possible). The Public Works Department will provide direction to the Contractor with regards to the appropriate response.
5. Mowing (when applicable). All turf areas covered by this contract shall be mowed on a weekly basis.
6. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle. Contractor shall follow the City's and State's water conservation regulations.
Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor of any chemicals while performing this contract. Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue.
7. Fertilizer. Fertilization will be on an as needed basis. Quotes shall be provided to the Public Works Department when additional services are needed.
8. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the Contractor, as well as bottles, cans, trash and paper and other yard waste. All trash and debris are to be immediately removed and disposed of. Trash, debris and green waste from City of Exeter landscaping may be disposed of at the City Corporation Yard located at 350 W. Firebaugh, during business hours.
9. Emergency Response. Contractor must be able to respond immediately to emergencies.
Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the Contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the Contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the Contractor must respond by 10 a.m. on the following working day.
Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which non- emergency messages can be received during the workday, i.e., phone messages, texts, email, etc.
10. Monthly Progress Reports. The Contractor shall provide monthly status reports with the monthly invoices. These reports are to include the following information:
a. Areas recommended for attention encountered during the month. b. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Public Works Department as part of the Contractor's monthly report.
B. LANDSCAPE MAINTENANCE - SPECIFICATIONS
1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor. Failure of an existing system after notice of acceptance to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the Contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection. Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.
Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, except for the testing of the back flow device. a. Maintenance. The Contractor must always maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The Contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Spray nozzles
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Proper solenoid replacement should be completed with dry and tight connections Minor graffiti removal from irrigation controllers
• Controllers to be keep free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If Contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Exeter reserves the right to bill Contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident because it is difficult to estimate the potential losses in water and the City's response time to complaints from residents. b. Inspection. The Contractor must inspect all irrigation systems on a weekly basis for any malfunction. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas, or dry spots. Contractor must confirm irrigation scheduling is following the City's water conservation plan. The Contractor must notify the Public Works Department within twenty-four (24) hours of any malfunctions. Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.
Irrigation system leaks must be isolated within two (2) hours on the day reported to the Contractor. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement. Twenty-four (24) hour fixit notices will be sent to Contractor via email.
Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the Contractor's responsibility must be made by the Contractor prior to the end of the contract period.
If the repairs made are not to the City's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Director of Public Works.
c. Repairs. Irrigation systems which are aged, damaged by vandalism or in any way because of work performed under this contract must be repaired or replaced in kind and in an approved manner by the Contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the Contractor with the use of digital photos or video and supplied to the Public Works Department as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
The Contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Public Works Department, along with the regular monthly invoice, for reimbursement of materials only.
• Normal Repairs: Contractor is responsible for all normal repairs (i.e., timers, control boxes, valves, control wires, sprinklers, nozzles, lateral water service lines etc.) • Major Repairs: The City of Exeter is responsible for maintaining the backflow devices including annual maintenance/testing and repairs, in addition to meter and main water service lines.
Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.
d. Turf Watering (when applicable). All turf areas must be watered based on the City's water conservation plan. It is preterred to maintain a unitorm, green, healthy growth pattern and promote deep root growth. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Public Works Department.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, unless otherwise directed by the City.
Contractor will be responsible for any fines associated with not following the City's Water Conservation Rules and Regulations.
f. Ground Cover. Enough water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not overwater or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.
Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken not to over water.
Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Remote Control Receiver: Upon contract commencement, the Contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems.
j. Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the Contractor to inspect the irrigation system effectively by utilizing the technology currently in place.
2. Weed Control. To this specification, a weed shall be any undesirable plant or plant growing out of place. Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept always weed free. Complete removal of all weed growth is to be accomplished on a continuing basis weekly, not just once each thirty (30) days. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the Contractor.
Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
Use of Chemical Herbicides. The Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the Contractor's employees during chemical weed control operations. The City of Exeter may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the City of Exeter.
3. Diseases and Pest Control. The Contractor must regularly inspect all landscaped areas for the presence of disease, and insect, or rodent infestation. The Contractor shall notify the Public Works Department within three (3) days of finding such a condition. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down bi-weekly to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures on a weekly basis. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.
4. Plants. All shrubs and ground cover plants growing in the work area must be pruned as needed to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed off the plants on a weekly basis to allow for proper growth of the plants.
a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walkways, passageways, and streets. Clear view of traffic signs and intersections is to be always maintained. All shrubs and plant growth in planter areas along walls are to be maintained to the height of the wall without blocking any subdivision or safety signage or overhead or landscape lighting.
All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances. Mature trees must be raised above eighty-four (84) inches for site line visibility. Newly planted, young, or non-mature trees, multi-trunk trees, or large shrubs must also be raised or thinned to maintain site line visibility. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by Contractor, shall be removed away from job sites, and appropriately disposed of. Hauling and disposing of said debris must be included in bid price. Green waste debris may be dumped at City Corporation Yard during business hours and at no cost to the Contractor.
C. Trees.
Using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards, all cuts shall be made cleanly with no stubs or projections remaining. No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the City to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice. Canopy clearance above sidewalks, bikeways, and other pathways of 84" is to be maintained for pedestrian safety. All regulatory street and traffic signs must always be clear from obstruction. Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.
Leaves in planter areas shall be removed on a continual basis. In addition, during seasonal drop leaves will need to be removed off walkways as needed for safety. Fallen leaf material shall be removed off the plants on a weekly basis to allow for proper plant growth.
Newly planted trees that do not have trunk caliber sufficient to support the tree's weight shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species. Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1" wide, and a minimum of .01" thick shall be used to secure the young trees.
Tree ties to be inspected often for signs of girdling or abrasion.
Trees damaged by maintenance equipment shall be replaced by Contractor with like size and species. Contractor is responsible for all costs related to replacement.
Maintenance shall include the removal of dead trees, limbs, and dead leaf material on a weekly basis. Dead trees will need to be replaced per the contract for plant replacement in section 6 of this scope of work and per the discretion and determination of the City.
Young or new trees shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the Contractor for the first three (3) years of the tree's life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Exeter, Corporation Yard for storage.
The Contractor shall notify the City within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walkways, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs.
5. Fertilization. Fertilization will be performed on an as needed basis, or as requested by the City. A slow-release fertilizer will be applied when fertilizer is requested.
The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth. All turf fertilizer shall be watered in thoroughly within two (2) hours of application. Fertilizer shall be applied uniformly using an appropriate spreader. Analysis of fertilizer shall be approved by the City prior to application. When fertilization is necessary the Contractor shall notify the City at least ten (10) days before any fertilizer applications. Receipts for the Contractor's purchase of the approved fertilizer will be required and must be submitted to the City with monthly invoice.
6. Replacement of Plant Material
a. The Contractor must notify the City within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The Contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the Contractor or lost through the Contractor's faulty maintenance or negligence. Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.
Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Director of Public Works. The size and species of replacement plant material shall also be determined by the City of Exeter but shall be reasonably equal to the plant material that is being replaced.
c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the City), shall be replaced in kind and size at the City's direction. The Contractor will perform the work and the City will pay for the Contractor's labor at an hourly rate established in this contract.
From time to time, it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the City of Exeter's decision. The Contractor will perform the work and the City will pay for the Contractor's labor at contract rates and pay for replacement materials. All landscape repairs and replanting requested by the City must be completed sixty (60) days prior to contract renewal or prior to termination of contract.
The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices to be reimbursed for plant replacement.
7. Turf Maintenance (When Applicable)
a. Mowing. The turf must be mowed and edged at regular intervals each week during its growing season to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by the City with notice from Contractor. Contractor will never mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface or when it could be unsafe for Contractor's employees to operate equipment. All lawn areas in this contract shall be mowed with power-propelled reel or rotary-type mowers. Mowers shall be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions. Turf will be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
Blades shall be always kept sharp to prevent turf damage. Mowing patterns will be changed weekly or as often as necessary to avoid rutting. Turf will be kept at a uniform height that is recommended for that turf grass. Grass clippings shall be removed promptly and disposed of at the Contractor's expense unless they will dry and drop beneath the growing Contractor's employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor's expense with like species and size.
All mowers shall be cleaned prior to each mowing to avoid possible weed invasion. b. Mowing Height. All turf, except Bermuda, must be maintained at three and one-half inches (3 ½") maximum and two and three fourths' inches (2-3/4") minimum. Fescue height should not exceed 3 ½" and common Bermuda must not exceed 2 "in height.
Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed.
All turf areas shall be mowed once a week on a preset day and route. Any changes to this schedule shall be approved in advance by the City.
During periods of heavy growth, more than one mowing per week may be required to maintain an acceptable appearance.
Secrets CR
All turf areas shall be maintained at a level that will insure a healthy, green color and uniform growth.
C. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by the City. This is considered additional work and will be paid separately from this contract. Contractor shall provide the City of Exeter a quote for work prior to work being started.
When seed is used, areas shall be top-dressed with humus. g. Aerification. Aerification will be done on an as-needed basis when requested by the City. This is considered additional work and will be paid separately from this contract.
Contractor shall provide The City of Exeter a quote for work prior to work being started.
8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.
b. Groundcover beds shall be periodically edged to keep them in their intended space.
Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the City.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.
C. HARDSCAPE MAINTENANCE
HARDSCAPE AREAS. All curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e. center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.
All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the Contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. Trash, debris and green waste from City of Exeter landscaping may be disposed of at the City Corporation Yard located at 350 W. Firebaugh, during business hours.
NOTE * The City's municipal code 9.20.030 states "Between the hours of ten p.m. of one day and six a.m. of the following day, it is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to create, cause to be created or maintain sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the neighborhood. Such sources shall include, but not be limited to, the following: Power-assisted leaf blowers, lawn mowers, edger's, or other power equipment used for the maintenance of property. Debris must be picked up and not blown into streets or adjacent properties. " When using a blower or other power equipment, said municipal code must be adhered to.
Parks and Public Buildings Locations:
NOTE: BIDDER must visit each location and make themselves aware as to the character, quality, and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal. Questions regarding the areas included in the scope of work should be directed to [email protected].
Facility Location Acreage
Administration 100 No. C St
City Hall 137 No. F St
Dobson Field East Rocky Hill Drive 17
City Park Chestnut and "E" Street 2.53
Brick House Park Palm and Filbert 0.97
Bark Park Palm and "f" Street 0.75
Joyner Park Pine and "C" Street
Mixture Park Pine and "E" Street 0.01
Water Tower Park Pine and "B" Street 0.25
Rose Garden Park Palm and "A" Street 0.22
Schelling Park Pine and Filbert 0.01
Planter Park Maple and "B" Street 0.01
Schroth Park Belmont and Vine
Unger Park Belmont and Glaze 4.7
Section 3: Exclusions
The following activities are excluded from this contract:
1. Pruning of trees above the 8' canopy height
2. Cleaning of gutters except for cleaning up after maintenance is performed
3. Any watering which cannot be accomplished by the irrigation system
4. Major corrective pruning above and beyond specifications for shrubs
5. Landscape improvements beyond the scope of this proposal shall be on a separate contract basis
6. No lighting maintenance is included in this contract City of Exeter, California
REB : 22-000 — Landscace / latenance Denses - Parks and Oblic Buildinos Section 4: Response Requirements
Bids will be received until 1:00 P.M., on Wednesday, November 15: 2023. All costs associated with the bid proposal preparation will be borne by the Bidder.
Hand delivery of proposal option: Email delivery of proposal option:
Daymon Qualls, Director of Public Works Public Works Department City of Exeter - City Hall [email protected]
137 N. F St
Exeter, CA 93221
USPS mail option:
City of Exeter
PO Box 237
Exeter, CA 93221
Attn.: Public Works Department
Direct questions for clarification of this bid document to the Public Works Department via email [email protected]. Questions must be received by Wednesday, November 8, 2023.
Bidders shall submit the following information in their response:
1. Cover Letter: Provide a Cover Letter signed by an official authorized to bind the firm and shall contain a statement indicating that the bid proposal is valid for at least six (6) months.
2. Bid Sheet: Provide a completed bid sheet to include pricing per month for landscaping services at each City location, as well as a total annual contract amount.
Section 5: Questionnaire
Proposer Information
All questions must be answered, and the data given must be clear and comprehensive. Bidders may submit additional information if appropriate.
1. Provide your company information and background.
2. Provide at least three (3) references for sites you currently maintain.
3. Describe any contracts your company currently has.
4. Describe your proposed landscape maintenance schedule and work plan.
5. Provide cost for any after hour/weekend emergency call outs.
City of Exeter: California
RFB : 23-000 — Landscaco Mammanancs Serpes - Parks ard Press Brianas Section 5: Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) 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 20 10 (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.
b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor 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. d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor 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 two million dollars ($2,000,000) per accident.
iii. Environmental Impairment/Pollution Liability, to include non-aerial spraying of pesticides and herbicides, Groundwater contamination, etc. with limits no less than $1,000,000 per occurrence, to include Sudden and Accidental Environmental cleanup.
iv. Workers' Compensation and Employers' Liability
Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
City of Exeter. California
Parks and Push 3
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:
City Administration Office
100 N. C Street
EXETER, CA 93221.
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.
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.
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, contained therein, may be within public policy and enforceable.
Note : the selected firm(s) shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.
Section 7: Contract
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE CITY OF EXETER'S PARKS AND PUBLIC BUILDINGS
(City of Exeter Bid No. 23-009)
This Agreement, entered into and effective this 1st day of January, 2024 ["Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY", and (Insert Contractor's Name)_ hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT".
RECITALS
WHEREAS, CONTRACTOR is an Incorporated (insert individual or entity type) with a primary business address of and SSN or EIN: XXXXXXXX; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for Landscape Maintenance Services for the City's Parks and Public Buildings; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Exeter RFB 23-009 - Landscape Maintenance Services - Parks and Public Buildings
Attachment 2 CONTRACTOR's bid in response to RFB 23-009 CONTRACTOR will invoice the City monthly on or before the 5th of each month.
CONTRACTOR shall provide all work/services described in "Scope of Services" in RFB 23-009.
3. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor on a monthly basis Within 30 days from date of invoice for completed work
4. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Compensation: $XX,XXXXX
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work
5. INSURANCE:
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 in Attachment
6. Indemnification:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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.
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.
7. AFFIRMATION:
Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
8. INTEGRATION/MODIFICATION:
The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of
which are hereto attached, are hereby incorporated in and made part of this Agreement.
9. ARBITRATION:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. ATTORNEY 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 reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.
11. FIREARMS PROHIBITED:
Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated:_ By:_
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF EXETER
Dated: By:
City Administrator
Dated:_ By:_
City Attorney
Dated:_ By:_
City Risk Manager
Dated: By:_
Director of Public Works
Section 8: Landscape Maintenance - Parks and Public Buildings - Bid Sheet Company Bidding: _ Contact:_
Landscape Maintenance Amount Per Month Initials of individual who visited site prior to bidding
Administration $
City Hall $
Dobson Field $
City Park $
Brick House Park $
Bark Park $
Joyner Park $
Mixture Park $
Water Tower Park $
Rose Garden Park $
Schelling Park $
Planter Park $
Schroth Park $
Unger Park $
Total Annual Amount $
*By signing below, the Contractor acknowledges that he or she has visited each location and is aware as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal.
*The City reserves the right to reduce or suspend services for specific locations. In such cases, Contractor's invoice shall be adjusted accordingly.
Signature Date
City of Exeter. California
RF3 = 23-009 Services - Parks and Public Buildings
Attachment 2
Clean Cut
LANDSCAPE
MANAGEMENT—
SINCE 1985
PRESENTED TO:
THE CITY OF EXETER
LANDSCAPE MAINTENANCE
PARKS & PUBLIC BUILDINGS
11/8/2023
*This proposal and attached pricing remains in effect for a period of 6 months.
Clean Cut Landscape Management Inc. 8406 N. Armstrong Ave., Clovis CA 93619 (559) 322-2041 Fax (559) 322-2071 CSLB #1010030 C-27/A
QAL-#129286 ABCDF
********************************************************************************** Clean Cut
• ANDS CAP
-MANAGEMENT-
SINCE 1985
GENERAL INFORMATION
2-ACCOUNT REPRESENTATIVES/ASSIGNMENTS
1. Project Manager-Karry Wendel
. Project Supervisor-Juan Perez Orege
. Route Foreman-Juan Orda
3-TYPE OF ORGANIZATION
1. California C Corporation
2. California State Certified Small Business #2028823
3. Minority owned/No certification.
4-LICENSES AND OTHER INFORMATION
Spray License QAL thru 12-31-2023.
No bankruptcies or claims.
Equipment-Please see #9
No subcontractors will be used.
5. No penalties, bankruptcies or claims have been placed against CCLM.
Federal Tax ID #-47-5090814
7. CSLB #1010030 C-27/A General Engineering
8. DIR #1000033453
9. Numerous City Business Licenses
5-COMPANY OFFICERS
• President and CFO-Karry Wendel
• Secretary-Mai Lee Hermann
6-PERSONNEL/RESUMES AND BACKGROUND
*Most employees have been with CCLM over 10 years. As such we do not expect turnover at this time.
Karry Wendel
President/Project Manager/Contact
Bachelors Degree-Linguistics 1983
Relevant coursework in Field Biology, Irrigation, Plant Identification, Construction Project Management, Scheduling, Estimating.
• Pepsi Cola 1983 thru 1985
Began CCLM in 1985
• QAL Spray License ABCDF
• A-General Engineering Contractors Licenses
: Cient andpaping Licenses
Mai Lee Vang
Office Manager
• Bachelors Degree in Child Education 2006
Extensive work (16 Years) in Public Works Payroll and Labor Compliance Job Costing
Accounting Fundamentals
• Proficient at 10 Key, Typing, Excel
• 401 K Management
• Health Insurance Compliance and Set Up
Anastasia Line
Office Assistant-CCLM Manager
• Certified Payroll and Labor Compliance
• Day to day contract duties
• Billing
A/P
• A/R
• Project Assistance
• Employee issues
Juan Perez Oregel
Operations Manager/Irrigation Specialist
• 16 Years experience
• Tree Pruning
• Irrigation Diagnostics
• Two Wire Systems and Troubleshooting
Booster Pump Diagnostics
Flow Sensors
Master Valves
• Controller Repair
• Wire Diagnostics and polarity review
• Weed control
•
7-SURETIES AND BONDING CAPACITY
After 38 years CCLM currently carries a $15,000,000.00 bonding capacity, should the City opt for Labor or Performance bonds for any of our work. Our bonding has rur through Alliant Services for many years. Outside of the provided Insurance Certificates for the plunderon orat parries Colvedarries a 510,000,000.00 liability policy at all imes, • Liability Insurance-The Hartford Group
• Workers Compensation-Zurich
• See attached certifications
8-REFERENCES
-See attached-
2-EQUIPMENT-RESOURCES
• 36 Trucks
• 47 Trailers
• Semi-Truck with End Dump and Low Boy Equipment Hauler • 60' Boom Lift for Tree Work and/or Other
• 8 Arrow Boards
• 3 Message Boards
• 2-New Holland 95 HP Tractors
• Discs/Flail Mowers/Baker Olsons/
• Spray Truck
• 1-96" Mower for Parks
• 10-72» Ride On Mowers
• 3-60" Ride On Mowers
• 1-52" Mower
• 2 Walker Mowers with Grass Collection Systems
• 3-Walk Behind Mowers
• 12 Bobcats
• 8 Ditch Witch Trenchers
• Caterpillar 415F2 Skip Loader
• Case Skip 570MXT Loader
• John Deere 310J Backhoe
• 1 Bobcat Mini Ex
• 1000 Gallon Finn Hydroseeder
• 3 Dump Trucks
• Many compactors, fertilizer spreaders, generators etc. not listed here.
10-COMPANY STRUCTURE/OTHER
President-Karry R. Wendel
Irrigation Technician and Crew Supervisor-Juan Oregel
Route Supervisor-Juan Ordaz
11-COMPANY HISTORY AND DESCRIPTION
The company began in 1985 with 1 truck and 1 mower. Since that day CCLM has continued to strive for excellence and knowledge in our field and the success that is a by product of that pursuit. We have had the privilege of being trusted with some fairly high- profile projects in maintenance and construction. From maintaining the CSUF Presidents Estate to the Downtown San Diego Historic Landscape Renovation and Maintenance valued at $4,000,000.00 to installing the Landscape and Irrigation and Maintaining Clovis North High School the goal has still been excellence. There have been many changes in the industry in the last 40 years with the latest being a renewed emphasis on preserving water, which has profoundly affected everyone as conservation and plant selection have come to the forefront. Irrigation technology and central control systems are moving rapidly ahead with each passing year and CCLM must be at the leading edge of this technology. The transition to low emission equipment is underway and again, CCLM is beginning that move as we speak. We have a long list of employees, some of whom have been with the Company for over 30 years. We are grateful for this long term dedication and the quality that only comes from employees who care. CCLM is built on this work ethic. We would consider it a privilege to work for the City of Exeter.
PROJECT APPROACH
AFTER HOUR PRICE-$60.00 PER HOUR
Karry Wendel 11/15/2023
SIGNED DATE
Section 8: Landscape Maintenance - Parks and Public Buildings - Bid Sheet Company Bidding: Clean Cut Landscape Management Inc. Contact: Karry Wendel Landscape Maintenance Amount Per Month Initials of individual who visited site prior to bidding
Administration $ 300.00 M.O.
City Hall $ 280.00 M.O.
Dobson Field $ 3,280.00 M.O.
City Park $ 540.00 M.O.
Brick House Park $ 225.00 M.O.
Bark Park $ 150.00 M.O.
Joyner Park $ 120.00 M.O.
Mixture Park $ 100.00 M.O.
Water Tower Park $ 75.00 M.O.
Rose Garden Park $ 75.00 M.O.
Schelling Park $ 60.00 M.O.
Planter Park $ 60.00 M.O.
Schroth Park $ 1,060.00 M.O.
Unger Park $ 890.00 M.O.
Total Annual Amount $ 86,580.00
*By signing below, the Contractor acknowledges that he or she has visited each location and is aware as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal.
*The City reserves the right to reduce or suspend services for specific locations. In such cases, Contractor's invoice shall be adjusted accordingly.
Karry Wendel 11/15/2023
Signature Date
City of Exeter, Califoni:
RFB # 23-009 - Landscape Maintenance Services -- Parks and Public Boildings 27 REFERENCES
• City of Lindsay-LMD's
Regular maintenance of City LMD's
City of Lindsay
Neyba Amezcua (559) 562-7102
Maintenance of irrigation, lawn and shrubs, weed controls etc..
Status-Ongoing for over 10 years.
• City of Hanford Maintenance of All LMD's
Regular maintenance of City LMD/s, parks, streetscapes.
City of Hanford
Levi Winebrenner (559) 585-2561
Donnie (559) 362-4659
Mowing, edging, blowing, irrigation, weed control, pruning etc.
Costs-As per Bid
Status-Ongoing for 11 years.
• City of Dinuba Maintenance-Sports Parks & Public Spaces Regular maintenance of all City Parks and LMD's
City of Dinuba
Current-Stephanie Hurtado (559) 591-5940
Mowing, edging, blowing, trimming of shrubs, weed control etc..
Costs-As per bid
Status-Ongoing for past 14 years approximately.
CONTRACTORI
aca STATE LICENSE BOARD
DEPARTUEAT OF CONSLAALI ACTIVE LICENSE
License Number 1010030 EneRy CORP
Business Name CLEAN CUT LANDSCAPE
MANAGEMENT INC
Cranencationis) A C27
Exoration Date 12/31/2023 www. csib.ca.gov
EPARTMENT OF PESTICIDE REGULATIO
epr ICENSING/CERTIFICATION PROGRA
QAL
QUALIFIED APPLICATOR LICENSE
LICENSE #: 129286 EXPIRES: 12/31/2023
Categories: ABCF Issued: 2/18/2022
KARRY R WENDEL
8406 N ARMSTRONG
CLOVIS, CA 93619
This License must be shown to any representative of the Director or Commissioner upon request.
EXHIBIT "A"
CONTRACT BOND FORMS
BIDDER'S BOND TO ACCOMPANY PROPOSAL
Known all men by these presents,
That we, Clean Cut Landscape Management Inc. → as principal and Everest National Insurance Company, As surety, are held and firmly bound into the City of Exeter in the sum of Ten Percent of Bid Amount _dollars,
10% , 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 Clean Cut Landscape Management Inc. for
Landscape Maintenance Services-Parks & Public Buildings Project #23-009 dated November 15, 2023
_ is accepted by the City of Exeter and if the above bounded Clean Cut Landscape Management Inc., 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 Clean Cut Landscape Management Inc. 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 15th day of November , 20_23
Clean Cut Landscape Management Inc.
Karry Wendel, President
Everest National Insurance Company
Kim Wilson, Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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.
State of California
I ss
County of Fresno
on Nurember 15, 2023, before me, Lyn Genito, Notary Public, personally appeared Kim Wilson , who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the personts), or the entity upon behalf of which the personts) 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.
WITNESS my hand and official seal.
LYN GENITO
COMMISSION #2435271
FRESNO COUNTY
Signature:
(Seal) Lyn Genito, Notary Public
¿ everest
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
Steven P. Edwards, Lyn Genito, Bonnie Gonzalez, Kim Wilson is fral and and atomings fact to make ere, ate penal sun o no one and in is a ere ere ever are on power of substitution and revocation.
uch bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent a such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate sea This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attomey to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
SEAL
1035
GRANARI
Auer
By: Anthony Romano, Senior Vice President
on this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrumen hat he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executer said instrument by like order.
Mate rot eaten York sale faken
Tem Expires Api 6. 2027
Linda Robins, Notary Public
1, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this LS_ day of _Wenlor 2022.
Syden's
1985
9a225.
By: Sylvia Semerdjian, Secretary
ES 00 01 04 16
ACKNOWLEDGMENT
Son or California FRESNO
On NOVEMBER 15, 2023 _before me, _ ANASTASIA LINE, NOTARY PUBLIC (insert name and title of the officer)
personally appeared _KARRY WENDEL
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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.
WITNESS my hand and official seal. ANASTASIA B. LINE
Notary Public - California
Fresno County
Commission# 2452043
My Comm. Expires Jul 1, 2027
signature Anastasia n (Seal)
City of Exeter
Agenda Item Transmittal
Meeting Date: December 12, 2023
For action by:
Agenda Item Number: 15 X City Council
Wording for Agenda: Discussion of Animal Control and Shelter Regular Session:
Service options for the City of Exeter.
Consent Calendar
X Regular Item
Submitting Department: Administration • Public Hearing
Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 Review:
Email: [email protected]
City Administrator
Department Recommendation: (Initials Required)
For the Council to discuss Animal Control and Shelter Service options for the City of Exeter.
Summary:
At the last regular Council meeting on November 14, the Council had questions regarding Visalia's proposal for renewal of the Animal Shelter and Control Services contract and at the Special meeting on December 4 requested that an item be brought to also discuss options.
Visalia staff responded to the questions the Council had indicating that the 300-animal minimum was to provide a buffer and make up some remaining deficit from the previous years. However, they indicated that after the first year they would be willing to negotiate a lower minimum animal threshold. They also indicated that Exeter providing their own animal control officer is an option moving forward and that they currently have that arrangement with the City of Dinuba.
There are two basic pieces to providing animal control services, Sheltering and Animal Control Officers (ACO). Providing sheltering services is specialized and requires a shelter that has to meet many requirements to provide proper care for the animals. Throughout the County the smaller agencies have not provided their own shelters due to the difficulty and expense of meeting these requirements for a relatively small number of animals. Therefore, shelters have been 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, Tulare County and 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 cities of Tulare and Porterville both indicated that they will be evaluating their costs as their expansions are completed and the costs are known. 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, including the City of Dinuba. 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 and indicated that it is working well but they still have quite a few stray animals.
For the ACO portion of the services there are three basic options, 1) contracting out to a larger agency, which could include a partnership with another small agency like we have with Farmersville and Visalia now, 2) forming a partnership with other small agencies to provide an ACO or ACOs to provide services to the small cities as a group and 3) bringing the position in- house as part of City staff. There are potential benefits and challenges with each of these Contracting to a larger agency could cost a little more but would result in a "full services" approach which would include some of the harder to quantify items like liability and claims losses, backup personnel during leave times and position vacancies and overall management of the position and service, such as recruiting, training, oversight.
Bringing the ACO position in as a city staff position is an option but has its challenges. While the "basic" costs might look less expensive, there are several costs that are harder to quantify but still real such as, recruiting, training, supervising, liability/claims losses, etc. One of the challenges for the smaller cities individually is that the ACO position does not need to be a full- time position. Hiring and retaining part time positions is challenging and can result in a lot of management time spent on just keeping a trained position filled. The position can be combined with other duties, but the combination of duties needs to allow for efficiency in all the areas and funding for those other duties must be provided from somewhere. Obtaining efficiency while "wearing multiple hats" can be difficult. 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. Over 5 years ago Exeter provided much more of the services "in- house" and the City of Exeter's finances were severely strained. Due to the hidden costs above, one of the strategies that was used to help turn the City's financial situation around was contracting out these one-of-a-kind type services.
Creating a partnership with other small agencies to share ACO services could be a way to get the amount of time needed for ACO services at a lower cost. Some of the challenges with this option are management of a single, or even two positions, by multiple agencies can be difficult when each agency may have different expectations and/or political views, complicating decisions on who takes on the management, coordination and liability of the services. Such an arrangement might be accomplished via an Agreement. Alternatively, a Joint Powers Authority (JPA) could be formed but that would require representation from each member agency which could result in more representatives involved in the JPA than there are staff providing the services, which can become inefficient. The provision of backup for leaves and vacant positions would also need to be considered, potentially either requiring two ACOs, which with four small agencies results in a half person per agency like Exeter has in its current contract or pursuing a contract for that additional service with the shelter services provider. Farmersville has 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. Visalia will continue to provide Animal Control services on a monthly basis until the contract negotiations are completed. 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
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, liability/claims losses, 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
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 considered the proposal on November 13 and authorized the City Manager to negotiate a contract. 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 in 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 Provided, paid by animal
Spay/Neuter, Microchip
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. 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 an agreement which helps to reduce costs and provide more efficient services for both agencies.
Next Steps: Staff will take next steps based on Council direction. Should an agreement with Visalia 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) would bring an update to City Council for approval. 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: Fiscal impact may vary depending on the direction given by Council..
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: I move to provide direction to staff regarding the provision of Animal Control Services as discussed.